CA Pub. Decisions

1. ASFAW v. WOLDBERHAN Part I
   Mar 18, 2007
   In calculating child support, depreciation on rental properties is not deductible from annual gross income.
2. ASFAW v. WOLDBERHAN Part II
   Mar 18, 2007
   In calculating child support, depreciation on rental properties is not deductible from annual gross income.
3. PEOPLE v. GUEVARA
   Mar 18, 2007
   Where custodian of records did not produce the entire personnel file for the court's review in response to discovery request and record did not indicate that trial court actually reviewed the list submitted by city attorney in support of the custodian's decision to produc…
4. POIZNER v. FREMONT GENERAL CORPORATION PART I
   Mar 18, 2007
   Allegations by plaintiff, the liquidator of an insolvent insurer, that defendant, the parent company of the insolvent insurer and of another subsidiary, misappropriated net operating losses of the insolvent insurer in order to reduce its own tax liability without compensating ins…
5. POIZNER v. FREMONT GENERAL CORPORATION PART II
   Mar 18, 2007
   Allegations by plaintiff, the liquidator of an insolvent insurer, that defendant, the parent company of the insolvent insurer and of another subsidiary, misappropriated net operating losses of the insolvent insurer in order to reduce its own tax liability without compensating ins…
6. POIZNER v. FREMONT GENERAL CORPORATION PART III
   Mar 18, 2007
   Allegations by plaintiff, the liquidator of an insolvent insurer, that defendant, the parent company of the insolvent insurer and of another subsidiary, misappropriated net operating losses of the insolvent insurer in order to reduce its own tax liability without compensating ins…
7. DYER v. CHILDRESS
   Mar 18, 2007
   Where plaintiff brought a defamation suit against a former film school colleague and others involved in the production of a movie portraying a "rebellious slacker" with plaintiff's name and addressing issues facing "Generation X" individuals in the 1990s, tria…
8. PEOPLE v. ROBLES
   Mar 18, 2007
   A criminal defendant has a personal and fundamental right to admit a probation violation even if his attorney disagrees with the decision to do so.
9. AMALGAMATED TRANSIT UNION v. SUPERIORCOURTOFLOS ANGELESCOUNTY PART I
   Mar 18, 2007
   Under Labor Code Private Attorneys General Act and unfair competition law, an individual's statutory right to sue in a representative capacity may not be assigned to a third party. Sec. 17203 of the unfair competition law, as amended by Proposition 64, providing that represen…
10. AMALGAMATED TRANSIT UNION v. SUPERIORCOURTOFLOS ANGELESCOUNTY PART II
    Mar 18, 2007
    Under Labor Code Private Attorneys General Act and unfair competition law, an individual's statutory right to sue in a representative capacity may not be assigned to a third party. Sec. 17203 of the unfair competition law, as amended by Proposition 64, providing that represen…
11. HART v. DODGE PART I
    Mar 18, 2007
    Under Civil Code Sec. 2988.9 which provides that a defendant in a vehicle lease contract action is deemed to be the prevailing party for the purpose of an attorney's fee award if defendant "alleges in his or her answer that he or she tendered to the plaintiff the full amo…
12. PEOPLE v. VOGEL PART I
    Mar 18, 2007
    Where defendant was prosecuted on different charges in two different counties based on evidence obtained as a result of a single arrest, and court in first case ruled that probable cause existed for his arrest which ruling was affirmed on appeal he was barred by doctrine of colla…
13. PEOPLE v. VOGEL PART II
    Mar 18, 2007
    Where defendant was prosecuted on different charges in two different counties based on evidence obtained as a result of a single arrest, and court in first case ruled that probable cause existed for his arrest which ruling was affirmed on appeal he was barred by doctrine of colla…
14. STATE BOARD OF CHIROPRACTIC EXAMINERS v. SUPERIORCOURTOFSACRAMENTOCOUNTY PART I
    Mar 18, 2007
    Doctrine of collateral estoppel bars "whistleblower" action by state employee where there has been a final quasi judicial determination by the State Personnel Board that adverse actions against employee were not taken because he or she reported wrongdoing.
15. STATE BOARD OF CHIROPRACTIC EXAMINERS v. SUPERIORCOURTOFSACRAMENTOCOUNTY Part II
    Mar 18, 2007
    Doctrine of collateral estoppel bars "whistleblower" action by state employee where there has been a final quasi judicial determination by the State Personnel Board that adverse actions against employee were not taken because he or she reported wrongdoing.
16. PEOPLE v. MAYS Part II
    Mar 18, 2007
    Prosecution under Penal Code Sec. 186.10(a) for money laundering based on conducting a transaction within a seven day period "involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000)" with either the specific intent to promo…
17. STATE BOARD OF CHIROPRACTIC EXAMINERS v. SUPERIORCOURTOFSACRAMENTOCOUNTY PART II
    Mar 18, 2007
    Prosecution under Penal Code Sec. 186.10(a) for money laundering based on conducting a transaction within a seven day period "involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000)" with either the specific intent to promo…
18. COUNTY OF SAN JOAQUIN v. WORKERS COMPENSATION APPEALS BOARD and JAMES DAVIS,
    Mar 18, 2007
    Where claimant suffered industrial injury on first and only day of jury duty, WCAB correctly based disability benefits award against county on his usual pay, rather than his jury pay.
19. PEOPLE v. HERNANDEZ
    Mar 18, 2007
    Under Apprendi v. New Jersey (2000) 530 U.S. 466, Blakely v. Washington (2004) 542 U.S. 296, and Cunningham v. California (2007) 127 S.Ct. 856, a defendant is not entitled to have a jury determine the facts upon which the trial court relies to impose consecutive as opposed to con…
20. JET SOURCE CHARTER, INC.,v. DOHERTY Part I
    Mar 18, 2007
    Punitive damage award of $26 million was excessive where compensatory damages totaled $6.5 million, damages were largely in the way of restitution to single plaintiff for funds defendants improperly took from it, and harm defendants caused was solely economic and did not involve …