CA Pub. Decisions

1. PEOPLE v. ZACKERY
   Feb 22, 2007
   Where court clerk's minutes of plea change, minutes of sentencing, and abstract of judgment did not reflect what occurred in proceedings and included items never orally imposed by trial judge in defendant's presence, minutes must be stricken to reflect what actually occur…
2. VERGOS v. McNEAL PART I
   Feb 22, 2007
   Under anti SLAPP statute, statements and conduct by public employee in denying plaintiff's administrative grievances are protected against civil rights action attacking her hearing, processing and decision of his claim where plaintiff presented no evidence that employee viola…
3. VERGOS v. McNEAL PART II
   Feb 22, 2007
   Under anti SLAPP statute, statements and conduct by public employee in denying plaintiff's administrative grievances are protected against civil rights action attacking her hearing, processing and decision of his claim where plaintiff presented no evidence that employee viola…
4. DUALE v. MERCEDES-BENZUSA, LLC
   Feb 22, 2007
   Where jury award to lemon law plaintiffs was less than amount of defendant's offer to compromise under Code of Civil Procedure Sec. 998, trial court erred in awarding plaintiffs their preoffer attorney fees and costs.
5. JONES v. CATHOLIC HEALTHCARE WEST
   Feb 22, 2007
   Code of Civil Procedure Sec. 364, which extends the one year period in which to sue a health care provider by 90 days where the plaintiff has given timely notice of intent to sue, permits the notice of intent to be served by fax. Code provisions limiting fax service of certain do…
6. MILLER v. UNION PACIFIC RAILROAD COMPANY
   Feb 22, 2007
   Availability of expert witness fees in a Federal Employers' Liability Act action filed in state court is controlled by federal law, which does not authorize an award of expert witness fees to a prevailing plaintiff in a FELA action. Trial court did not abuse its discretion in…
7. PEOPLE v. FREEMAN PART I
   Feb 22, 2007
   Where trial judge recused himself based on his friendship with a judicial colleague whom defendant was rumored to be stalking, but disqualified judge was reassigned to the case over defense objection after prosecution notified the court that it had found no evidence to substantia…
8. PEOPLE v. FREEMAN PART II
   Feb 22, 2007
   Where trial judge recused himself based on his friendship with a judicial colleague whom defendant was rumored to be stalking, but disqualified judge was reassigned to the case over defense objection after prosecution notified the court that it had found no evidence to substantia…
9. PEOPLE v. FREEMAN PART III
   Feb 22, 2007
   Where trial judge recused himself based on his friendship with a judicial colleague whom defendant was rumored to be stalking, but disqualified judge was reassigned to the case over defense objection after prosecution notified the court that it had found no evidence to substantia…
10. AMBRIZ v. KELEGIAN PART I
    Feb 22, 2007
    Where, in premises liability action underlying her legal malpractice suit, plaintiff who had been raped in apartment complex by an intruder presented evidence that male intruders had made repeated unauthorized entries to the premises and that there was no evidence of forced entry…
11. AMBRIZ v. KELEGIAN PART II
    Feb 22, 2007
    Where, in premises liability action underlying her legal malpractice suit, plaintiff who had been raped in apartment complex by an intruder presented evidence that male intruders had made repeated unauthorized entries to the premises and that there was no evidence of forced entry…
12. AMBRIZ v. KELEGIAN
    Feb 22, 2007
    A modification decision.
13. JONES v. LODGE AT TORREY PINES PARTNERSHIP PART I
    Feb 22, 2007
    Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
14. JONES v. LODGE AT TORREY PINES PARTNERSHIP PARTII
    Feb 22, 2007
    Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
15. JONES v. LODGE AT TORREY PINES PARTNERS. PART III
    Feb 22, 2007
    Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had be…
16. JONES v. LODGE AT TORREY PINES PARTNERSHIP
    Feb 22, 2007
    A modification decision.
17. PEOPLE v. GOODWILLIE Part I
    Feb 22, 2007
    Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
18. PEOPLE v. GOODWILLIE Part II
    Feb 22, 2007
    Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
19. PEOPLE v. GOODWILLIE Part III
    Feb 22, 2007
    Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by o…
20. PEOPLE v. STANLEY RAYMOND FLORES PART I
    Feb 22, 2007
    Defendant was denied his federal constitutional right to a jury verdict of guilty beyond a reasonable doubt where trial judge failed to instruct jury that the prosecution had the burden to prove each element of a charged offense beyond a reasonable doubt, even though judge had in…