CA Pub. Decisions

1. STONELIGHT TILE, INC., v. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Part I
   Jun 7, 2007
   California Insurance Guarantee Association could not, under "other insurance" exception, be held liable for plaintiffs' injuries where plaintiff failed to present evidence from which a reasonable trier of fact might have concluded that insolvent insurer's scope of…
2. STONELIGHT TILE, INC., v. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Part II
   Jun 7, 2007
   California Insurance Guarantee Association could not, under "other insurance" exception, be held liable for plaintiffs' injuries where plaintiff failed to present evidence from which a reasonable trier of fact might have concluded that insolvent insurer's scope of…
3. SERENO v. PADGETT
   Jun 7, 2007
   Attorney fee award to city in nuisance abatement suit was error where based on ordinance that conflicted with state law by providing for such award only where city prevailed and not to prevailing defendants, and subsequently enacted ordinance permitting recovery of attorney fees …
4. PEOPLE v. GUESS
   Jun 7, 2007
   Admission of unavailable witness' preliminary hearing testimony did not violate Confrontation Clause where defense counsel had adequate opportunity for cross-examination, even if such cross-examination was hindered because discovery materials were turned over so late as to pr…
5. WATSONVILLE v. CORRIGAN,
   Jun 7, 2007
   Where agreements between city and developer required developer to "defend, indemnify and hold City...harmless" from any claims for damage resulting from project and to "defend" city from any lawsuits based on such claims, city was not required to tender its defens…
6. ROUSH v. SEAGATE TECHNOLOGY, LLC,
   Jun 7, 2007
   Alleged sharing of confidential information obtained from plaintiff by co plaintiff, after co plaintiff secured separate counsel and settled with defendant, did not require disqualification of defense counsel absent showing that co plaintiff actually disclosed plaintiff's con…
7. WRIGHT v. ISSAK
   Jun 7, 2007
   Under Business and Professions Code Sec. 7125.2, which provides for automatic suspension of a contractor's license as of the date he was required to obtain workers' compensation insurance but did not, a contractor who underreported his payroll in his workers' compensa…
8. THE BOARD OF TRUSTEES OF THE LELAND STANFORD JU. UNI. v. THE SUPERIOR CO. Part I
   Jun 7, 2007
   Where plaintiff's father had signed plaintiff's personal injury complaint in his name at his request, court did not err in finding plaintiff had exercised control over the content and filing of the original complaint and therefore the signature defect could be cured by th…
9. THE BOARD OF TRUSTEES OF THE LELAND STANFORD JU. UNI. v. THE SUPR Co. Part II
   Jun 7, 2007
   Where plaintiff's father had signed plaintiff's personal injury complaint in his name at his request, court did not err in finding plaintiff had exercised control over the content and filing of the original complaint and therefore the signature defect could be cured by th…
10. PARSONS v. THE SUPERIOR COURT OF MARIN COUNTY
    Jun 7, 2007
    Motion to quash service of summons is an appropriate vehicle to challenge an unlawful detainer complaint that fails to allege compliance with applicable prefiling notice requirements, such as the requirement of a 60 day notice to terminate a houseboat tenancy.
11. VINEYARD AREA CITIZENS FOR RESPONSIBLE GROWTH, INC., v. CITY OF RANCHO CORDOVA
    Jun 7, 2007
    A modification decision.
12. PHYSICIANS v. MEDICAL EXECUTIVE COMMITTEE OF THE MEDICAL STAFF OF WASHINGTONTOWN
    May 28, 2007
    Where medical executive committee recommended that physicians' membership and clinical privileges at hospital be terminated, and physicians each invoked right to a hearing and requested that all hearings be consolidated, availability of an appeal of hearing officer's ruli…
13. CLUB v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
    May 28, 2007
    Substantial evidence supported a fair argument that timberland conversion project may have a significant effect on the environment, thus requiring preparation of an environmental impact report, where record contained detailed comment letter by an experienced professional plant ec…
14. HAYDEN v. ROBERTSON STEPHENS, INC
    May 28, 2007
    Corporation, which acquired brokerage firm after dispute involving that firm was submitted to arbitration but before award became final, did not, by reason of such acquisition, become a party to the arbitration for purposes of rule requiring disclosure of any financial relationsh…
15. FITZHUGH v. GRANADA HEALTHCARE AND REHABILITATIONCENTER, LLC
    May 28, 2007
    Cause of action for violation of Patients Bill of Rights survives patient's death, and where such claim was specifically excluded from scope of arbitration agreement, trial court correctly denied motion to compel arbitration of cause of action brought by survivors. Survivors …
16. PEOPLE v. BEJARANO
    May 28, 2007
    A modification decision.
17. FERGUS v. SONGER Part I
    May 28, 2007
    It all started over a quarter of a century ago with a chunk of concrete hurled at Joseph Songer (respondent) by Lawrence Bordan, owner of the Pismo Beach Hotel. As a result of this assault, Songer obtained a money judgment against Bordan. Collection was another matter. If there w…
18. FERGUS v. SONGER Part II
    May 28, 2007
    It all started over a quarter of a century ago with a chunk of concrete hurled at Joseph Songer (respondent) by Lawrence Bordan, owner of the Pismo Beach Hotel. As a result of this assault, Songer obtained a money judgment against Bordan. Collection was another matter. If there w…
19. PEOPLE v. HERNDON
    May 28, 2007
    A modification decision.
20. BENN v. COUNTY OF LOS ANGELES Part I
    May 28, 2007
    Federal Adoption Assistance and Child Welfare Act does not create rights enforceable in a 42 U.S.C. Sec. 1983 civil rights action. Where foster care provider's contract with county provided that county could terminate "for convenience" when deemed in its best interest…