CA Pub. Decisions

1. PEOPLE v.McSHERRY
   Oct 5, 2006
   Statute of limitations under Penal Code Sec. 647.6(c)(2)--making it a felony to annoy or molest a child if the defendant has been previously convicted of a lewd act in violation of Sec. 288--is three years. On appeal, defendant claims evidentiary error, instructional error, and t…
2. AMERUS LIFE INSURANCE COMPANY v. BANK OF AMERICA, N.A.
   Oct 5, 2006
   Insurer's conversion claim against bank--for honoring checks that were fraudulently endorsed by agent, thus subjecting insurer to potential liability on policies sold by agent even though insurer was unaware of the policies and received no premiums--was time-barred where brou…
3. STEVEN v. RICHARD PART I
   Oct 3, 2006
   Substantial evidence supported finding that defendant police officers were liable for civil rights violation under 42 U.S.C. Sec. 1983 where evidence showed that defendants engaged in, or authorized, a series of law enforcement actions--including traffic stops, equipment complian…
4. STEVEN v. RICHARD PART II
   Oct 3, 2006
   Substantial evidence supported finding that defendant police officers were liable for civil rights violation under 42 U.S.C. Sec. 1983 where evidence showed that defendants engaged in, or authorized, a series of law enforcement actions--including traffic stops, equipment complian…
5. STEVEN v. RICHARD PART III
   Oct 3, 2006
   Substantial evidence supported finding that defendant police officers were liable for civil rights violation under 42 U.S.C. Sec. 1983 where evidence showed that defendants engaged in, or authorized, a series of law enforcement actions--including traffic stops, equipment complian…
6. STEVEN v. RICHARD PART IV
   Oct 3, 2006
   Substantial evidence supported finding that defendant police officers were liable for civil rights violation under 42 U.S.C. Sec. 1983 where evidence showed that defendants engaged in, or authorized, a series of law enforcement actions--including traffic stops, equipment complian…
7. DONNER MANAGEMENT COMPANY v. MICHAEL Part I
   Oct 3, 2006
   When, at the commencement of a derivative lawsuit, a shareholder-plaintiff voluntarily posts security under Corporations Code Sec. 800, a prevailing defendant seeking attorney fees at the conclusion of the lawsuit need not retrospectively show the lawsuit had no reasonable possib…
8. DONNER MANAGEMENT COMPANY v. MICHAEL Part II
   Oct 3, 2006
   When, at the commencement of a derivative lawsuit, a shareholder-plaintiff voluntarily posts security under Corporations Code Sec. 800, a prevailing defendant seeking attorney fees at the conclusion of the lawsuit need not retrospectively show the lawsuit had no reasonable possib…
9. COLONY v. MASOOD Part I
   Oct 3, 2006
   Where a judgment did not expressly award attorney fees but left the issues of entitlement and amount for later proceedings, appellate court lacked jurisdiction over the issue where the party ordered to pay attorney fees did not file a notice of appeal from the postjudgment order …
10. COLONY v. MASOOD Part II
    Oct 3, 2006
    Where a judgment did not expressly award attorney fees but left the issues of entitlement and amount for later proceedings, appellate court lacked jurisdiction over the issue where the party ordered to pay attorney fees did not file a notice of appeal from the postjudgment order …
11. PEOPLE v. JASON Part I
    Oct 3, 2006
    Where defendant performed sex acts on developmentally disabled woman, there was sufficient evidence that at the time and under the circumstances her mental impairment--exemplified by an inability to cook, use a bus, handle money, or hold down a real job--and particularly her impa…
12. PEOPLE v. JASON Part II
    Oct 3, 2006
    Where defendant performed sex acts on developmentally disabled woman, there was sufficient evidence that at the time and under the circumstances her mental impairment--exemplified by an inability to cook, use a bus, handle money, or hold down a real job--and particularly her impa…
13. In re JAIME MEJIA JASSO, Part II
    Oct 3, 2006
    Failure of defense counsel to object to shackling of defendant prison inmate and to requirement that he wear prison garb at trial constituted ineffective assistance where no claim was made that shackling was necessary. The fact that the jury would inevitably have discovered that …
14. In re JAIME MEJIA JASSO, Part I
    Oct 3, 2006
    Failure of defense counsel to object to shackling of defendant prison inmate and to requirement that he wear prison garb at trial constituted ineffective assistance where no claim was made that shackling was necessary. The fact that the jury would inevitably have discovered that …
15. DUNLAP v. SUPERIOR COURT
    Oct 1, 2006
    Statutory penalties recoverable by an employee prior to adoption of Labor Code Private Attorneys General Act are not subject to act's exhaustion of administrative remedies requirements. The essential issue presented is whether the trial court properly struck Petitioner's …
16. Moreno v. Anwa Hotel and Resort
    Sep 29, 2006
    A decision regarding claims for wrongful termination based on pregnancy and mental disability discrimination and the denial of pregnancy disability and family medical leave. Defendant mistankenly terminated Plaintiff too early and offered a reinstatement. The trial court found th…
17. P. v. Cortina
    Sep 29, 2006
    A criminal law decision regarding discharging a firearm in a grossly negligent manner, during which defendant used a firearm, assault with a firearm, possession of a firearm by an ex-felon and possession of ammunition by an ex-felon. Defendant appeals sentence. Judgment Affirmed.…
18. Carey v. Carey
    Sep 22, 2006
    A decision regarding insurance billing fraud.
19. P. v. Swafford
    Sep 22, 2006
    A criminal law decision regarding conviction of burglary and grand theft and acquittal of two counts of petty theft. Reversed and Remanded.
20. DAIMLERCHRYSLER MOTORS COMPANY v. LEW WILLIAMS, INC.
    Sep 20, 2006
    Court correctly denied cross-defendant's anti-SLAPP motion on the ground that the cross-complainant had established the probability of prevailing on each of its claims. Each claim was premised on cross-defendant's breach of letter agreement wherein cross-defendant waived …