CA Pub. Decisions

1. 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…
2. 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.
3. 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.
4. 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.
5. 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 …
6. DUALE v. MERCEDES-BENZUSA, LLC
   Apr 4, 2007
   A modification decision.
7. 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…
8. 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…
9. PEOPLE v. SCOTT
   Apr 3, 2007
   A modification decision.
10. 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.
11. 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 …
12. 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 …
13. 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,…
14. LEE v. SOUTHERN CALIFORNIAUNIVERSITY
    Apr 3, 2007
    Where student's Consumer Legal Remedies Act lawsuit against university contained class action allegations, court properly denied university's motion to compel arbitration where, though some of the potential class members had signed a contract including an arbitration clau…
15. MERCADO v. SUPERIORCOURTOFORANGECOUNTY
    Apr 3, 2007
    Nonparty may bring motion to disqualify attorney, rather than file an independent action to protect movant's substantive rights as former client, where attorney was disqualified in previous action involving movant, and new action in which ex client was not named as a party bu…
16. In re SHEENA K., Part I
    Apr 3, 2007
    Objection to probation condition on ground that it is vague or overbroad and thus facially unconstitutional, is not forfeited by failure to object at the time the condition is imposed. Probation condition requiring that defendant not associate with anyone "disapproved of"…
17. In re SHEENA K., Part II
    Apr 3, 2007
    Objection to probation condition on ground that it is vague or overbroad and thus facially unconstitutional, is not forfeited by failure to object at the time the condition is imposed. Probation condition requiring that defendant not associate with anyone "disapproved of"…
18. ALAN v. AMERICAN HONDA MOTOR CO., INC.,
    Apr 3, 2007
    Rule 8.104(a)(1) of the California Rules of Court, which in prescribing how a superior court clerk properly gives notice of a judgment or appealable order refers to "a document entitled "Notice of Entry" of judgment or a file stamped copy of the judgment, showing the …
19. DIABLO VALLEYCOLLEGE FACULTY SENATE v. CONTRA COSTA COMMUNITY COLLEGE DISTRICT
    Apr 3, 2007
    Community college district's districtwide reorganization, under which professional deans would be hired for managerial positions previously filled on a part time basis by faculty members, was not subject to state regulations requiring consultation with faculty senate on "…
20. PEOPLE v. GABRIEL REED STRASBURG
    Apr 3, 2007
    Where officer smelled odor of marijuana from parked car occupied by defendant and a companion, and defendant upon inquiry initially produced a quantity of marijuana within limit allowed by Compassionate Use Act, fact that defendant stated he had a medical marijuana prescription a…