Fear Not Law Unpublished Published

CA Pub. Decisions

California Supreme Court and Court of Appeal published (citable) opinions.
2,656 opinions · page 84 of 100 · 20 per page
  1. MARKOWITZ v. FIDELITY NATIONAL TITLE COMPANY PART-I
    Feb 27, 2007
    trustee with respect to reconveyance of a deed of trust after secured obligation is satisfied, imposes no obligations on escrow holder to record trustee's deed of reconveyance. Where individual sued escrow holder for failing to record a request for reconveyance of a deed of t…
  2. EDWARDS II v. ANDERSEN LLP PART-II
    Feb 27, 2007
    Noncompetition agreements between employees and employers that bar employee from performing services for former clients are invalid if not within statutory or trade secrets exceptions to Business and Professions Code Sec. 11660, which bars such agreements, even if restraints impo…
  3. EDWARDS II v. ANDERSEN LLP PART-I
    Feb 27, 2007
    Noncompetition agreements between employees and employers that bar employee from performing services for former clients are invalid if not within statutory or trade secrets exceptions to Business and Professions Code Sec. 11660, which bars such agreements, even if restraints impo…
  4. CITY OF BURBANK v. MUELLER CO. Part II
    Feb 27, 2007
    Where qui tam plaintiff in action under False Claims Act sought to name 130 new governmental entities in complaint, trial court abused its discretion in conditioning plaintiff's leave to amend upon each of the newly named governmental entities responding to defendants' de…
  5. CITY OF BURBANK v. MUELLER CO. Part I
    Feb 26, 2007
    Where qui tam plaintiff in action under False Claims Act sought to name 130 new governmental entities in complaint, trial court abused its discretion in conditioning plaintiff's leave to amend upon each of the newly-named governmental entities responding to defendants' de…
  6. BRODIE v. WORKERS' COMPENSATION APPEALS BOARD
    Feb 26, 2007
    When calculating a permanent disability award under workers' compensation law for an employee with a preexisting permanent disability, court should not apply a credit for or subtract amount of a previous permanent disability award but rather account for prior permanent disabi…
  7. PETROPOULOS v. DEPARTMENT OF REAL ESTATE
    Feb 26, 2007
    Real Estate Commissioner improperly revoked broker's license pursuant to Business and Professions Code Sec. 490, which authorizes revocation where professional licensee is convicted of a crime "substantially related to the qualifications, functions, or duties" of prof…
  8. JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -II
    Feb 26, 2007
    Trial court correctly found that Department of Forestry & Fire Protection abused its discretion by approving a timber harvest plan where plan's cumulative impact analysis with regard to the issue of fog drip lacked any facts, statistics, reports, or studies supporting content…
  9. JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -I
    Feb 26, 2007
    Trial court correctly found that Department of Forestry & Fire Protection abused its discretion by approving a timber harvest plan where plan's cumulative impact analysis with regard to the issue of fog drip lacked any facts, statistics, reports, or studies supporting content…
  10. AILANTO PROPERTIES, INC v. CITY OF HALF MOON BAY PART-II
    Feb 26, 2007
    Government Code Sec. 66452.6 (b)(1) under Subdivision Map Act limits any moratorium-related tolling of a tentative map's expiration to five years. Where developer's project was subject to multiple moratoria by city, expiration of developer's vesting tentative map was …
  11. AILANTO PROPERTIES, INC v. CITY OF HALF MOON BAY PART-I
    Feb 26, 2007
    Government Code Sec. 66452.6 (b)(1) under Subdivision Map Act limits any moratorium-related tolling of a tentative map's expiration to five years. Where developer's project was subject to multiple moratoria by city, expiration of developer's vesting tentative map was …
  12. SAVIENT PHARMACEUTICALS, INC v. DEPARTMENT OF HEALTH SERVICES
    Feb 24, 2007
    Department of Health Services is statutorily authorized to contract with private entity to administer AIDS drug program, and operation of program by such entity does not violate state constitution's civil service provisions since such operation is not a traditional function o…
  13. SAVIENT PHARMACEUTICALS, INC.v. DEPARTMENT OF HEALTH SERVICES
    Feb 24, 2007
    A modification decision.
  14. PEOPLE v. PHILLIPS
    Feb 24, 2007
    In denying motion for mistrial based on alleged racial bias in exercise of peremptory challenges, it was proper for the trial court to require explanations for only two of the three prospective jurors who were the subject of the motion, where court did not find that there was a p…
  15. CITIZENS v. MCCLOUD COMMUNITY SERVICES DISTRICT
    Feb 24, 2007
    Public Resources Code Sec. 21177(b), which requires that a citizen objecting to a project under CEQA do so during public comment period or prior to the close of public hearing to retain standing to challenge the project in court, did not bar action where local agency did not hold…
  16. TOWNS v. DAVIDSON
    Feb 24, 2007
    Under primary assumption of risk doctrine, skier assumes risk of injury resulting from collision with another skier, including an employee of ski resort, even if employee is violating company policies by skiing unsafely. Employee of ski resort did not act recklessly and thus did …
  17. Pacific Bell Directory v. Law Offices of Joseph Carcione
    Feb 24, 2007
    Because appellant's notice of appeal was untimely, the appeal must be dismissed. (See Cal. Rules of Court, rule 8.104(b); Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 56 ["The time for appealing a judgment is juri…
  18. TAMBURINA v. COMBINED INSURANCE COMPANY OF AMERICA
    Feb 22, 2007
    Dismissal for failure to bring action to trial within five years was error under impracticability exception to statute where parties stipulated to multiple continuances due to illnesses of plaintiff and counsel, such continuances had a causal connection to the lack of trial withi…
  19. OVERAA CONSTRUCTION v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS PART I
    Feb 22, 2007
    Division of Occupational Safety and Health is not required to prove lack of reasonable diligence by citee as an essential element of its prima facie case to establish a general violation of the California Occupational Safety and Health Act or regulations adopted under that act. C…
  20. OVERAA CONSTRUCTION v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS PART II
    Feb 22, 2007
    Division of Occupational Safety and Health is not required to prove lack of reasonable diligence by citee as an essential element of its prima facie case to establish a general violation of the California Occupational Safety and Health Act or regulations adopted under that act. C…
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