CA Pub. Decisions

1. JOY ROAD AREA FOREST AND WATERSHED ASSOCIATION v. CALIFORNIA DEPARTMENT OF FORES
   Oct 24, 2006
   A modification decision.
2. 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 …
3. PETROPOULOS v. DEPARTMENT OF REAL ESTATE
   Oct 24, 2006
   A modification decision.
4. NORTH BAY CONSTRUCTION, INC. v. CITY OF PETALUMA
   Oct 24, 2006
   A mechanic’s lien cannot be enforced against property owned by a municipality regardless of whether work was performed as part of a public work project. A contractor cannot recover in quantum meruit for improvements to a municipality’s property performed under a contract with a t…
5. In re DAVEY WAYNE HUDSO
   Oct 24, 2006
   Where parolee was convicted of lewd conduct with a child under the age of 14, and parolee encrypted his hard drive to prevent authorities from searching his computer while he was on probation previously, condition placed on parole prohibiting parolee from possessing or having acc…
6. PEOPLE v. ESQUIBEL
   Oct 24, 2006
   Temporary exclusion of two friends of defendant during testimony of child witness did not deprive defendant of constitutional right to a public trial. Trial court erred in imposing both a 10-20-Life enhancement and a great bodily injury enhancement for shooting of one the victims…
7. NORA ARMENTA v. MUELLER CO.
   Oct 24, 2006
   A modification decision.
8. EDWARDS II v. ANDERSEN LLP
   Oct 24, 2006
   A modification decision.
9. SIMMONS v. GHADERI
   Oct 24, 2006
   Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties enter…
10. PEOPLE v. CORCORAN
    Oct 24, 2006
    There was substantial evidence to support defendant’s kidnapping convictions on the ground that his movement of the victims was not merely incidental to attempted robbery where defendant, after aborting his robbery attempt, herded the victims at gunpoint approximately 10 feet fro…
11. SIMMONS v. GHADERI Part IV
    Oct 9, 2006
    Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties enter…
12. SIMMONS v. GHADERI Part III
    Oct 9, 2006
    Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties enter…
13. SIMMONS v. GHADERI Part II
    Oct 9, 2006
    Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties enter…
14. SIMMONS v. GHADERI Part I
    Oct 9, 2006
    Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties enter…
15. FREMONT INDEMNITY COMPANY v. FREMONT GENERAL CORPORATION Part II
    Oct 9, 2006
    Where law firm concurrently represented two related entities, each in an entirely separate legal action, but did not represent either entity in a third matter in which one entity sued the other for unjust enrichment, disqualification of firm based on concurrent representation of …
16. FREMONT INDEMNITY COMPANY v. FREMONT GENERAL CORPORATION Part I
    Oct 9, 2006
    Where law firm concurrently represented two related entities, each in an entirely separate legal action, but did not represent either entity in a third matter in which one entity sued the other for unjust enrichment, disqualification of firm based on concurrent representation of …
17. FEDERICI, v. GURSEY SCHNEIDER & CO., Part II
    Oct 9, 2006
    Unambiguous provision in retainer agreement between accounting firm and client, requiring client--as a prerequisite to any future malpractice action--to raise existing professional negligence claims as an affirmative defense in any fee-related arbitration so that any such damages…
18. FEDERICI, v. GURSEY SCHNEIDER & CO., Part I
    Oct 9, 2006
    Unambiguous provision in retainer agreement between accounting firm and client, requiring client--as a prerequisite to any future malpractice action--to raise existing professional negligence claims as an affirmative defense in any fee-related arbitration so that any such damages…
19. JANE HEMADY v. LONG BEACH UNIFIED SCHOOL DISTRICT
    Oct 9, 2006
    Normal "prudent person" standard of care, rather than Knight/Kahn limited duty of care, which is applicable to certain athletic activities to avoid discouraging vigorous participation by coparticipants and chilling a coach's role in pushing student athletes, applies t…
20. HOOD v. SANTA BARBARA BANK & TRU. Part II
    Oct 9, 2006
    Federal regulations governing lending and other banking activities do not preempt state consumer protection laws with regard to claims that lenders and their agents induced consumers to apply for rapid refunds without informing them that these were actually tax refund appreciatio…