California Supreme Court and Court of Appeal published (citable) opinions.
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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 …
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DUALE v. MERCEDES-BENZUSA, LLC
Apr 4, 2007
A modification decision.
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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…
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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…
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PEOPLE v. SCOTT
Apr 3, 2007
A modification decision.
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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.
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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 …
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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 …
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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,…
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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…
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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…
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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"…
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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"…
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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 …
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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 "…
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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…
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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…
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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…
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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.
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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…