CA Pub. Decisions

1. GRAYSON v. PACIFIC BELL TELEPHONE CO. PART - I
   Feb 27, 2007
   Trial court lacked jurisdiction to hear qui tam relator's claim that telecommunications companies failed to report and deliver to state remaining balances on prepaid phone cards as required by the Unclaimed Property Law where allegations were already in the public domain and …
2. PEOPLE v. HILL
   Feb 27, 2007
   Gang enhancement found in Penal Code Sec. 186.22(b) does not require that defendant's intent to enable or promote criminal endeavors by gang members must relate to criminal activity apart from the offense defendant commits.
3. PEOPLE v. PALMER PART-II
   Feb 27, 2007
   Defendant's sentence for California DUI conviction was properly enhanced by previous Nevada DUI convictions even though defendant did not have a right to a jury trial in the Nevada proceedings.
4. PEOPLE v. PALMER PART-I
   Feb 27, 2007
   Defendant's sentence for California DUI conviction was properly enhanced by previous Nevada DUI convictions even though defendant did not have a right to a jury trial in the Nevada proceedings.
5. PEOPLE v. UNION PACIFIC RAILROAD COMPANY
   Feb 27, 2007
   A modification decision.
6. PEOPLE v. NELSON PART-III
   Feb 27, 2007
   Where 26-year delay in prosecuting defendant for murder was not the result of negligence and not for the purpose of gaining an advantage over defendant but was caused solely due to the limits of forensic technology at the time of the initial investigation, which resulted in insuf…
7. PEOPLE v. NELSON PART-II
   Feb 27, 2007
   Where 26-year delay in prosecuting defendant for murder was not the result of negligence and not for the purpose of gaining an advantage over defendant but was caused solely due to the limits of forensic technology at the time of the initial investigation, which resulted in insuf…
8. PEOPLE v. NELSON PART-I
   Feb 27, 2007
   Where 26-year delay in prosecuting defendant for murder was not the result of negligence and not for the purpose of gaining an advantage over defendant but was caused solely due to the limits of forensic technology at the time of the initial investigation, which resulted in insuf…
9. FARM RAISED SALMON CASES
   Feb 27, 2007
   21 USC Sec. 337(a) which states that an action to enforce the Federal Food, Drug, and Cosmetic Act must be by and in the name of the United States precludes private enforcement of the FDCA and impliedly preempts all of private plaintiffs' causes of action against store owners…
10. HIGHTOWER v. BISHOP OF SACRAMENTO
    Feb 27, 2007
    Trial court properly sustained defendant's demurrers to plaintiff's allegations of sexual abuse on ground that statute of limitations had expired where alleged sexual abuse occurred from 1970 to 1972, making his claims time barred as of 1977; and following Code of Civil P…
11. ARMENTA v. MUELLER CO.
    Feb 27, 2007
    A modification decision.
12. BIG CREEK LUMBER CO. v. COUNTY OF SANTA CRUZ
    Feb 27, 2007
    A modification decision.
13. PEOPLE v. GALINDO
    Feb 27, 2007
    In issuing order to extend convicted felon's commitment for bipolar disorder pursuant to Penal Code Sec. 1026.5(b)(1), trial court committed prejudicial error by failing to consider whether defendant had serious difficulty in controlling his dangerous behavior, instead findin…
14. LIGHTING v. SOUTHERN CALIFORNIA EDISON COMPANY
    Feb 27, 2007
    Superior court lacked jurisdiction to hear business's challenge to electric utility's decision that business did not qualify for 10 percent rate reduction available to qualifying small commercial customers. Public Utilities Commission had exclusive jurisdiction.
15. MARKOWITZ v. FIDELITY NATIONAL TITLE COMPANY PART-II
    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…
16. 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…
17. 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…
18. 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…
19. 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…
20. 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…