CA Pub. Decisions

1. In re Marriage of FLORA LINDA Part II
   Oct 9, 2006
   Where husband's attorney misrepresented himself as representing wife, thus procuring judgment favorable to husband in an ostensibly uncontested proceeding, trial court's inherent power to protect itself from fraud permitted it to vacate judgment without regard to statutor…
2. In re Marriage of FLORA LINDA Part I
   Oct 9, 2006
   Where husband's attorney misrepresented himself as representing wife, thus procuring judgment favorable to husband in an ostensibly uncontested proceeding, trial court's inherent power to protect itself from fraud permitted it to vacate judgment without regard to statutor…
3. BAPTIST v. ROBINSON Part II
   Oct 9, 2006
   Winery employee, who borrowed storage bin without permission to transport grapes for his own personal stock of wine, was acting outside scope of employment while en route to purchase harvested grapes for himself during off-work hours--an errand of which the winery was unaware--so…
4. BAPTIST v. ROBINSON Part I
   Oct 9, 2006
   Winery employee, who borrowed storage bin without permission to transport grapes for his own personal stock of wine, was acting outside scope of employment while en route to purchase harvested grapes for himself during off-work hours--an errand of which the winery was unaware--so…
5. In re DONALD SCHMIDT Part II
   Oct 9, 2006
   California Youth Authority is not authorized to release on parole a person committed under Welfare and Institutions Code Sec. 1800, authorizing extended commitment of person who has reached the age of 25 and is considered dangerous to society, but may grant such person conditiona…
6. In re DONALD SCHMIDT Part I
   Oct 9, 2006
   California Youth Authority is not authorized to release on parole a person committed under Welfare and Institutions Code Sec. 1800, authorizing extended commitment of person who has reached the age of 25 and is considered dangerous to society, but may grant such person conditiona…
7. In re ISIDRO CALDERON HERNANDEZ Part II
   Oct 9, 2006
   Defendant's statements to physicians, one who was appointed by court to evaluate his competency and the other who was employed by the state and evaluated defendant while he was confined to state hospital pending restoration of competency, were inadmissible at sanity phase of …
8. KAATZ v. CITY OF SEASIDE Part III
   Oct 9, 2006
   Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
9. KAATZ v. CITY OF SEASIDE Part II
   Oct 9, 2006
   Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
10. KAATZ v. CITY OF SEASIDE Part I
    Oct 9, 2006
    Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
11. PEOPLE v. MELVIN SIMMONS, JR Part I
    Oct 9, 2006
    Court erred in shackling defendant during trial where its restraint determination was not individualized, adequately supported, or made on the record. Erroneous shackling was prejudicial even though the court admonished the jury to disregard the restraints, and there was no evide…
12. GAMBLE v. WORKERS' COMPENSATION APPEALS BOARD, GALLAGHER BASSETT SERVIC Part II
    Oct 9, 2006
    Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with another employer.
13. In re ISIDRO CALDERON HERNANDEZ Part I
    Oct 9, 2006
    Defendant's statements to physicians, one who was appointed by court to evaluate his competency and the other who was employed by the state and evaluated defendant while he was confined to state hospital pending restoration of competency, were inadmissible at sanity phase of …
14. GAMBLE v. WORKERS' COMPENSATION APPEALS BOARD, GALLAGHER BASSETT SERVICES Part I
    Oct 9, 2006
    Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with a different employer.
15. BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part I
    Oct 9, 2006
    Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property &#3…
16. BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part II
    Oct 9, 2006
    Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property &#3…
17. BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part III
    Oct 9, 2006
    Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property &#3…
18. CORONA FRUITS & VEGGIES, INC v. FROZSUN FOODS, INC.
    Oct 6, 2006
    Creditor failed to perfect a security interest in goods where its UCC-1 financing statement erroneously listed debtor's last name; since UCC-1 financing statements are indexed by last names, subsequent creditor who loaned money to the same debtor was not on notice of the prio…
19. ZAVALA v. SCOTT BROTHERS DAIRY, INC.,
    Oct 6, 2006
    Employees' claims that employer failed to provide employees with statutory rest breaks and properly itemized wage-statements in violation of Labor Code and Industrial Welfare Commission wage orders did not arise under collective bargaining agreement, and thus employees were n…
20. FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS v. NEXTEL COMMUNICATIONS, INC.
    Oct 6, 2006
    Trial court abused its discretion when it granted defendant's motion for judgment on the pleadings and denied plaintiff organization leave to amend so it could add an individual plaintiff to meet Proposition 64's modified standing requirements under the Unfair Competition…