CA Pub. Decisions

1. 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 …
2. 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…
3. 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.
4. 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.
5. 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…
6. 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…
7. 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 …
8. 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…
9. 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 …
10. 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 …
11. 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…
12. 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…
13. 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…
14. PEOPLE v. MCEWAN
    Feb 22, 2007
    Trial court had no jurisdiction to consider appeal by defendant who pled no contest where no certificate of probable cause was obtained, notice of appeal attacked validity of plea and did not state intent to appeal on any grounds not requiring a certificate of probable cause, and…
15. PUGLIESE v. SUPERIOR COURT OF LOSANGELES COUNTY
    Feb 22, 2007
    Domestic violence is continuing tort for which limitations period does not begin to run until last alleged act of violence.
16. RICARDO v. SUPERIORCOURTOFLOS ANGELES COUNTY
    Feb 22, 2007
    A dependency court referee's order is not automatically vacated when a party's request for rehearing before a judge is granted. Rather, pursuant to Welfare and Institutions Code Sec. 250, that order remains in force until a new order is made after rehearing of the origina…
17. SACRAMENTO POLICE OFFICERS ASSOCIATION v. CITY OF SACRAMENTO
    Feb 22, 2007
    City's proposal to hire retirees as temporary employees in response to an abrupt shortage in the staffing of the police force, which could not be remedied through the ordinary processes of recruitment and hiring, was a fundamental managerial policy decision designed to mainta…
18. HERNANDEZ v. CITY OF SACRAMENTO Part I
    Feb 22, 2007
    Charter city may not dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions; forfeiture for those reasons is a matter of statewide concern as to which state law includi…
19. HERNANDEZ v.CITY OF SACRAMENTO Part II
    Feb 22, 2007
    Charter city may not dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions; forfeiture for those reasons is a matter of statewide concern as to which state law includi…
20. P. v. MacManus
    Feb 20, 2007
    Appellant appeals from his conviction for stalking and making criminal threats against his estranged wife, Anne MacManus. (Pen. Code, SS 422 and 646.9, subd. (b).) The prosecution introduced evidence of prior incidents of domestic violence by MacManus to establish Anne was reason…