CA Pub. Decisions

1. PEOPLE v. MACKLEM
   May 28, 2007
   A modification decision.
2. EL DORADO MEAT COMPANY v. YOSEMITE MEAT AND LOCKER SERVICE, INC.
   May 28, 2007
   Cost award of more than $140,000 to prevailing plaintiff in complex business litigation was not an abuse of discretion where costs were incurred in summarizing voluminous data crucial to plaintiff's claims, for copying of exhibits at reasonable rates, and for equipment to pro…
3. CAROL FIORENTINO v. CITY OF FRESNO
   May 28, 2007
   Public Resources Code Sec. 21167.4 requires dismissal of a CEQA petition on motion of the court or an interested party where plaintiffs do not file a request for hearing within 90 days of filing their petition even if the petition is filed prior to motion to dismiss. Denial of mo…
4. COUNTY OF ORANGE v. BARRATT AMERICAN, INC
   May 28, 2007
   Under Government Code Sec. 66016(a), which provides that if local agency overcollects building inspection and permit fees, surplus "shall be used to reduce the fee or service charge creating the excess," county may meet its duty to reduce fees in the event of surplus by n…
5. PEOPLE v. RANGER INSURANCE COMPANY
   May 28, 2007
   Denial of motion to extend 180 day limit for exoneration of bail bond was not an abuse of discretion where there was no surveillance, no checking of address information, and no enlistment of local police or other recovery specialists in an effort to actually apprehend absconder w…
6. In re BRANDY R.,
   May 28, 2007
   Juvenile court has jurisdiction to hold hearing on termination of parental rights pursuant to Welfare and Institutions Code Sec. 366.26 while awaiting issuance of remittitur after court of appeal's denial of parent's previous writ petition absent discretionary order by co…
7. PEOPLE v. CARLIN Part I
   May 28, 2007
   Sixth Amendment does not require that predicate offenses under Sexually Violent Predators Act be limited to those that have been admitted by defendant to involve substantial sexual conduct or which were found by jury to involve such conduct at the time. Trier of fact in proceedin…
8. PEOPLE v. CARLIN Part II
   May 28, 2007
   Sixth Amendment does not require that predicate offenses under Sexually Violent Predators Act be limited to those that have been admitted by defendant to involve substantial sexual conduct or which were found by jury to involve such conduct at the time. Trier of fact in proceedin…
9. In re BRANDEE TRIPP
   May 28, 2007
   Governor's denial of parole was supported by "some evidence" where the underlying crime was the kidnap and murder of a 10 year old child, the motive for which was to obtain money and to prevent victim from testifying against an accused child molester; defendant admitt…
10. In re ERNEST SMITH
    May 28, 2007
    Where length of time actually served by prisoner under indeterminate sentence prior to release plus credits for his time in custody before prison and post conviction credits for good conduct exceeded base term as determined by parole board, prisoner was not required to serve any …
11. PEOPLE v. CLEOPHUS PRINCE, JR PART I
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
12. PEOPLE v. CLEOPHUS PRINCE, JR PART II
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
13. PEOPLE v. CLEOPHUS PRINCE, JR PART III
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
14. PEOPLE v. CLEOPHUS PRINCE, JR PART IV
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
15. PEOPLE v. CLEOPHUS PRINCE, JR PART V
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
16. PEOPLE v. CLEOPHUS PRINCE, JR PART VI
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
17. PEOPLE v. CLEOPHUS PRINCE, JR PART VII
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
18. PEOPLE v. CLEOPHUS PRINCE, JR PART VIII
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
19. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part I
    May 28, 2007
    Permanent injunction prohibiting defendant from repeating certain defamatory statements about plaintiff was overly broad where it applied not just to defendant but to "her agents, all persons acting on her behalf or purporting to act on her behalf and all other persons in act…
20. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part II
    May 28, 2007
    Permanent injunction prohibiting defendant from repeating certain defamatory statements about plaintiff was overly broad where it applied not just to defendant but to "her agents, all persons acting on her behalf or purporting to act on her behalf and all other persons in act…