CA Pub. Decisions

1. PEOPLE v. ROGERS PART-IV
   Aug 30, 2006
   Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
2. PEOPLE v. ROGERS PART-V
   Aug 30, 2006
   Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
3. PEOPLE v. ROGERS PART-VI
   Aug 30, 2006
   Testimony that defendant suffered from some degree of disassociation and had used PCP, did not compel trial court to order competency hearing sua sponte. Where there was no testimony that any dissociative disorder affected his ability to assist counsel or to understand trial proc…
4. PEOPLE v. LEDESMA PART-VI
   Aug 30, 2006
   Where defendant was accused of murdering victim to keep him from testifying about previous robbery and of robbing victim again at time of murder. The trial court erred in failing to instruct the jury on the lesser offense of theft regarding the second robbery where there was subs…
5. PEOPLE v. LEDESMA PART-VII
   Aug 30, 2006
   Where defendant was accused of murdering victim to keep him from testifying about previous robbery.
6. BERNARD v. FOLEY PART-I
   Aug 30, 2006
   When an unrelated person renders substantial, ongoing health services to a dependent adult, that person may be a care custodian for purposes of statutory scheme that presumptively disqualifies care custodians as beneficiaries of testamentary transfers from dependent adults to who…
7. BERNARD v. FOLEY PART-II
   Aug 30, 2006
   When an unrelated person renders substantial, ongoing health services to a dependent adult, that person may be a care custodian for purposes of statutory scheme that presumptively disqualifies care custodians as beneficiaries of testamentary transfers from dependent adults to who…
8. OKORO v. CITY OF OAKLAND
   Aug 30, 2006
   Where some but not all defendants in federal action were dismissed, and plaintiff did not obtain certificate of appealability regarding dismissed defendants, the action remained pending against dismissed defendants for purposes of rule providing that statute of limitation to file…
9. VANDERMOON v. SANWONG
   Aug 30, 2006
   Provision of Code of Civil Procedure Section 473(b) requiring court to set aside "default" or "default judgment" where it is result of attorney mistake, inadvertence, surprise or neglect applies only where defendant has failed to answer a complaint, or where court…
10. PEOPLE v. GARCIA PART-I
    Aug 30, 2006
    Collateral estoppel bars state from prosecuting for welfare fraud a person who was exonerated of that charge in administrative proceedings.
11. PEOPLE v. GARCIA PART-II
    Aug 30, 2006
    Collateral estoppel bars state from prosecuting for welfare fraud a person who was exonerated of that charge in administrative proceedings.
12. PEOPLE v. GARCIA PART-III
    Aug 30, 2006
    Collateral estoppel bars state from prosecuting for welfare fraud a person who was exonerated of that charge in administrative proceedings.
13. PRIEBE v. NELSON PART-I
    Aug 30, 2006
    Veterinarian's rule under which dog owners who contract with veterinarians to treat their dogs are exempt from liability, should their dog bite a veterinarian during treatment, also bars kennel worker's strict liability claim against a dog owner under Civil Code Sec. 3342…
14. PRIEBE v. NELSON PART-II
    Aug 30, 2006
    Veterinarian's rule under which dog owners who contract with veterinarians to treat their dogs are exempt from liability, should their dog bite a veterinarian during treatment, also bars kennel worker's strict liability claim against a dog owner under Civil Code Sec. 3342…
15. PRIEBE v. NELSON PART-II
    Aug 30, 2006
    Veterinarian's rule under which dog owners who contract with veterinarians to treat their dogs are exempt from liability, should their dog bite a veterinarian during treatment, also bars kennel worker's strict liability claim against a dog owner under Civil Code Sec. 3342…
16. CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION v. STATE OF CALIFORNIA
    Aug 28, 2006
    Party to arbitration agreement may be compelled to submit to arbitration a dispute that turns solely on issue of statutory interpretation.
17. Atkinson v. Elk Corp. of Texas
    Aug 28, 2006
    Building materials purchased by contractor at homeowner's behest so that contractor would add them to homeowner's existing residence were not purchased "as part of real estate covered by a written warranty" within meaning of federal regulation and thus were consum…
18. PEOPLE v. BRADLEY PART-I
    Aug 28, 2006
    In instructing jurors on definition of offenses involving misappropriation of public funds in violation of Penal Code Sec. 424, judge correctly advised that an official is guilty if he or she "appropriated public moneys, or any portion thereof, to his or her own use. Or to th…
19. PEOPLE v. BRADLEY PART-II
    Aug 28, 2006
    In instructing jurors on definition of offenses involving misappropriation of public funds in violation of Penal Code Sec. 424, judge correctly advised that an official is guilty if he or she "appropriated public moneys, or any portion thereof, to his or her own use. Or to th…
20. BAIZE v. EASTRIDGE COMPANIES
    Aug 28, 2006
    Where arbitrator issued decision pursuant to parties' agreement to submit disputes to binding arbitration in which arbitrator must apply California law, trial court lacked jurisdiction to hear appeal of arbitrator's decision on ground that arbitrator failed to correctly a…