CA Pub. Decisions

1. 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…
2. 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…
3. HOOD v. SANTA BARBARA BANK & TRU. Part I
   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…
4. WARREN v. MERRILL Part II
   Oct 9, 2006
   Where defendant real estate agent promised plaintiff buyer his name would be placed on the title once the loan in the agent's daughter's name--who provided no funds but was placed on title because, according to agent, plaintiff needed co-borrower--was funded and escrow cl…
5. WARREN v. MERRILL Part I
   Oct 9, 2006
   Where defendant real estate agent promised plaintiff buyer his name would be placed on the title once the loan in the agent's daughter's name--who provided no funds but was placed on title because, according to agent, plaintiff needed co-borrower--was funded and escrow cl…
6. CABLE CONNECTION, INC. v. DIRECTV, INC. Part II
   Oct 9, 2006
   Provision in arbitration agreement purporting to provide for judicial review of errors of law was void and unenforceable but was severable from the remainder of the agreement. Where agreement neither expressly allowed nor expressly prohibited classwide arbitration, arbitrators&#3…
7. CABLE CONNECTION, INC. v. DIRECTV, INC. Part I
   Oct 9, 2006
   Provision in arbitration agreement purporting to provide for judicial review of errors of law was void and unenforceable but was severable from the remainder of the agreement. Where agreement neither expressly allowed nor expressly prohibited classwide arbitration, arbitrators&#3…
8. SLOVENSKY v. FRIEDMAN Part II
   Oct 9, 2006
   Where plaintiff consulted attorneys to represent plaintiff in toxic mold personal injury action after statute of limitations on plaintiff's claim had run, but attorneys were able to procure a settlement for plaintiff, trial court properly granted summary judgment to attorneys…
9. SLOVENSKY v. FRIEDMAN Part I
   Oct 9, 2006
   Where plaintiff consulted attorneys to represent plaintiff in toxic mold personal injury action after statute of limitations on plaintiff's claim had run, but attorneys were able to procure a settlement for plaintiff, trial court properly granted summary judgment to attorneys…
10. PEOPLE v. JENKINS Part II
    Oct 9, 2006
    Double jeopardy clauses do not prohibit multiple conviction for the offense of aggravated assault resulting in great bodily injury and battery with serious bodily injury.
11. PEOPLE v. JENKINS Part I
    Oct 9, 2006
    Double jeopardy clauses do not prohibit multiple conviction for the offense of aggravated assault resulting in great bodily injury and battery with serious bodily injury.
12. CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIA WILDLIFE CONSERVATN BRD Part III
    Oct 9, 2006
    California Wildlife Conservation Board's approval of project involving the conversion of agricultural land into wildlife habitat, which requires active construction and ongoing maintenance, is not categorically exempt from California Environmental Quality Act and does not fal…
13. CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIA WILDLIFE CONSERVATN BRD Part II
    Oct 9, 2006
    California Wildlife Conservation Board's approval of project involving the conversion of agricultural land into wildlife habitat, which requires active construction and ongoing maintenance, is not categorically exempt from California Environmental Quality Act and does not fal…
14. CALIFORNIA FARM BUREAU FEDERATION v. CALIFORNIA WILDLIFE CONSERVATN BOARD Part I
    Oct 9, 2006
    California Wildlife Conservation Board's approval of project involving the conversion of agricultural land into wildlife habitat, which requires active construction and ongoing maintenance, is not categorically exempt from California Environmental Quality Act and does not fal…
15. RED MOUNTAIN, LLC v. FALLBROOK PUBLIC UTILITY DISTRICT PART-III
    Oct 9, 2006
    Civil Code Sec. 1069--which states that "every grant by a public officer or body...is to be interpreted in favor of the grantor"--requires a court to interpret an ambiguous grant by a public body in favor of the grantor even where other rules of construction or extrinsic …
16. RED MOUNTAIN, LLC v. FALLBROOK PUBLIC UTILITY DISTRICT PART-II
    Oct 9, 2006
    Civil Code Sec. 1069--which states that "every grant by a public officer or body...is to be interpreted in favor of the grantor"--requires a court to interpret an ambiguous grant by a public body in favor of the grantor even where other rules of construction or extrinsic …
17. RED MOUNTAIN, LLC v. FALLBROOK PUBLIC UTILITY DISTRICT PART-I
    Oct 9, 2006
    Civil Code Sec. 1069--which states that "every grant by a public officer or body...is to be interpreted in favor of the grantor"--requires a court to interpret an ambiguous grant by a public body in favor of the grantor even where other rules of construction or extrinsic …
18. In re Marriage of FLORA LINDA Part II
    Oct 9, 2006
    Where husband's attorney misrepresented himself as representing wife, thus procuring judgment favorable to husband in an ostensibly uncontested proceeding, trial court's inherent power to protect itself from fraud permitted it to vacate judgment without regard to statutor…
19. In re Marriage of FLORA LINDA Part I
    Oct 9, 2006
    Where husband's attorney misrepresented himself as representing wife, thus procuring judgment favorable to husband in an ostensibly uncontested proceeding, trial court's inherent power to protect itself from fraud permitted it to vacate judgment without regard to statutor…
20. BAPTIST v. ROBINSON Part II
    Oct 9, 2006
    Winery employee, who borrowed storage bin without permission to transport grapes for his own personal stock of wine, was acting outside scope of employment while en route to purchase harvested grapes for himself during off-work hours--an errand of which the winery was unaware--so…