CA Pub. Decisions

1. PEOPLE v.WILMSHURST Part II
   Jan 30, 2007
   Inclusion in search warrant affidavit of information that defendant was required to keep as a condition of holding federal firearms license, and of information from an inspection he was required to submit to, did not violate his privilege against self-incrimination. Federal law d…
2. CONNERLY v. ARNOLD SCHWARZENEGGER Part I
   Jan 30, 2007
   Where statute was declared unconstitutional by appellate court in another case while suit challenging it was pending, and there was no evidence that state defendants intended to enforce it in violation of the appellate ruling, pending action no longer presented a justiciable case…
3. CONNERLY v. ARNOLD SCHWARZENEGGER Part II
   Jan 30, 2007
   Where statute was declared unconstitutional by appellate court in another case while suit challenging it was pending, and there was no evidence that state defendants intended to enforce it in violation of the appellate ruling, pending action no longer presented a justiciable case…
4. PEOPLE v. HERNANDEZ
   Jan 30, 2007
   Police had no reasonable grounds to stop defendant's vehicle for having no license plates when the temporary operating permit was lawfully placed, valid on its face, and seen by the police officer. Conviction for resisting arrest must be reversed where arrest resulted from an…
5. NICOLE v. SUPERIORCOURTOFSAN JOAQUINCOUNTY
   Jan 30, 2007
   Where juvenile court in dependency proceeding terminates reunification services and schedules a hearing to select a permanent plan for the child without providing notice to a tribe as required by Indian Child Welfare Act, court's orders must be vacated.
6. In re MARCUS PLAYER
   Jan 30, 2007
   In awarding work-time behavioral credits/points that affected inmate's classification score and impacted on his custody level and privileges within the prison system, Department of Corrections and Rehabilitation was required to award points for three six-month periods for whi…
7. In re MARCUS PLAYER Part II
   Jan 30, 2007
   In awarding work-time behavioral credits/points that affected inmate's classification score and impacted on his custody level and privileges within the prison system, Department of Corrections and Rehabilitation was required to award points for three six-month periods for whi…
8. Schatz v. Allen Matkins Leck Gamble & Mallory
   Jan 30, 2007
   Mandatory fee arbitration statute precludes an attorney from enforcing a pre-dispute agreement requiring a client to submit a fee dispute to binding arbitration.
9. BLACK HILLS INVESTMENTS, INC., v. ALBERTSON'S, INC.,
   Jan 30, 2007
   Contracts to sell unsubdivided parcels of real property were void for violating Subdivision Map Act where they were entered into before seller recorded a parcel map, and they expressly permitted seller to waive the condition that a parcel map be recorded prior to the closing date…
10. STATE OF CALIFORNIA v. UNDERWRITERS AT LLOYD'S LONDON
    Jan 30, 2007
    A modification decision.
11. PEOPLE v. COSTELLO Part I
    Jan 30, 2007
    Trial court did not abuse discretion by admitting as spontaneous declarations six sets of statements by victim to police officers--two concerning charged offenses and four concerning prior bad acts by defendant, which were admitted under Evidence Code Sec. 1109 to show a past pat…
12. PEOPLE v. COSTELLO Part II
    Jan 30, 2007
    Trial court did not abuse discretion by admitting as spontaneous declarations six sets of statements by victim to police officers--two concerning charged offenses and four concerning prior bad acts by defendant, which were admitted under Evidence Code Sec. 1109 to show a past pat…
13. PEOPLE v. SALINAS
    Jan 30, 2007
    Admission of testimony of supervising criminalist who reviewed the report of another laboratory employee, who did not testify, to establish that substance seized from defendant was methamphetamine did not violate Confrontation Clause since the laboratory report was not testimonia…
14. NEILSON v.CITY OF CALIFORNIACITY
    Jan 30, 2007
    Redevelopment Agency erroneously interpreted Community Redevelopment Law in determining that vacant rectangular lots in project area were of irregular form and shape, and therefore constituted a blighted area, because they lacked legal and physical access to a right-of-way.
15. OCHOA v. FORDEL , INC
    Jan 30, 2007
    Trial court correctly ruled that modified substantial relationship test, when met, shifts burden to the targeted attorney to prove that he or she was not exposed to material confidential information, as opposed to proving that he or she had no opportunity to acquire confidential …
16. PEOPLE v. EASTMAN
    Jan 30, 2007
    When defendant's attorney, at time set for sentencing, stated that defendant wanted to withdraw his plea, and defendant provided the court with a letter detailing alleged misconduct by the attorney, defendant made a clear and unequivocal request to discharge and replace his a…
17. D.H. WILLIAMS CONSTRUCTION, INC. v. CLOVIS UNIFIED SCHOOL DISTRICT
    Jan 30, 2007
    Bid on a public agency contract cannot be declared nonresponsive by the public agency on the ground that the bidder has listed an unlicensed subcontractor on the bid forms; nothing in statutes requires that subcontractors be licensed as of the time of the submission of the prime …
18. SPIELBAUER v. COUNTY OF SANTA CLARA Part I
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…
19. SPIELBAUER v. COUNTY OF SANTA CLARA Part II
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…
20. SPIELBAUER v. COUNTY OF SANTA CLARA Part III
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…