CA Pub. Decisions

1. PEOPLE v. GILES Part II
   Apr 2, 2007
   Where murder defendant admitted killing victim, he forfeited his right to object on Confrontation Clause grounds to the admission of prior hearsay statements victim made several weeks before the killing in which she had told police investigating a report of domestic violence that…
2. MORAN v. MURTAUGH MILLER MEYER
   Apr 2, 2007
   In assessing whether a vexatious litigant has a reasonable probability of success on his claim for the purpose of determining whether he must post security, trial court may weigh the evidence presented on the security motion and is not required to assume the truth of plaintiff&#3…
3. IN RE JESUS O.
   Apr 2, 2007
   When someone, intending to steal from a victim, causes property to become separated from victim's person by provoking victim to flee resulting in victim dropping property while running away and then gains possession of the property, the theft is "from the person of anothe…
4. P. v. Munoz
   Mar 27, 2007
   Isidro Delarosa Munoz was convicted of eight sex crimes committed during attacks on three victims on three different days. (Pen. Code, 209, subd. (b)(1), 261, subd. (a)(2), 288a, subd. (c)(2), 286, subd. (c)(2).)[1] He was sentenced to state prison for a term of 133 years to life…
5. ROSS v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
   Mar 20, 2007
   A modification decision.
6. PEOPLE v. ANTHONY PRICE
   Mar 20, 2007
   Violations of statutory requirements that petition for extension of commitment of sexually violent predator be filed at least 90 days and that trial commence at least 30 days prior to expiration of previous commitment were prejudicial where defense counsel could not have properly…
7. PEOPLE v. BROWN
   Mar 20, 2007
   Defendant is not entitled to specific performance of a plea agreement limiting the amount of victim restitution to victim s out of pocket expenses of $280. Where court ordered defendant to pay over $34,000 in victim restitution for amounts paid by the state to the hospital that t…
8. BONO v. DAVID
   Mar 20, 2007
   Where one party to a memorandum of understanding brought a motion to compel mediation and arbitration of the other party's defamation action pursuant to an arbitration provision in the agreement that required mediation and arbitration of "[a]ny controversy among the parti…
9. BONANDER v. TOWN OF TIBURON Part I
   Mar 20, 2007
   Lawsuit challenging a special assessment levied under the Municipal Improvement Act of 1913 for failure to comply with Proposition 218 which requires that certain types of assessments be treated as taxes subject to a public vote is subject to special procedural rules applicable t…
10. BONANDER v. TOWN OF TIBURON Part II
    Mar 20, 2007
    Lawsuit challenging a special assessment levied under the Municipal Improvement Act of 1913 for failure to comply with Proposition 218 which requires that certain types of assessments be treated as taxes subject to a public vote is subject to special procedural rules applicable t…
11. CIRCLE STAR CENTER ASSOCIATES v. LIBERATE TECHNOLOGIES
    Mar 20, 2007
    Where lease allowed prevailing party to recover attorney fees in any dispute between the parties, landlord prevailed before bankruptcy judge on motion to dismiss tenant's Chapter 11 petition on ground that it was filed in a bad faith effort to avoid paying rent despite tenant…
12. PEOPLE v. ZAPISEK
    Mar 20, 2007
    To extend commitment of defendant found not guilty by reason of insanity beyond maximum prison confinement time, trial court was required to find that defendant had a serious difficulty controlling his potentially dangerous behavior. Trial court finding that defendant had a serio…
13. GILLAN v.CITY OF SAN MARINO Part I
    Mar 20, 2007
    Accusations of sexual molestation by former high school athlete against coach did not establish probable cause for arrest where some of accuser's statements were generalized and not specific as to time, date, or other details; other accusations concerning more specific events…
14. GILLAN v.CITY OF SAN MARINO Part II
    Mar 20, 2007
    Accusations of sexual molestation by former high school athlete against coach did not establish probable cause for arrest where some of accuser's statements were generalized and not specific as to time, date, or other details; other accusations concerning more specific events…
15. TARA v. CITY OF WEST HOLLYWOOD Part I
    Mar 20, 2007
    City failed to comply with statutory requirement that it prepare an EIR for any project that it "proposes to carry out or approve that may have a significant effect on the environment" where it obtained federal financing for project but deferred environmental review until…
16. TARA v.CITY OF WEST HOLLYWOOD Part II
    Mar 20, 2007
    City failed to comply with statutory requirement that it prepare an EIR for any project that it "proposes to carry out or approve that may have a significant effect on the environment" where it obtained federal financing for project but deferred environmental review until…
17. STARDUST MOBILE ESTATES v. CITY OF SANBUENAVENTURA
    Mar 20, 2007
    Rent control guidelines, under which it was presumed that "net operating income "gross income minus operating expenses--in base year provided landlord with a just and reasonable return above the required minimum absent clear and convincing evidence to the contrary, but la…
18. PEOPLE v. LEXINGTON NATIONAL INSURANCE COMPANY
    Mar 20, 2007
    Where defendant, who had been previously released on bond, appeared for arraignment, then left the courtroom despite being ordered not to do so after prosecution announced intent to seek remand, defendant was not "in custody" so trial court properly ordered bail forfeitur…
19. PEOPLE v. HUTCHINS
    Mar 20, 2007
    Party opposing a peremptory challenge need only prove by preponderance of the evidence that the explanation for the challenge is a pretext for discrimination. Trial court's "sincere and reasoned" evaluation of a challenge did not render erroneous application of clear …
20. PEOPLE v. SANTOS
    Mar 20, 2007
    Following entry of jury's verdict, court's decision to allow jury to leave through a nonpublic exit pursuant to its request to leave courtroom without speaking to anyone did not violate defendant's due process right to be present at a critical stage of the proceedings…