California Supreme Court and Court of Appeal published (citable) opinions.
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PETROPOULOS v. DEPARTMENT OF REAL ESTATE
Feb 26, 2007
Real Estate Commissioner improperly revoked broker's license pursuant to Business and Professions Code Sec. 490, which authorizes revocation where professional licensee is convicted of a crime "substantially related to the qualifications, functions, or duties" of prof…
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JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -II
Feb 26, 2007
Trial court correctly found that Department of Forestry & Fire Protection abused its discretion by approving a timber harvest plan where plan's cumulative impact analysis with regard to the issue of fog drip lacked any facts, statistics, reports, or studies supporting content…
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JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -I
Feb 26, 2007
Trial court correctly found that Department of Forestry & Fire Protection abused its discretion by approving a timber harvest plan where plan's cumulative impact analysis with regard to the issue of fog drip lacked any facts, statistics, reports, or studies supporting content…
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AILANTO PROPERTIES, INC v. CITY OF HALF MOON BAY PART-II
Feb 26, 2007
Government Code Sec. 66452.6 (b)(1) under Subdivision Map Act limits any moratorium-related tolling of a tentative map's expiration to five years. Where developer's project was subject to multiple moratoria by city, expiration of developer's vesting tentative map was …
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AILANTO PROPERTIES, INC v. CITY OF HALF MOON BAY PART-I
Feb 26, 2007
Government Code Sec. 66452.6 (b)(1) under Subdivision Map Act limits any moratorium-related tolling of a tentative map's expiration to five years. Where developer's project was subject to multiple moratoria by city, expiration of developer's vesting tentative map was …
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SAVIENT PHARMACEUTICALS, INC v. DEPARTMENT OF HEALTH SERVICES
Feb 24, 2007
Department of Health Services is statutorily authorized to contract with private entity to administer AIDS drug program, and operation of program by such entity does not violate state constitution's civil service provisions since such operation is not a traditional function o…
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SAVIENT PHARMACEUTICALS, INC.v. DEPARTMENT OF HEALTH SERVICES
Feb 24, 2007
A modification decision.
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PEOPLE v. PHILLIPS
Feb 24, 2007
In denying motion for mistrial based on alleged racial bias in exercise of peremptory challenges, it was proper for the trial court to require explanations for only two of the three prospective jurors who were the subject of the motion, where court did not find that there was a p…
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CITIZENS v. MCCLOUD COMMUNITY SERVICES DISTRICT
Feb 24, 2007
Public Resources Code Sec. 21177(b), which requires that a citizen objecting to a project under CEQA do so during public comment period or prior to the close of public hearing to retain standing to challenge the project in court, did not bar action where local agency did not hold…
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TOWNS v. DAVIDSON
Feb 24, 2007
Under primary assumption of risk doctrine, skier assumes risk of injury resulting from collision with another skier, including an employee of ski resort, even if employee is violating company policies by skiing unsafely. Employee of ski resort did not act recklessly and thus did …
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Pacific Bell Directory v. Law Offices of Joseph Carcione
Feb 24, 2007
Because appellant's notice of appeal was untimely, the appeal must be dismissed. (See Cal. Rules of Court, rule 8.104(b); Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 56 ["The time for appealing a judgment is juri…
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TAMBURINA v. COMBINED INSURANCE COMPANY OF AMERICA
Feb 22, 2007
Dismissal for failure to bring action to trial within five years was error under impracticability exception to statute where parties stipulated to multiple continuances due to illnesses of plaintiff and counsel, such continuances had a causal connection to the lack of trial withi…
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OVERAA CONSTRUCTION v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS PART I
Feb 22, 2007
Division of Occupational Safety and Health is not required to prove lack of reasonable diligence by citee as an essential element of its prima facie case to establish a general violation of the California Occupational Safety and Health Act or regulations adopted under that act. C…
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OVERAA CONSTRUCTION v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS PART II
Feb 22, 2007
Division of Occupational Safety and Health is not required to prove lack of reasonable diligence by citee as an essential element of its prima facie case to establish a general violation of the California Occupational Safety and Health Act or regulations adopted under that act. C…
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PEOPLE v. ZACKERY
Feb 22, 2007
Where court clerk's minutes of plea change, minutes of sentencing, and abstract of judgment did not reflect what occurred in proceedings and included items never orally imposed by trial judge in defendant's presence, minutes must be stricken to reflect what actually occur…
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VERGOS v. McNEAL PART I
Feb 22, 2007
Under anti SLAPP statute, statements and conduct by public employee in denying plaintiff's administrative grievances are protected against civil rights action attacking her hearing, processing and decision of his claim where plaintiff presented no evidence that employee viola…
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VERGOS v. McNEAL PART II
Feb 22, 2007
Under anti SLAPP statute, statements and conduct by public employee in denying plaintiff's administrative grievances are protected against civil rights action attacking her hearing, processing and decision of his claim where plaintiff presented no evidence that employee viola…
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DUALE v. MERCEDES-BENZUSA, LLC
Feb 22, 2007
Where jury award to lemon law plaintiffs was less than amount of defendant's offer to compromise under Code of Civil Procedure Sec. 998, trial court erred in awarding plaintiffs their preoffer attorney fees and costs.
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JONES v. CATHOLIC HEALTHCARE WEST
Feb 22, 2007
Code of Civil Procedure Sec. 364, which extends the one year period in which to sue a health care provider by 90 days where the plaintiff has given timely notice of intent to sue, permits the notice of intent to be served by fax. Code provisions limiting fax service of certain do…
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MILLER v. UNION PACIFIC RAILROAD COMPANY
Feb 22, 2007
Availability of expert witness fees in a Federal Employers' Liability Act action filed in state court is controlled by federal law, which does not authorize an award of expert witness fees to a prevailing plaintiff in a FELA action. Trial court did not abuse its discretion in…