CA Pub. Decisions

1. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part III
   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…
2. TROPPMAN v. VALVERDE
   May 28, 2007
   Vehicle Code Sec. 23612's implied consent law, which deems motorists who have been lawfully arrested for driving while under the influence to have consented to chemical testing, does not require proof of actual driving immediately prior to lawful arrest for driving while unde…
3. PEOPLE v. CRANDELL
   May 28, 2007
   Trial court's imposition on defendant of $2,600 restitution fine not mentioned by prosecutor when he recited parties' plea agreement did not violate plea agreement where court, before taking defendant's plea, had accurately advised him he would "have to pay a rest…
4. BRODIE v. WORKERS COMPENSATION
   May 28, 2007
   When worker suffers an industrial injury that results in permanent disability, Fuentes apportionment formula which calculates percentage of disability attributable to new injury by subtracting old rating from new rating, then consulting table for award due the difference must be …
5. In re CALVIN S.,
   May 28, 2007
   Fourth Amendment does not preclude the collection of DNA samples from a juvenile who is adjudicated under Welfare and Institutions Code Sec. 602 for committing a felony.
6. In re CHARLISSE C., Part I
   Apr 29, 2007
   Disqualification of publicly funded, nonprofit law office from representing child in dependency court on ground that it had previously represented her mother in a separate proceeding was error where child's attorney was not personally and directly involved in representing mot…
7. SC MANUFACTURED HOMES, INC., v. CANYON VIEW ESTATES, INC.,
   Apr 4, 2007
   Action by dealer of mobilehomes against other mobilehome dealers, as well as a number of mobilehome park managers and owners, in which plaintiff alleged it was precluded from selling mobilehomes as a result of a kickback scheme, did not "arise[] out of the provisions" of …
8. PEOPLE v. COOPER
   Apr 4, 2007
   In prosecution for theft from an elder, exclusion of victim's videotaped statements to police in their entirety was an abuse of discretion where portions of the statements were admissible for nonhearsay purposes or under hearsay exceptions, and exclusion was based solely on e…
9. BROWN v.TEHAMA COUNTY BOARD OF SUPERVISORS PART I
   Apr 4, 2007
   Private attorney general statute does not authorize an award of fees to state attorney general for action brought in his official capacity against local entity.
10. BROWN v.TEHAMA COUNTY BOARD OF SUPERVISORS PART II
    Apr 4, 2007
    Private attorney general statute does not authorize an award of fees to state attorney general for action brought in his official capacity against local entity.
11. BROWN v.TEHAMA COUNTY BOARD OF SUPERVISORS PART III
    Apr 4, 2007
    Private attorney general statute does not authorize an award of fees to state attorney general for action brought in his official capacity against local entity.
12. CALIFORNIA ASSOCIATION FOR HEALTH SERVICES AT HOME v. DEPARTMENT OF HEALTH SERVI
    Apr 4, 2007
    State Medicaid plan requires Department of Health Services to conduct annual reviews of reimbursement rates. Failure to conduct mandatory annual reviews of reimbursement rates may be remedied by writ of mandate requiring that such reviews be conducted in the future, and that DHS …
13. DUALE v. MERCEDES-BENZUSA, LLC
    Apr 4, 2007
    A modification decision.
14. OHTON v. BOARD OF TRUSTEES OF THE CALIFORNIASTATEUNIVERSITY Part I
    Apr 3, 2007
    Trial court erred in finding that university "satisfactorily addressed" a coach's internal administrative complaint solely on basis that it addressed complaint in timely manner. Coach's failure to seek review of university's adverse decision before pursuing an…
15. OHTON v. BOARD OF TRUSTEES OF THE CALIFORNIASTATEUNIVERSITY Part II
    Apr 3, 2007
    Trial court erred in finding that university "satisfactorily addressed" a coach's internal administrative complaint solely on basis that it addressed complaint in timely manner. Coach's failure to seek review of university's adverse decision before pursuing an…
16. PEOPLE v. SCOTT
    Apr 3, 2007
    A modification decision.
17. In re TIMOTHY WAYNE ARNETT
    Apr 3, 2007
    Fact that petitioner is a federal prisoner is not, in and of itself, a "substantial and principled" reason for denying a petition for change of name.
18. CALIFORNIA HOUSING FINANCE AGENCY v. HANOVER/CALIFORNIA MANAGEMENT Part I
    Apr 3, 2007
    An independent contractor who is able to exert significant influence over the contracting decisions of a public agency is an "employee" for purposes of Government Code Sec. 1090, even if the contractor would not be an employee under common law tort principles, and cannot …
19. CALIFORNIA HOUSING FINANCE AGENCY v. HANOVER/CALIFORNIA MANAGEMENT Part II
    Apr 3, 2007
    An independent contractor who is able to exert significant influence over the contracting decisions of a public agency is an "employee" for purposes of Government Code Sec. 1090, even if the contractor would not be an employee under common law tort principles, and cannot …
20. PEOPLE v. CHANEY
    Apr 3, 2007
    Court did not violate alleged kidnapper's Sixth Amendment right to confront and cross examine witnesses in admitting statements that a nontestifying witness/victim made to police officers when they arrived to execute a search warrant at the kidnapping site where the officers,…