CA Pub. Decisions

1. Schatz v. Allen Matkins Leck Gamble & Mallory
   Jan 30, 2007
   Mandatory fee arbitration statute precludes an attorney from enforcing a pre-dispute agreement requiring a client to submit a fee dispute to binding arbitration.
2. BLACK HILLS INVESTMENTS, INC., v. ALBERTSON'S, INC.,
   Jan 30, 2007
   Contracts to sell unsubdivided parcels of real property were void for violating Subdivision Map Act where they were entered into before seller recorded a parcel map, and they expressly permitted seller to waive the condition that a parcel map be recorded prior to the closing date…
3. STATE OF CALIFORNIA v. UNDERWRITERS AT LLOYD'S LONDON
   Jan 30, 2007
   A modification decision.
4. PEOPLE v. COSTELLO Part I
   Jan 30, 2007
   Trial court did not abuse discretion by admitting as spontaneous declarations six sets of statements by victim to police officers--two concerning charged offenses and four concerning prior bad acts by defendant, which were admitted under Evidence Code Sec. 1109 to show a past pat…
5. PEOPLE v. COSTELLO Part II
   Jan 30, 2007
   Trial court did not abuse discretion by admitting as spontaneous declarations six sets of statements by victim to police officers--two concerning charged offenses and four concerning prior bad acts by defendant, which were admitted under Evidence Code Sec. 1109 to show a past pat…
6. PEOPLE v. SALINAS
   Jan 30, 2007
   Admission of testimony of supervising criminalist who reviewed the report of another laboratory employee, who did not testify, to establish that substance seized from defendant was methamphetamine did not violate Confrontation Clause since the laboratory report was not testimonia…
7. NEILSON v.CITY OF CALIFORNIACITY
   Jan 30, 2007
   Redevelopment Agency erroneously interpreted Community Redevelopment Law in determining that vacant rectangular lots in project area were of irregular form and shape, and therefore constituted a blighted area, because they lacked legal and physical access to a right-of-way.
8. OCHOA v. FORDEL , INC
   Jan 30, 2007
   Trial court correctly ruled that modified substantial relationship test, when met, shifts burden to the targeted attorney to prove that he or she was not exposed to material confidential information, as opposed to proving that he or she had no opportunity to acquire confidential …
9. PEOPLE v. EASTMAN
   Jan 30, 2007
   When defendant's attorney, at time set for sentencing, stated that defendant wanted to withdraw his plea, and defendant provided the court with a letter detailing alleged misconduct by the attorney, defendant made a clear and unequivocal request to discharge and replace his a…
10. D.H. WILLIAMS CONSTRUCTION, INC. v. CLOVIS UNIFIED SCHOOL DISTRICT
    Jan 30, 2007
    Bid on a public agency contract cannot be declared nonresponsive by the public agency on the ground that the bidder has listed an unlicensed subcontractor on the bid forms; nothing in statutes requires that subcontractors be licensed as of the time of the submission of the prime …
11. SPIELBAUER v. COUNTY OF SANTA CLARA Part I
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…
12. SPIELBAUER v. COUNTY OF SANTA CLARA Part II
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…
13. SPIELBAUER v. COUNTY OF SANTA CLARA Part III
    Jan 29, 2007
    Public employee may not be terminated or otherwise disciplined for invoking Fifth Amendment right to refuse to answer questions during internal investigation into employee's alleged misconduct unless immunized against having his responses used against him or her in any subseq…
14. CACHO v. BOUDREAU Part I
    Jan 29, 2007
    Mobilehome Residency Law does not preempt local rent control ordinances permitting mobilehome park owners to separately charge park residents for property taxes imposed on park land.
15. CACHO v. BOUDREAU Part II
    Jan 29, 2007
    Mobilehome Residency Law does not preempt local rent control ordinances permitting mobilehome park owners to separately charge park residents for property taxes imposed on park land.
16. PATRICIA SAMPLES v. EDMUND G.BROWN, PART I
    Jan 29, 2007
    Vehicle Code Sec. 14602.6(b)'s provision that mitigating circumstances may be considered in determining whether unlicensed drivers may retrieve their impounded vehicles is not unconstitutionally vague on its face nor does it violate non-delegation doctrine where both statute …
17. PATRICIA SAMPLES v. EDMUND G.BROWN, PART II
    Jan 29, 2007
    Vehicle Code Sec. 14602.6(b)'s provision that mitigating circumstances may be considered in determining whether unlicensed drivers may retrieve their impounded vehicles is not unconstitutionally vague on its face nor does it violate non-delegation doctrine where both statute …
18. P. v. Coonrod
    Oct 24, 2006
    Pursuant to a negotiated plea, Defendant pled no contest to committing a lewd act upon a child; in exchange for “no immediate state prison” and dismissal of a remaining charge. Imposition of sentence was suspended and defendant was placed on five years formal probation on conditi…
19. JOY ROAD AREA FOREST AND WATERSHED ASSOCIATION v. CALIFORNIA DEPARTMENT OF FORES
    Oct 24, 2006
    A modification decision.
20. NEISENDORF v. LEVI STRAUSS & CO.
    Oct 24, 2006
    Employer has no obligation to make accommodations to permit employee who has taken leave under California Family Rights Act to return to work within the allowed leave period; where employee did not return within the 12-week period to which she was entitled, employer was entitled …