California Supreme Court and Court of Appeal published (citable) opinions.
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In re DONALD SCHMIDT Part I
Oct 9, 2006
California Youth Authority is not authorized to release on parole a person committed under Welfare and Institutions Code Sec. 1800, authorizing extended commitment of person who has reached the age of 25 and is considered dangerous to society, but may grant such person conditiona…
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In re ISIDRO CALDERON HERNANDEZ Part II
Oct 9, 2006
Defendant's statements to physicians, one who was appointed by court to evaluate his competency and the other who was employed by the state and evaluated defendant while he was confined to state hospital pending restoration of competency, were inadmissible at sanity phase of …
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KAATZ v. CITY OF SEASIDE Part III
Oct 9, 2006
Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
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KAATZ v. CITY OF SEASIDE Part II
Oct 9, 2006
Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
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KAATZ v. CITY OF SEASIDE Part I
Oct 9, 2006
Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction …
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PEOPLE v. MELVIN SIMMONS, JR Part I
Oct 9, 2006
Court erred in shackling defendant during trial where its restraint determination was not individualized, adequately supported, or made on the record. Erroneous shackling was prejudicial even though the court admonished the jury to disregard the restraints, and there was no evide…
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GAMBLE v. WORKERS' COMPENSATION APPEALS BOARD, GALLAGHER BASSETT SERVIC Part II
Oct 9, 2006
Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with another employer.
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In re ISIDRO CALDERON HERNANDEZ Part I
Oct 9, 2006
Defendant's statements to physicians, one who was appointed by court to evaluate his competency and the other who was employed by the state and evaluated defendant while he was confined to state hospital pending restoration of competency, were inadmissible at sanity phase of …
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GAMBLE v. WORKERS' COMPENSATION APPEALS BOARD, GALLAGHER BASSETT SERVICES Part I
Oct 9, 2006
Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with a different employer.
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BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part I
Oct 9, 2006
Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property …
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BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part II
Oct 9, 2006
Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property …
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BORDER BUSINESS PARK, INC v. CITY OF SAN DIEGO Part III
Oct 9, 2006
Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property …
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CORONA FRUITS & VEGGIES, INC v. FROZSUN FOODS, INC.
Oct 6, 2006
Creditor failed to perfect a security interest in goods where its UCC-1 financing statement erroneously listed debtor's last name; since UCC-1 financing statements are indexed by last names, subsequent creditor who loaned money to the same debtor was not on notice of the prio…
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ZAVALA v. SCOTT BROTHERS DAIRY, INC.,
Oct 6, 2006
Employees' claims that employer failed to provide employees with statutory rest breaks and properly itemized wage-statements in violation of Labor Code and Industrial Welfare Commission wage orders did not arise under collective bargaining agreement, and thus employees were n…
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FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS v. NEXTEL COMMUNICATIONS, INC.
Oct 6, 2006
Trial court abused its discretion when it granted defendant's motion for judgment on the pleadings and denied plaintiff organization leave to amend so it could add an individual plaintiff to meet Proposition 64's modified standing requirements under the Unfair Competition…
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CANO v. GLOVER
Oct 6, 2006
Where demurrer was sustained with leave to amend, defendant not named in amended complaint was entitled to dismissal with prejudice, and dismissal without prejudice was error. Defendant who was dismissed from action as a result of not being named in amended complaint was entitled…
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PEOPLE v. JEFFERY
Oct 6, 2006
A modification decision.
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FIRST FEDERAL BANK OF CALIFORNIA V. SUPERIOR COURT FOR THE STATE OF CALIFORNIA,
Oct 6, 2006
Where trial court made a determination on the merits that party was not entitled to recover attorney fees, and appeals court reversed and remanded for a hearing on the amount to be awarded. The hearing was a new trial under Code of Civil Procedure Sec. 170.6(a)(2), which allows a…
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PEOPLE v. MAESTAS
Oct 6, 2006
There was insufficient evidence as a matter of law for trial court to find that defendant's prior second-degree burglary convictions were for serious felonies for purposes of three strikes sentencing, since second-degree burglary necessarily means a nonresidential burglary, a…
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PEOPLE v. MATYE
Oct 6, 2006
Evidence was sufficient to support finding that 60-year-old victim was a dependent adult for purposes of Penal Code Sec. 368(b)(1) and (f) where, though she could carry out normal activities, her ability to do so was restricted, as she could walk only with a leg brace and cane, a…