California Supreme Court and Court of Appeal published (citable) opinions.
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In re MARK COLLIN SODERSTEN PART I
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART II
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART III
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART IV
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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In re MARK COLLIN SODERSTEN PART V
Feb 22, 2007
Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one wit…
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SOFRANEK v. MERCED COUNTY
Feb 22, 2007
Where plaintiff brought two tort claims regarding same subject matter, and first was legally adequate, and second, while adding additional details, was legally unnecessary and did not entitle plaintiff to claim any relief that would have been beyond the scope of first claim, the …
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PEOPLE v. LOPEZ
Feb 22, 2007
Where trier of fact in Sexually Violent Predators Act commitment proceeding found that defendant had suffered the requisite qualifying prior convictions, defendant was collaterally estopped from relitigating the issue during later recommitment proceedings.
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SHISLER v. SANFER SPORTS CARS , INC.,
Feb 22, 2007
California courts lacked personal jurisdiction over foreign corporation in business of selling motor vehicles whose only alleged contacts with the state were that it advertised on the Internet, had sold a minimal number of motor vehicles to state residents in the past, and sold a…
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PEOPLE v. BUFFORD
Feb 22, 2007
A modification decision.
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ROSS, v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Feb 22, 2007
Public entity is immune from liability for common law wrongful discharge in violation of public policy.
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PATRICIA SAMPLES v. BROWN
Feb 22, 2007
A modification decision.
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WOMACK v. SAN FRANCISCO COMMUNITY COLLEGE DISTRICT
Feb 22, 2007
In determining whether "temporary" teacher had worked sufficient fraction of a "full time" assignment to acquire "contract" status, trial court properly considered individual district's definition of "full-time." Trial court properly applied do…
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HAHN v. MIRDA
Feb 22, 2007
Husband had viable independent cause of action for loss of consortium based on his wife's negligence and fraudulent concealment causes of action against her former physicians where wife, in negligence cause of action, alleged defendants were her physicians who "negligentl…
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EUREKA CITIZENS FOR RESPONSIBLE GOVERNMENT v. CITY OF EUREKA PART I
Feb 22, 2007
Fact that initial draft of EIR was prepared by counsel for applicants did not render it "biased and legally inadequate" where it was reviewed and modified by agency staff, closely scrutinized by independent consultants, and adopted in final form as reflecting the judgment…
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EUREKA CITIZENS FOR RESPONSIBLE GOVERNMENT v. CITY OF EUREKA PART II
Feb 22, 2007
Fact that initial draft of EIR was prepared by counsel for applicants did not render it "biased and legally inadequate" where it was reviewed and modified by agency staff, closely scrutinized by independent consultants, and adopted in final form as reflecting the judgment…
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UPHOLD OUR HERITAGE v. TOWN OF WOODSIDE
Feb 22, 2007
Grant of demolition permit for historic structure so that owner could construct smaller residence on site violated California Environmental Quality Act where agency failed to support its finding that rehabilitation of the structure was economically infeasible with evidence that a…
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STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD and JOS
Feb 22, 2007
Current schedule for rating permanent disabilities, which took effect Jan. 1, 2005, must be applied to an injury occurring prior to that date where physician's conclusion that "permanent disability is within reasonable medical probability emanating from this injury" w…
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BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART I
Feb 22, 2007
A defendant in a strict products liability action is jointly and severally liable to the plaintiff for noneconomic damages where the action involves a single product and all defendants are in the chain of distribution. Where jury trying plaintiff's complaint apportioned fault…
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BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART II
Feb 22, 2007
A defendant in a strict products liability action is jointly and severally liable to the plaintiff for noneconomic damages where the action involves a single product and all defendants are in the chain of distribution. Where jury trying plaintiff's complaint apportioned fault…
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BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART III
Feb 22, 2007
A defendant in a strict products liability action is jointly and severally liable to the plaintiff for noneconomic damages where the action involves a single product and all defendants are in the chain of distribution. Where jury trying plaintiff's complaint apportioned fault…