California Supreme Court and Court of Appeal published (citable) opinions.
-
BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART IV
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…
-
BOSTICK v. FLEX EQUIPMENT COMPANY, INC., PART V
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…
-
STONE v. CENTER TRUST RETAIL PROPERTIES, INC
Feb 22, 2007
Where landlord has obtained judgment for, but has not taken, possession of premises, it owes tenant's guests a duty to inspect for defects at reasonable intervals. Where jury was not instructed as to when landlord's duty to inspect arose or what the required nature of ins…
-
ACS SYSTEMS, INC., v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Feb 22, 2007
Lliability insurer providing coverage for "advertising injury" and "property damage" is not required to defend its insured in an action charging the insured with sending unsolicited advertisements to fax machines in violation of the federal Telephone Consumer Prot…
-
SAID v. JEGAN
Feb 22, 2007
Plaintiff presented sufficient evidence to show he might qualify as presumed father of ex wife's son under Family Code Sec. 7630(b) where he was named as father on child's birth certificate, acknowledged his paternity and received child into his home; child stated in decl…
-
COURTNEY KNAPP v. PALISADESCHARTERHIGH SCHOOL
Feb 22, 2007
A modification decision.
-
COURTNEY KNAPP v. PALISADESCHARTERHIGH SCHOOL
Feb 22, 2007
A modification decision.
-
PEOPLE v. PERDOMO
Feb 22, 2007
Admission of self incriminating statements that defendant made to police officers during an interrogation while he was in intensive care unit of hospital recovering from surgery and on pain medications did not violate his right to fair trial -- on basis that statements were made …
-
PEOPLE v. COLEMAN
Feb 22, 2007
Insufficient evidence supported defendant's conviction for carjacking where victim was not within any physical proximity to the stolen car, the keys she relinquished at gunpoint were not hers but her employer's left in her office of employment, and there was no evidence t…
-
Mc MULLEN v. HAYCOCK
Feb 22, 2007
Where assets are rolled over from a retirement plan that is fully exempt from claims of creditors under Code of Civil Procedure Sec. 704.115 into an IRA, the full exemption -- rather than the limited exemption for IRA's under Sec.704.115 (e) applies.
-
WEISS v. WASHINGTON MUTUAL BANK
Feb 22, 2007
Lawsuit challenging federal savings and loan association's prepayment penalty formula is preempted by Home Owners' Loan Act and regulations promulgated by Office of Thrift Supervision.
-
CALIFORNIA COMMERCE CASINO, INC., v. SCHWARZENEGGER PART I
Feb 22, 2007
Statute purporting to grant California Supreme Court jurisdiction over appeals from judgments in superior court actions challenging Indian gaming compacts violated constitutional provision granting court of appeal jurisdiction over appeals from superior courts other than as speci…
-
CALIFORNIA COMMERCE CASINO, INC., v. SCHWARZENEGGER PART II
Feb 22, 2007
Statute purporting to grant California Supreme Court jurisdiction over appeals from judgments in superior court actions challenging Indian gaming compacts violated constitutional provision granting court of appeal jurisdiction over appeals from superior courts other than as speci…
-
CASTILLO v. BARRERA
Feb 22, 2007
In action for breach of oral contract and quantum meruit based on services allegedly rendered to defendant, a professional boxer, plaintiff's allegations that he rendered those services in the capacity of a manager constituted a binding judicial admission fatal to the claims …
-
PEOPLE ex rel. DEPARTMENT OF CORPORATIONS v. SPEEDEE OIL CHANGE SYSTEMS, INC.,
Feb 22, 2007
Court of appeal ruling reversing trial court's award of fees to defendant as to contract claims was not a final judgment within the meaning of the attorney fee clause in franchise agreement, which provided that "the party in whose favor final judgment shall be entered sha…
-
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO PART I
Feb 22, 2007
Statutory procedure for disqualification of judges for cause does not apply to final judgments; trial judge's failure to answer or strike defendants' statement of disqualification, which was filed and served after final judgment, did not constitute consent to retroactive …
-
NORTH BEVERLY PARK HOMEOWNERS ASSOCIATION v. BISNO PART II
Feb 22, 2007
Statutory procedure for disqualification of judges for cause does not apply to final judgments; trial judge's failure to answer or strike defendants' statement of disqualification, which was filed and served after final judgment, did not constitute consent to retroactive …
-
PEOPLE v. PEDROZA
Feb 22, 2007
Victim's comments to officers accusing her husband of having thrown gas on her and ignited it, given within minutes of incident, were admissible under spontaneous statements exception to hearsay rule. Admission of victim's spontaneous statements did not violate Confrontat…
-
In re HUDIE JOYCE WALKER PART I
Feb 22, 2007
Prior Court of Appeal ruling that defense counsel made a reasonable tactical decision by foregoing defense of "battered woman syndrome" -- now known as "intimate partner battering" -- in favor of claim that defendant, accused of murder of her partner, shot him acc…
-
In re HUDIE JOYCE WALKER PART II
Feb 22, 2007
Prior Court of Appeal ruling that defense counsel made a reasonable tactical decision by foregoing defense of "battered woman syndrome" -- now known as "intimate partner battering" -- in favor of claim that defendant, accused of murder of her partner, shot him acc…