CA Pub. Decisions

1. PEOPLE v. BUFFORD
   Jan 30, 2007
   Where trial judge stated at sentencing that defendant was required to pay restitution to family of victim but did not set amount, court retained continuing jurisdiction to set that amount, even after defendant had otherwise completed sentence.
2. AUGUST ENTERTAINMENT, INC v. PHILADELPHIA INDEMNITY INSURANCE COMPANY
   Jan 30, 2007
   Directors and officers liability policy does not cover a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. Where payment of the underlying debt is not insured by the policy, failure to pay it is not …
3. MARK and KIMBERLY ZEMBSCH v. SUPERIOR COURT OF ALAMEDA COUNTY
   Jan 30, 2007
   A modification decision.
4. AUGUST ENTERTAINMENT, INC v. PHILADELPHIA INDEMNITY INSURANCE COMPANY PART II
   Jan 30, 2007
   Directors and officers liability policy does not cover a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. Where payment of the underlying debt is not insured by the policy, failure to pay it is not …
5. WAGNER v. COLUMBIA PICTURES INDUSTRIES, INC.,
   Jan 30, 2007
   Where writers of pilot script for television series, under collective bargaining agreement with producer, acquired absolute rights to exploit the script for motion picture purposes, and writers' heirs later sold those rights back to producer, those rights were not ancillary o…
6. LAURA RAPPAPORT-SCOTT v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
   Jan 30, 2007
   Rule that an insurer's failure to accept a reasonable settlement offer within policy limits can support tort liability for breach of the implied covenant of good faith and fair dealing, applicable to third party settlement offers, does not apply to insured's demand that i…
7. COURTNEY KNAPP v. PALISADESCHARTERHIGH SCHOOL
   Jan 30, 2007
   Student's sexual harassment and tort claims against incorporated charter high school did not need to satisfy Government Tort Claims Act where school, as an alleged nonprofit public benefit corporation, is neither a 'public entity' nor a 'public agency' separat…
8. KURWA v. HARRINGTON, FOXX, DUBROW & CANTER, LLP
   Jan 30, 2007
   Suit by shareholder of corporation providing medical services to HMO's members against attorney for the other shareholder over business letter sent by defendant to HMO's president urging that new corporation headed by attorney's client be named the exclusive provider …
9. In re JAMES F.,
   Jan 30, 2007
   Juvenile court's error in appointing a guardian ad litem without inquiring about father's competence and explaining the purpose of the appointment was a structural error requiring reversal of the order terminating father's parental rights.
10. In re JAMES F., Part II
    Jan 30, 2007
    Juvenile court's error in appointing a guardian ad litem without inquiring about father's competence and explaining the purpose of the appointment was a structural error requiring reversal of the order terminating father's parental rights.
11. LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY Part II
    Jan 30, 2007
    The term "occurrence," as used in a commercial general liability policy as applied to bodily injuries caused by exposure to asbestos, means injurious exposure to asbestos, not the manufacture and distribution of those products, so trial court erred in determining that all…
12. LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY Part I
    Jan 30, 2007
    The term "occurrence," as used in a commercial general liability policy as applied to bodily injuries caused by exposure to asbestos, means injurious exposure to asbestos, not the manufacture and distribution of those products, so trial court erred in determining that all…
13. RAMOS v. SUPERIORCOURTOFLOS ANGELESCOUNTY
    Jan 30, 2007
    Good cause, attributed from one jointly charged codefendant to another pursuant to Penal Code Sec. 1050.1, does not permit the magistrate to set or continue the preliminary hearing for both defendants beyond the 60 days prescribed by Sec. 859b in the absence of a personal waiver …
14. 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…
15. 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…
16. 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…
17. 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…
18. 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.
19. 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…
20. 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…