CA Pub. Decisions

1. GOLDEN EAGLE INSURANCE CORP. v.CEN-FED, LTD., Part I
   Apr 3, 2007
   Complaint by bank against its landlord, in which plaintiff alleged that insured landlord's failure to maintain premises breached lease and resulted in economic damage, including need to replace its safe deposit boxes to the first floor leased premises, which resulted in fewer…
2. GOLDEN EAGLE INSURANCE CORP. v.CEN-FED, LTD., Part II
   Apr 3, 2007
   Complaint by bank against its landlord, in which plaintiff alleged that insured landlord's failure to maintain premises breached lease and resulted in economic damage, including need to replace its safe deposit boxes to the first floor leased premises, which resulted in fewer…
3. MANSOUR v. DEGAS
   Apr 3, 2007
   Trial court did not abuse its discretion in refusing to set aside the order of dismissal where plaintiff's motion to vacate dismissal order was not filed until more than 10 months after plaintiff's counsel received written notice of the dismissal.
4. ZENITH INSURANCE COMPANY v. OCONNOR
   Apr 3, 2007
   Defendant law firm, retained by primary insurer to provide legal services with respect to the defense of certain claims, owed no duty of care to plaintiff reinsurer in absence of express agreement between plaintiff and defendant creating such duty, even though plaintiff had reins…
5. LORI RUBINSTEIN PHYSICAL THERAPY, INC., v. PTPN, INC.,
   Apr 3, 2007
   Under legislative scheme permitting private health insurers to create panels of "preferred providers" for subscribers and immunizing from antitrust liability "the formation of groups and combinations of providers and purchasing groups for the purpose of creating effic…
6. JORDAN v. ALLSTATE INSURANCE COMPANY
   Apr 3, 2007
   Insurer's denial of coverage based on a reasonable interpretation of policy exclusion does not, with respect to an action for bad faith, excuse its failure to investigate other possible bases for claim, such as "additional coverage" provisions that would provide cover…
7. AMALGAMATED TRANSIT UNION v. SUPERIORCOURTOFLOS ANGELESCOUNTY
   Apr 3, 2007
   A modification decision.
8. KNIGHT v. FERGUSON
   Apr 3, 2007
   Plaintiff moves to recuse defendants' lawyer in a lawsuit over a partnership and lease agreement. Prior to the lawsuit, the attorney briefly represented plaintiff concerning the possible formation of a partnership and lease agreement with another party involving the same busi…
9. GARLOCK SEALING TECHNOLOGIES v.NAK SEALING TECHNOLOGIES CORP., Part I
   Apr 3, 2007
   Trial court's finding of fact and conclusion of law that defendant manufactured allegedly defective products in compliance with specifications plaintiff supplied does not preclude finding that defendant breached implied warranty of merchantability where the implied warranty a…
10. GARLOCK SEALING TECHNOLOGIES v.NAK SEALING TECHNOLOGIES CORP., Part II
    Apr 3, 2007
    Trial court's finding of fact and conclusion of law that defendant manufactured allegedly defective products in compliance with specifications plaintiff supplied does not preclude finding that defendant breached implied warranty of merchantability where the implied warranty a…
11. GARLOCK SEALING TECHNOLOGIES v.NAK SEALING TECHNOLOGIES CORP., Part III
    Apr 3, 2007
    Trial court's finding of fact and conclusion of law that defendant manufactured allegedly defective products in compliance with specifications plaintiff supplied does not preclude finding that defendant breached implied warranty of merchantability where the implied warranty a…
12. GARLOCK SEALING TECHNOLOGIES v.NAK SEALING TECHNOLOGIES CORP., Part IV
    Apr 3, 2007
    Trial court's finding of fact and conclusion of law that defendant manufactured allegedly defective products in compliance with specifications plaintiff supplied does not preclude finding that defendant breached implied warranty of merchantability where the implied warranty a…
13. GARLOCK SEALING TECHNOLOGIES v.NAK SEALING TECHNOLOGIES CORP., Part V
    Apr 3, 2007
    Trial court's finding of fact and conclusion of law that defendant manufactured allegedly defective products in compliance with specifications plaintiff supplied does not preclude finding that defendant breached implied warranty of merchantability where the implied warranty a…
14. MACHADO v. SUPERIOR COURT OF SAN JOAQUIN COUNTY
    Apr 3, 2007
    Petitioner Joe Machado challenges an order disqualifying his counsel, Ed Freidberg in a pending action. The motion was filed by a nonparty, Michael Atherton, Freidbergs former client and business partner. Court find Atherton had standing to make the motion and a disqualification …
15. SHEPARD v. EDWARD MACKAY ENTERPRISES, INC.,
    Apr 3, 2007
    Federal Arbitration Act, which makes valid and enforceable any arbitration provision in a contract "evidencing a transaction involving commerce," preempts California law allowing a purchaser of real property to bring an action in court for construction and design defects,…
16. CARTER v. ESCONDIDO UNION HIGH SCHOOL DISTRICT
    Apr 3, 2007
    School district's decision to terminate teacher allegedly because he informed the athletic director at another interdistrict school that the school's football coach had recommended a weight increasing nutritional supplement to a student was not explicitly prohibited by la…
17. PEOPLE v. BROWN
    Apr 3, 2007
    Trial court did not violate double punishment prohibition contained in Penal Code Sec. 654 by imposing sentences on convictions for attempted robbery, assault with a deadly weapon, and attempted murder arising out of a single event where evidence showed defendant's commission…
18. PEOPLE v. BURCH
    Apr 3, 2007
    Bifurcation of prior conviction allegations was not required once evidence of the convictions was introduced to impeach defendant's testimony. In prosecution for possession of fictitious bills, where prosecution presented direct evidence that defendant possessed bills and tha…
19. COUNTY OF SAN BERNARDINO v. CALDERON
    Apr 3, 2007
    In this case, the County of San Bernardino (hereafter the County) provided medical care to Martin Zavala Calderon after he was injured in a car accident in which the other driver was at fault. The parties concur that the hospital has a valid lien for the reasonable value of its s…
20. PEOPLE v. JENAN Part I
    Apr 3, 2007
    Reversal of self represented defendant's judgment was compelled where judge at preliminary hearing twice expressed doubt about defendant's mental competence, warning of a mental competence hearing, but failed to appoint counsel to represent him on that issue at that time.