CA Pub. Decisions

1. CANO v. GLOVER
   Oct 6, 2006
   Where demurrer was sustained with leave to amend, defendant not named in amended complaint was entitled to dismissal with prejudice, and dismissal without prejudice was error. Defendant who was dismissed from action as a result of not being named in amended complaint was entitled…
2. PEOPLE v. JEFFERY
   Oct 6, 2006
   A modification decision.
3. FIRST FEDERAL BANK OF CALIFORNIA V. SUPERIOR COURT FOR THE STATE OF CALIFORNIA,
   Oct 6, 2006
   Where trial court made a determination on the merits that party was not entitled to recover attorney fees, and appeals court reversed and remanded for a hearing on the amount to be awarded. The hearing was a new trial under Code of Civil Procedure Sec. 170.6(a)(2), which allows a…
4. PEOPLE v. MAESTAS
   Oct 6, 2006
   There was insufficient evidence as a matter of law for trial court to find that defendant's prior second-degree burglary convictions were for serious felonies for purposes of three strikes sentencing, since second-degree burglary necessarily means a nonresidential burglary, a…
5. PEOPLE v. MATYE
   Oct 6, 2006
   Evidence was sufficient to support finding that 60-year-old victim was a dependent adult for purposes of Penal Code Sec. 368(b)(1) and (f) where, though she could carry out normal activities, her ability to do so was restricted, as she could walk only with a leg brace and cane, a…
6. PEOPLE v. CARLOS CORTEZ BURTON
   Oct 6, 2006
   Evidence was sufficient to support torture conviction where defendant attacked victim two days after she asked him to move out of her residence, caused deep cuts to victim's face that resulted in scarring and disfigurement, and had previously threatened to hurt and kill her n…
7. JOHNSON v. SUPERIOR COURT OF SACRAMENTO COUNTY
   Oct 6, 2006
   Summary judgment for defendants in medical malpractice case, based on determination that defendants met the standard of care as a matter of law, was error where defendant's expert's declaration failed to explain the reasons for his opinion or to explain what standard of c…
8. PETTIGREW v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA DEPTT. OF CORRE
   Oct 6, 2006
   Workers' Compensation Appeals Board properly affirmed the judge's finding that individual employed as state correctional officer in a prison was not acting within the scope of his employment as a peace officer when injured while voluntarily stopping to help at an accident…
9. de LEON v. JENKINS
   Oct 6, 2006
   Where Department of Child Support Services, in registering an out-of-state child support order, listed zero dollars in arrears, and neither mother nor father challenged the registration and arrears statement within time provided by statute, mother was not precluded from later obj…
10. THORNBURG v. EL CENTRO REGIONAL MEDICAL CENTER
    Oct 6, 2006
    Evidence Code Sec. 1158--which provides that medical care providers may charge a patient's attorney no more than 10 cents a page for copies of medical records--gives patients a private right of action to enforce its provisions. Judgment Reversed.
11. PEOPLE v. QUINTERO
    Oct 6, 2006
    Where defendant was convicted of possessing methamphetamine, court abused its discretion in imposing as one of the terms of probation that defendant "[k]eep the probation officer informed of place of residence, cohabitants and pets, and give written notice to the probation of…
12. PEOPLE v. RISKIN
    Oct 6, 2006
    Under former Penal Code Sec. 803(g), extending time in which certain sex crimes against children could be prosecuted if certain requirements were met, trial court correctly instructed jurors that prosecution was required to prove by preponderance of the evidence that charges were…
13. PEOPLE v. BUCHANAN
    Oct 6, 2006
    Trial court properly found that defendant did not establish prima facie case of group bias during jury selection in which all three prosecution peremptory challenges were to potential jurors with Hispanic surnames, where defendant accepted the jury without objection after one sid…
14. GAMBLE v. WORKERS' COMPENSATION APPEALS BOARD, GALLAGHER BASSETT SERVICES
    Oct 6, 2006
    A modification decision.
15. WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION v. B.C.B.U
    Oct 6, 2006
    California Uniform Commercial Code Sec. 9403, which makes a waiver of defenses against an assignee enforceable--not Sec. 10407, which says that a lease is only enforceable on delivery of goods--is the governing provision when a waiver of defenses is included in a lease. Since the…
16. ALHUSAINY v. THE SUPERIOR COURT OF ORANGE COUNTY
    Oct 6, 2006
    Plea condition requiring defendant to leave the state indefinitely and miss sentencing hearing was constitutionally improper. Thus voiding the plea bargain, because it was not narrowly tailored or reasonably related to defendant's crimes of domestic violence, and public polic…
17. PEOPLE v. ORMONDE
    Oct 6, 2006
    Following the denial of defendant's motion to suppress evidence, defendant pleaded no contest to possession of cocaine for sale, possession of methamphetamine for sale, possession of methylenedioxy amphetamine for sale, possession of marijuana for sale, and possession of an a…
18. PEOPLE v. MODIRI
    Oct 6, 2006
    A modification decision.
19. PEOPLE v. WARNER
    Oct 6, 2006
    A modification decision.
20. P. v. Tran
    Oct 6, 2006
    A modification decision.