CA Pub. Decisions

1. PEOPLE v. GONZALEZ PART -II
   Sep 20, 2006
   Court's imposition of multiple firearm enhancements pursuant to Penal Code Sec. 12022.5(a)(1) and 12022.53(b) and (c) in addition to firearm enhancement already imposed on defendant's life sentence was clearly improper under Sec. 12022.53(f)--which provides that where mul…
2. PEOPLE v. GONZALEZ PART -I
   Sep 20, 2006
   Court's imposition of multiple firearm enhancements pursuant to Penal Code Sec. 12022.5(a)(1) and 12022.53(b) and (c) in addition to firearm enhancement already imposed on defendant's life sentence was clearly improper under Sec. 12022.53(f)--which provides that where mul…
3. PEOPLE v. CRANE,
   Sep 20, 2006
   Trial court erred in enhancing defendant's DUI sentence under Vehicle Code Sec. 23540 based on his prior out-of-state conviction for "driving while ability impaired." Defendant admitted the fact of the prior out-of-state conviction after jury convicted him of pending …
4. PEOPLE v. FREDERICK Part - II
   Sep 20, 2006
   Jury reasonably concluded that an endless chain scheme program offering members co-ownership interest in corporation in exchange for payments and for recruiting additional members amounted to illegal and fraudulent sale of securities. Members who bought into program testified tha…
5. PEOPLE v. FREDERICK Part - I
   Sep 20, 2006
   Jury reasonably concluded that an endless chain scheme program offering members co-ownership interest in corporation in exchange for payments and for recruiting additional members amounted to illegal and fraudulent sale of securities. Members who bought into program testified tha…
6. SONOMA STATE UNIVERSITY v. WORKERS' COMPENSATION APPEALS BOARD
   Sep 20, 2006
   Where 35 percent of employee's permanent psychiatric disability was work-related, but 100 percent of one of her psychological disorders was work-related, worker did not satisfy the standard for worker's compensation compensability. An employee's psychiatric injury sat…
7. AILANTO PROPERTIES, INC., v. CITY OF HALF MOON BAY
   Sep 19, 2006
   A modification decision.
8. CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION,v. STATE OF CALIFORNIA
   Sep 19, 2006
   A modification decision.
9. In re LUIS B.,
   Sep 19, 2006
   There is a duty of prosecuting attorney to assess eligibility of minor for deferred entry of judgment (DEJ). To furnish notice with the petition is mandatory, as is the duty of the juvenile court to either summarily grant DEJ or examine the record, conduct a hearing, and make &#3…
10. PAULA v. INDEVUS PHARMACEUTICALS, INC.,
    Sep 19, 2006
    Defendant's drug's danger was publicized in T.V. and newspaper articles but Plaintiff was not aware of dangers until a significant time later. The statute of limitations on Plaintiff's action against Defendant drug maker began when Plaintiff became aware of the danger…
11. ISRAEL v. VIA DOLCE HOMEOWNERS ASSOCIATION,
    Sep 19, 2006
    Where settlement was agreed to in open court on behalf of defendant only by its insurer and a third-party representative and not by a member of its corporate board or a corporate officer, it could not be enforced by motion under Code of Civil Procedure Sec. 664.6. Judgment entere…
12. COMMITTEE FOR RESPONSIBLE SCHOOL EXPANSION v. HERMOSA BEACH CITY SCHOOL DISTRICT
    Sep 19, 2006
    Plaintiff appeals judgment to allow Defendant to spend school bond money to build a gymnasium. Proposition 39, which reduces the vote requirement for school construction bonds from two-thirds to 55 percent if certain conditions are met, requires that school district enact a list …
13. FRANK v. SUPERIOR COURT
    Sep 19, 2006
    A ballot measure title that informed voters that the measure would "change Councilmember term limits to three terms," but it did not inform them that current maximum was two terms. It was not false, misleading, or partial to measure, within meaning of Elections Code. Tria…
14. STATE OF CALIFORNIA v. PACIFIC BELL TELEPHONE CO.
    Sep 19, 2006
    A modification decision.
15. JOHN v. LOUIE
    Sep 19, 2006
    The owner of classic car was paid replacement value for the car after defendant's negligence caused the cars destruction. Owner was not entitled to damages for loss of use, from time of loss to time of payment, because he had not used the car for several years.
16. PEOPLE v. GARY
    Sep 19, 2006
    Trial court violated defendant's Sixth Amendment right to a public trial when it closed the courtroom to all spectators during the testimony of a 14-year-old molestation victim based only on the prosecutor's assertion the victim would have difficulty testifying. Error was…
17. In re JOHN M.,
    Sep 19, 2006
    A modification decision.
18. JORGELINA v. SUPERIOR COURT
    Sep 19, 2006
    Petitioner, a single mother who lived with her boyfriend, two children, sister, and sister's child, knew that her boyfriend had a history of physically abusing the children. She had taken steps to prevent the abuse, but one day while petitioner was not home, her sister left h…
19. TILTON v. RECLAMATION DISTRICT NO. 800
    Sep 6, 2006
    The district sued alleging improper repaired of levee underlying their property, trial court properly sustained district's demurrers without leave to amend as to taking causes of action, plaintiffs pled guilty only to standard allegations of inadequate maintenance rather than…
20. ROBSON v. UPPER SAN GABRIEL VALLEY
    Sep 6, 2006
    Under Government Code Sec. 1780, which sets forth when an election must be held to fill a vacancy created on a special district's governing board, a person appointed to fill a vacancy on the governing board may serve only until the person elected at the next general election …