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All Reporters → cal-rptr-2d → Volume 124
Opinions in cal-rptr-2d Volume 124
Opinion
Mary Herberg, an administrative employee of defendant California Institute of the Arts (CalArts), was depicted in a vulgar and
*145
sexually oriented drawing prepared by two CalArts students. The drawing was displayed as part of a year-end exhibition of student art in CalArts’s main gallery for approximately 24 hours. Herberg, along with her daughter Bobette Heuer and...
Views: 0
Opinion
Defendant Mark Edwards Jones pled guilty to failing to register as a sex offender (Pen. Code, § 290, subd. (g)(2)).1 He also admitted that he had suffered one prior “strike” conviction (§§ 667, subds. (b)-(i), 1170.12) and had served three prior prison terms (§ 667.5, subd. (b)). He was sentenced to a prison term of four years.
On appeal, defendant contends the trial court abused its disc...
Views: 0
124 Cal.Rptr.2d 22 (2002)
101 Cal.App.4th 247
The PEOPLE, Plaintiff and Respondent,
v.
Steven FOSTER, Defendant and Appellant.
No. D037675.
Court of Appeal, Fourth District, Division One.
August 16, 2002.
Review Denied November 13, 2002.[*]
*23 Elizabeth A. Missakian, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druline...
Views: 0
124 Cal.Rptr.2d 34 (2002)
101 Cal.App.4th 263
The PEOPLE, Plaintiff and Respondent,
v.
Darrell Tyjuan ALLEN, Defendant and Appellant.
No. A093927.
Court of Appeal, First District, Division Three.
August 16, 2002.
Review Granted October 23, 2002.
*35 Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Stan M. Helf...
Views: 0
*317Opinion William Maurice Brown has petitioned this court for a writ of mandate directing the superior court to vacate its order requiring him to submit to periodic polygraph examinations at his own expense as a condition of probation. We issued an order to show cause and a temporary stay. We conclude Brown has not demonstrated that periodic polygraph testing is per se invalid in this case. Howe...
Views: 1
124 Cal.Rptr.2d 51 (2002)
101 Cal.App.4th 341
COCHRAN INVESTMENT COMPANY, INC., Plaintiff and Appellant,
v.
BANK OF AMERICA, Defendant and Respondent.
No. B155266.
Court of Appeal, Second District, Division Four.
August 19, 2002.
Rehearing Granted September 18, 2002.[*]
*52 Jerry La Cues, for Plaintiff and Appellant.
Ivanjack & Lambirth and Michael B. Tannatt, Los Angeles, for Defendant and R...
Views: 0
Opinion
In 1998, Scott Edgar Murrison placed rocks and gravel across Big Creek in Trinity County to divert most of its flow into a ditch for use on Big Creek Ranch. He failed to give notice to the Department of Fish and
*354
Game (DFG) as required by Fish and Game Code section 1603. Murrison appeals the judgment enjoining him from diverting the creek without complying with Fi...
Views: 1
Opinion
The Federal Communications Commission (FCC) licensed an amateur radio operator to use certain frequencies for commercial purposes. The City of Rancho Palos Verdes, where the operator resides and his city-approved radio antennae are located, requires a radio operator to obtain a city permit for such usage. The city denied the permit.
Thereafter, upon application by the city, t...
Views: 0
Opinion Appellant Michael Ortiz was convicted of multiple crimes following his kidnapping for carjacking of Jose Moneada. In this appeal, we clarify that the kidnapping for carjacking statute (Pen. Code, § 209.5) does not require that the movement of the victim “substantially” increase the risk of harm to the victim; it requires only that the movement create a risk of harm greater than that inhere...
Views: 0
*469
Opinion
Melvin Spears was injured while he was working aboard a derrick barge owned and operated by his employer, Kajima Engineering & Construction, Inc. Spears applied for and apparently has received benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
1
He filed this action against Kajima alleging he is a “seaman” entitled to recover damage...
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Few persons would welcome the prospect of suppressing a murderer’s uncoerced confession. Often, and quite possibly in this case, such a confession affords the primary evidence linking the suspect to his crime. But cases do occur in which suppressing such a confession becomes not only an unwelcome and distasteful option but a constitutional necessity. This is such a case. As I will explain (post, a...
Views: 1
Opinion
This appeal requires us to determine what an insured must prove in order to establish its rights under a lost or destroyed insurance policy. The trial court found that the insured had introduced sufficient secondary evidence to prove the substance of the policy’s material provisions, and rendered judgment for the insured. The Court of Appeal held that the insured was required instead to p...
Views: 0
Page 161
124 Cal. Rptr. 2d 161 (2002)
28 Cal. 4th 1201
52 P.3d 95
The PEOPLE, Plaintiff and Respondent,
v.
James Allen MAR, Defendant and Appellant.
No. S086611.
Supreme Court of California.
August 22, 2002.
As Modified September 11, 2002.
*163 Carlo Andreani, under appointment by the Supreme Court, for Defendant and Appellant.
Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and D...
Views: 1
Opinion
Resolving a question we left open in People v. Torres (2001) 25 Cal.4th 680, 686, footnote 2 [106 Cal.Rptr.2d 824, 22 P.3d 871], *1182we hold that before a defendant can be committed or recommitted under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq. (SVPA)),1 the trier of fact must find, beyond a reasonable doubt, that the defendant is likely to commit sexually vi...
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Opinion
Defendant Jeremy Brandon, who was charged with sexually molesting a seven-year-old boy, sought discovery of certain information in the personnel records of the two arresting officers. The trial court reviewed the materials in chambers and, as relevant here, ordered the disclosure of a citizen complaint filed against one of the officers 10 years before the arrest in this case. Although Evi...
Views: 0
Opinion
Plaintiff, an employee of a subcontractor on a construction project, was injured on the job and brought this action against the owner of
*434
the property, seeking damages for personal injuries. The property owner moved for summary judgment on the ground that it had not breached a duty to plaintiff. The trial court granted the motion. Plaintiff has appealed.
We c...
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Opinion
Plaintiffs Craig and Kayla Ogborn sued the City of Lancaster (City) and individual city officials for various claims arising out of the City’s demolition of their rented home and its contents as part of a nuisance abatement program. The trial court granted summary judgment in favor of all defendants on the ground of qualified governmental immunity. We reverse the judgment in part ...
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Opinion
Dillingham Construction N.A., Inc., appeals from a postjudgment order awarding fees and costs to Willie M. Greene in this California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; hereafter FEHA) action. It contends that the trial court abused its discretion in: (1) failing to apportion the fee award between Greene’s successful claim and those claims on which he did ...
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Opinion A jury convicted defendant Antoine Nathaniel Watie of voluntary manslaughter and found true the allegation he personally used and discharged a firearm during the course of that crime, causing the victim great bodily injury. (Pen. Code, §§ 192, subd. (a), 12022.5, subd. (a)(1), 12022.53, subd. (d); further undesignated statutory references are to the Penal Code.) The jury also convicted ...
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Opinion Introduction Qui tam 1 plaintiff Nora Armenia and plaintiffs East Bay Municipal Utility District, City and County of San Francisco, and City of Santa Monica petition for a writ of mandate commanding the superior court to vacate its order of March 27, 2002 and enter a new and different order prohibiting most of that which the March 27 order permits real parties in interest James Jone...
Views: 1
*387
Opinion
We issued a writ of review to consider the lawfulness of certain rulings by the Public Utilities Commission (Commission), adjusting the prices public utilities must pay to small privately owned electric generation facilities. (Pub. Utilities Code, § 1756.) We affirm that part of the ruling adopting a new methodology for determining the amount due, but we annul that p...
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*484
Opinion
Introduction
In the case of
In re DeLong
(2001) 93 Cal.App.4th 562 [113 Cal.Rptr.2d 385], we addressed the threshold issue of when Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, and Penal Code section 1210.1, subdivision (a),
1
enacted thereunder, first applied in a criminal proceeding.
2
Today, in the publ...
Views: 1
Opinion
Defendant John Douglas Crosswhite appeals from an order extending his commitment to the state hospital pursuant to Penal Code section 1026.5,
1
which authorizes, under specified conditions, extended commitment of a person found not guilty of a felony by reason of insanity
*498
(§ 1026), beyond the maximum term of commitment to which the person could have be...
Views: 0
Page 312
124 Cal.Rptr.2d 312 (2002)
101 Cal.App.4th 510
In re TINO V., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Tino V., Defendant and Appellant.
2d Juv. No. B155183.
Court of Appeal, Second District, Division Six.
August 22, 2002.
Richard C. Gilman, under appointment by the Court of Appeal, Oxnard, for Defendant and Appellant.
Bill Lockyer, Attorney General, ...
Views: 0
*512Opinion Here we hold Welfare and Institutions Code section 1769, subdivision (b)1 authorizes California Youth Authority (CYA) commitments to age 25 for juveniles under 16 years who commit an offense listed in section 707, subdivision (b). At age 14, Tino V. (Tino) committed two separate offenses of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) He appeals the order that extend...
Views: 0
124 Cal.Rptr.2d 314 (2002)
101 Cal.App.4th 515
The HOME INSURANCE COMPANY, Petitioner,
v.
The SUPERIOR COURT of Los Angeles County, Respondent;
Montrose Chemical Corporation of California, Real Party in Interest.
No. B157650.
Court of Appeal, Second District, Division One.
August 22, 2002.
Review Granted November 13, 2002.
*316 Charlston, Revich, Chamberlin & Williams, Stephen P. Soskin, and ...
Views: 0
124 Cal.Rptr.2d 321 (2002)
101 Cal.App.4th 552
Richard DONALDSON, Plaintiff and Appellant,
v.
NATIONAL MARINE, INC., Defendant and Respondent.
Nos. A092876, A093705.
Court of Appeal, First District, Division One.
August 23, 2002.
Review Granted November 26, 2002.
*322 Phillip R. Bonotto, Sacramento, Brian M. Taylor, Rushford & Bonoto, for Appellant.
Harry F. Wartnick, San Francisco, Martha A....
Views: 0
Opinion
This appeal arises out of a counselor’s sexual molestation of plaintiff, John Y., Jr. (John Y.), while he lived at a group residential facility for emotionally troubled youth. John Y. appeals from a judgment notwithstanding the verdict (JNOV) in favor of defendants Victor Treatment Centers, Inc. (Victor), doing business as Chaparral Treatment Center, Inc. (Chaparral, together Vict...
Views: 0
Opinion
Bearl Edward Murray appeals from an order in this dissolution action deciding reserved issues of spousal support, the division of community property, and attorney fees and costs. We will affirm.
The case began in 1991, when Bearl petitioned for a divorce from his estranged wife, Carole, who was then living in Texas.
1
On Carole’s request, the court ordered Bearl to...
Views: 0
124 Cal.Rptr.2d 359 (2002)
101 Cal.App.4th 605
The PEOPLE, Plaintiff and Respondent,
v.
RANGER INSURANCE COMPANY, Defendant and Appellant.
No. C038457.
Court of Appeal, Third District.
August 26, 2002.
Rehearing Denied September 25, 2002.
Review Denied November 13, 2002.
*360 E. Alan Nunez, Fresno, and Nunez & Bernstein, for Defendant and Appellant.
Karen Keating Jahr, County Counsel, John L....
Views: 0
Opinion
CC Partners appeals from a judgment confirming an arbitration award. In its opening brief CC Partners contends: (1) It was required to arbitrate a claim expressly excluded from arbitration by the parties’ arbitration agreement; (2) the arbitration agreement is so one-sided as to be unenforceable; and (3) assuming the arbitrator properly heard the claim, he committed errors of law ...
Views: 2
124 Cal. Rptr. 2d 373 (2002)
28 Cal. 4th 1083
52 P.3d 572
The PEOPLE, Plaintiff and Respondent,
v.
Isaac GUTIERREZ, Jr., Defendant and Appellant.
No. S018634.
Supreme Court of California.
August 15, 2002.
As Modified August 15, 2002.
Rehearing Denied October 2, 2002.
As Modified October 2, 2002.
Certiorari Denied April 28, 2003.
*388 Paul M. Posner, under appointment by the Supreme Court, Paso Ro...
Views: 0
124 Cal.Rptr.2d 435 (2002)
29 Cal.4th 105
52 P.3d 624
The PEOPLE, Plaintiff and Respondent,
v.
Greg ACOSTA, Defendant and Appellant.
The People, Plaintiff and Respondent,
v.
David Lewis Cornelius, Defendant and Appellant.
Nos. S089120, S068743.
Supreme Court of California.
August 15, 2002.
As Modified August 16, 2002.
As Modified September 11, 2002.
*437 David H. Goodwin, under appointment by the...
Views: 0
124 Cal.Rptr.2d 464 (2002)
28 Cal.4th 1166
52 P.3d 648
The PEOPLE, Plaintiff and Respondent,
v.
Arturo GARCIA, Defendant and Appellant.
In re Arturo Garcia on Habeas Corpus.
No. S097765.
Supreme Court of California.
August 22, 2002.
*465 Maxine Weksler, Agoura Hills, under appointment by the Supreme Court, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druliner and Robert R...
Views: 1
Page 473
Opinion I. Introduction Petitioner Jesse James Andrews was convicted of capital murder. (See People v. Andrews (1989) 49 Cal.3d 200 [260 Cal.Rptr. 583, 776 P.2d 285] (Andrews I).) As recounted in Andrews I, the evidence at trial established the following: “On the evening of December 9, 1979, police were summoned to the Los Angeles apartment of Preston Wheeler. There they found the bodies of Wheele...
Views: 0
124 Cal. Rptr. 2d 507 (2002)
29 Cal. 4th 53
52 P.3d 685
EQUILON ENTERPRISES, LLC, Plaintiff and Appellant,
v.
CONSUMER CAUSE, INC., Defendant and Respondent.
No. S094877.
Supreme Court of California.
August 29, 2002.
*509 McCutchen, Doyle, Brown & Enersen, Leslie G. Landau, San Francisco, Colleen P. Doyle, Los Angeles, Deborah A. Nolan, Matthew Moran, Robert A. Brundage, Margaret Prinzing and...
Views: 3
Opinion
Must a defendant, in order to obtain a dismissal of a strategic lawsuit against public participation (SLAPP)1 under Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), demonstrate that the action was brought with the intent to chill the defendant’s exercise of constitutional speech or petition rights? For the following reasons, we conclude not.2
Background
As ...
Views: 0
124 Cal.Rptr.2d 519 (2002)
29 Cal.4th 69
52 P.3d 695
CITY OF COTATI, Plaintiff and Appellant,
v.
Gene CASHMAN et al., Defendants and Respondents.
No. S099999.
Supreme Court of California.
August 29, 2002.
*522 Endeman, Lincoln, Turek & Heater, Donald R. Lincoln, Henry E. Heater, San Diego. Linda B. Reich, San Diego; Walter & Pistole and Jeffrey A. Walter, Sonoma, for Plaintiff and Appella...
Views: 1
Opinion
The question presented is whether this action based on the defendant’s having filed counterclaims in a prior, unrelated proceeding in federal court, is one “arising from” activity protected by Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), which provides for early dismissal of certain actions known as “strategic lawsuits against public participation.”1 We...
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Opinion Espresso Roma Corporation, Pacific Espresso Corporation, and David S. Boyd doing business as Hillside Residence Hall (appellants) appeal from a judgment dismissing their complaint alleging several causes of action against Bank of America, N.A. (Bank), based upon its payment of forged checks drawn on appellants’ accounts by one of their former employees. The court entered judgment in fav...
Views: 0
*618
Opinion
Leslie J. Goldstein, represented by the law firm of Posner & Rosen LLP and lawyers Howard Rosen and Lawrence Posner,
1
sued Swat-Fame, Inc., for fraudulent inducement to enter into an employment contract and other claims arising out of her employment as a Swat-Fame sales representative. At her deposition, Goldstein admitted certain representations by Swat-...
Views: 0
Opinion
In this appeal, we interpret Revenue and Taxation Code sections 6811 (section 6811) and 6812 (section 6812) in the context of a bulk
*542
sale. A bulk sale is a sale of most or all of a business’s inventory and equipment. Sections 6811 and 6812 apply when a business that owes sales or use taxes is being sold. Section 6811 requires the buyer of the business or the busi...
Views: 0
Opinion
Introduction
In the first of these consolidated appeals, plaintiff Robert K. Whiteside appeals from summary judgment granted in favor of defendants Tenet Healthcare Corporation and its related entities (collectively Tenet). White-side sued Tenet, the entity which owns and operates a hospital at which Whiteside received medical treatment, claiming that Tenet breached its admis...
Views: 2
Opinion
During the last three and one-half years, the Orange County District Attorney’s Office (the district attorney) has filed three criminal complaints charging petitioner Steven Robert Miller with robbery, first-degree burglary, and automobile theft, conducted three preliminary examinations, and twice dismissed the action on the eve of trial. After the third filing, petitioner unsucce...
Views: 0
Opinion
We confront what one commentator has characterized as “the thorny question of contract construction raised by the generic choice-of-law clause” in an agreement calling for the resolution of disputes by arbitration.
1
Appellant Health Net of California, Inc. (Health Net) appeals from the denial of its petition to compel arbitration of the claims of respondent Mount Diabl...
Views: 0
Opinion
The Legislature has declared that, under the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.; hereafter the Coastal Act), one of the goals of the California Coastal Commission (the Commission) is to maximize public access to the beach. Here, the Commission sought to accomplish this goal by permitting real party in interest property owners on Carbon Beach in Ma...
Views: 1
*825
Opinion
Several of plaintiffs relatives signed an agreement obligating each of them to make a will leaving the family home to plaintiffs father. If all of the signatories had honored the agreement, plaintiff would have received the property by way of his father’s will. Instead, plaintiffs grandmother changed her will shortly before her death, which had the effect of leaving ...
Views: 0
Opinion It is settled that a doctor’s duty to disclose serious potential complications to a patient before performing a medical procedure is *751not defined by the standards of the medical community. (Arato v. Avedon (1993) 5 Cal.4th 1172, 1191 [23 Cal.Rptr.2d 131, 858 P.2d 598] (Arato).) However, whether a risk of serious complications exists can be a question appropriately reserved for resolutio...
Views: 0
Opinion
I. Introduction
Petitioners Diane L. Johnson (Diane) and Ronald G. Johnson (Ronald) (the Johnsons), along with their minor daughter Brittany L. Johnson (Brittany), filed an action against real party in interest, California Cryobank, Inc. (Cryobank), and its employees, officers and directors, real parties in interest Charles A. Sims, M.D. and Cappy M. Rothman, M.D., alleging r...
Views: 0
Opinion
The Sacramento Police Officers Association and police officer Michael B. Kime appeal from a judgment denying their petition for a writ of mandate against Arturo Venegas, Jr., as Chief of Police, and the City of Sacramento. The interests of the Sacramento Police Officers Association and of Kime are unified; thus, for convenience, we will refer to their positions as those of Kime. The inter...
Views: 0
Page 677
*934 Opinion Karen C., a 12-year-old child, appeals from an order of the juvenile court denying her petition for an order determining the existence of a mother and child relationship between Leticia C. and her. Though Leticia joined in the petition, she is not a party to this appeal. We will vacate the order and remand the matter to the juvenile court for further hearing and consideration i...
Views: 0
Opinion Defendant Maher Mehaisin was charged with withholding his six-year-old daughter and his four-year-old son from their lawful custodian, their mother. (Pen. Code, § 278.5; further undesignated statutory references are to the Penal Code.) In the published portion of this opinion, we hold defendant’s offer of proof of an affirmative defense of necessity was properly rejected as insufficient...
Views: 0
Page 688
124 Cal.Rptr.2d 688 (2002)
101 Cal.App.4th 942
In re L. Y. L., a Person Coming Under the Juvenile Court Law.
San Diego County Health and Human Services Agency, Plaintiff and Respondent,
v.
L. L., Defendant and Appellant.
No. D039515.
Court of Appeal, Fourth District, Division One.
September 4, 2002.
As Modified on Denial of Rehearing October 2, 2002.
Review Denied November 13, 2002.
*691 Joseph T...
Views: 0
Opinion
L. L. appeals a judgment terminating her parental rights to her daughter, L. Y. L., under Welfare and Institutions Code section 366.26.1 L. contends she established two exceptions to terminating parental rights: the recently enacted section 366.26, subdivision (c)(1)(E) sibling relationship exception and the section 366.26, subdivision (c)(1)(A) beneficial relationship exception. She also...
Views: 0
*36Opinion
Under California law, the State Board of Chiropractic Examiners (Board) may discipline any chiropractor who engages in professional misconduct. A chiropractor accused of misconduct is entitled to a hearing before an administrative law judge, whose proposed decision is reviewed by the Board. A chiropractor found to have committed misconduct may be ordered to pay the “reasonable costs of...
Views: 1
Opinion Introduction In a 1991 final judgment on dissolution of the marriage of appellant Harold A. Ellis (Harold) and respondent Madeline Ellis (Madeline),1 the trial court reserved jurisdiction of the issue whether there is a community property interest in a medical subsidy available to Harold upon his subsequent retirement. In January 2001, after Harold’s retirement, Madeline requested the tria...
Views: 0
Opinion Marilyn Jessop-Humblet, as trustee of the Humblet Family Tmst, appeals an order that Kenton W. Nairne’s proposed complaint would not violate a no contest clause in the Humblet Family Tmst. Nairne claimed, in his proposed complaint, that Marilyn and her husband had orally agreed to give certain property to him and therefore that property should not have been included in the tmst. We conc...
Views: 1
Opinion The Santa Monica Chamber of Commerce and Daniel L. Ehrler (collectively Chamber of Commerce) sued the City of Santa Monica (City) under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) 1 (CEQA), after City failed to prepare an environmental impact report (EIR) before adopting legislation that created a large, residents-only, permit-required parking distr...
Views: 0
Page 744
Opinion
In this case of first impression, we decide whether redevelopment construction is exempt from the imposition of school-impact fees under Education Code section 17620, subdivision (a)(1)(C)(i). The statutory provision does not expressly address redevelopment construction. However, the legislative history and the statutory exemptions given other types of construction under Education...
Views: 0
124 Cal.Rptr.2d 765 (2002)
101 Cal.App.4th 1256
The PEOPLE, Plaintiff and Respondent,
v.
Jason Lamont TROTTER, Defendant and Appellant.
No. B149459.
Court of Appeal, Second District, Division Seven.
September 4, 2002.
As Modified September 24, 2002.
Review Granted November 20, 2002.
Review Dismissed May 14, 2003.
*766 Carl M. Hancock, under appointment by the Court of Appeal, Chula Vista, for Def...
Views: 0
124 Cal.Rptr.2d 776 (2002)
101 Cal.App.4th 1149
The PEOPLE, Plaintiff and Appellant,
v.
Edwin Mark GREGORY, Defendant and Respondent.
No. F037202.
Court of Appeal, Fifth District.
September 4, 2002.
Review Granted November 26, 2002.
*779 Phillip J. Cline, District Attorney, Don H. Gallian and Carol B. Turner, Assistant Attorneys, for Plaintiff and Appellant.
Eric S. Multhaup, Mill Valley, for Def...
Views: 0
Opinion
Defendant Gustavo Orlando Ulloa was charged with two counts of sodomy of a person under age 18, in violation of
*1003
Penal Code section 286, subdivision (b)(1),
1
and five counts of oral copulation with a person under age 18, in violation of section 288a, subdivision (b)(1). A jury convicted him of one count of oral copulation with a person under age 18. H...
Views: 0
*1013 Opinion Defendant appeals from a judgment following jury trial upon charges of felony assault on a public official and misdemeanor resisting, delaying and obstructing a peace officer. He claims the trial court did not have authority to order that he be tested for AIDS or other communicable diseases and that, if Health and Safety Code section 121060 is determined to cover sweat, the stat...
Views: 0
Page 818
*1042
Opinion
In this case, we are asked to address the question of the proper meaning and construction to be given to the language of causation utilized in a policy of liability insurance and in a related contract of indemnity. We are asked to determine and apply the meaning of the phrases “resulting from,” “arising from” and “arising out of’ in the context of a limitation to (1...
Views: 0
Page 835
124 Cal.Rptr.2d 835 (2002)
101 Cal.App.4th 1026
In re Charles Alex BLACK on Habeas Corpus.
No. A094946.
Court of Appeal, First District, Division Five.
September 5, 2002.
Review Granted December 18, 2002.
*836 Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Darrell Lepkowsky, Senior Assistant Attorney Genera...
Views: 0
124 Cal.Rptr.2d 844 (2002)
101 Cal.App.4th 1073
ROSENBLUTH INTERNATIONAL, INC., Petitioner,
v.
The SUPERIOR COURT of Los Angeles County, Respondent. Jose Serrano, Real Party in Interest.
No. B158675.
Court of Appeal, Second District, Division Five.
September 5, 2002.
As Modified September 11, 2002.
Review Denied December 11, 2002.[*]
*845 Seyfarth, Shaw, F. Scott Page and Damon C. Anastasia, Los ...
Views: 0
Opinion
Under California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.),1 a private plaintiff who has itself suffered no injury may file an action for restitution and/or injunctive relief against a person or business entity alleged to be engaged in any “unlawful, unfair or fraudulent business act or practice . . . .” (§ 17200.) As our courts have liberally construed the UCL, ...
Views: 1
*1065
Opinion
A retired county employee receiving a disability allowance commits a crime and is ordered to make restitution to the victim. The county retirement system is maintained under the County Employees Retirement Law of 1937 (CERL). (Gov. Code, § 31450 et seq.)
1
If the retired employee fails to make restitution, can the trial court order the county retirement s...
Views: 0
Opinion
This dispute concerns the Santa Monica rent control law. The owner of a trailer park argues that the Santa Monica Rent Control Board has no jurisdiction to determine whether mobilehome leases are subject to rent control. The trial court found that the rent control board is entitled to determine whether the leases are exempt from rent control, and is authorized to impose excess ren...
Views: 0
Opinion
Objecting to an invocation given at a Burbank City Council meeting which ended with an expression of gratitude and love “in the name of Jesus Christ,” plaintiffs sought and were granted injunctive and declaratory relief against the city. The trial court ruled that the inclusion of “sectarian prayer” in city council meetings violated the establishment clause of the United States Co...
Views: 1
Opinion Jean Daniel Roulier appeals from a judgment of dismissal based on forum non conveniens. He contends that Switzerland is not a suitable alternative forum, and that the balance of private and public interest factors weighs in favor of retaining jurisdiction in California. While we agree with the trial court that Switzerland is a suitable forum, in the context of the unusual procedural his...
Views: 1
Opinion Family Code section 4962 allows California courts to modify another state’s child support order if, among other things, the obligor of the order “resides” in California. The question presented is whether a person “resides” in California while stationed here in the military, even though his domicile remains in another state. We conclude he does not “reside” here for the purpose of applying ...
Views: 0
*1425 Opinion Under California Rules of Professional Conduct, Rule 3-310 (Rule 3-310) an attorney may not accept a new representation of multiple clients when there exists a potential conflict of interest between those prospective clients, and must withdraw from an existing representation of multiple clients when an actual conflict of interest arises among those existing clients. (Rul...
Views: 0
Opinion Defendant was convicted by jury trial of two counts of rape of an unconscious person (Pen. Code, § 261, subd. (a)(4)), one count of inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and one count of battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)). The jury found true an allegation that he had personally inflicted great bodily injury (Pen. ...
Views: 0
124 Cal.Rptr.2d 911 (2003)
102 Cal.App.4th 85
LOS ANGELES POLICE PROTECTIVE LEAGUE, Plaintiff and Appellant,
v.
CITY OF LOS ANGELES et al., Defendants and Respondents.
No. B151027.
Court of Appeal, Second District, Division Four.
September 18, 2002.
Review Denied January 15, 2003.
*913 Silver, Hadden & Silver, Stephen H. Silver, Santa Monica, and Elizabeth S. Tourgeman, for Plaintiff and Appe...
Views: 0
Opinion
In this declaratory relief action, we conclude that the procedure for administrative challenge to a punitive reduction in pay grade or deselection from a bonus position for an employee of the Los Angeles Police Department (Department) does not satisfy the due process requirements of the federal and state Constitutions and does not comply with the mandates of the Public Safety Officers Pro...
Views: 0
Opinion
The jury is hopelessly deadlocked in a criminal trial. Here we conclude the trial court erred by asking questions of the jurors that revealed the identity of the lone holdout juror, by allowing the prosecution to examine the holdout juror, and by allowing testimony from only those jurors who claimed the holdout juror was not deliberating in good faith.
Roderick Terrell Barber...
Views: 0
124 Cal.Rptr.2d 924 (2002)
102 Cal.App.4th 191
Thomas HUNTER, Plaintiff and Respondent,
v.
LOS ANGELES CIVIL SERVICE COMMISSION, Defendant,
County of Los Angeles, et al., Real Parties in Interest and Appellants.
No. B153508.
Court of Appeal, Second District, Division Four.
September 19, 2002.
Rehearing Denied October 2, 2002.
Review Denied December 11, 2002.
Liebert, Cassidy, Whitmore, Debra L. B...
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Opinion This is an appeal from a judgment ordering the Los Angeles County Civil Service Commission (Commission) to exercise jurisdiction over an appeal from a denial of promotion pursuant to the Public *193Safety Officers Procedural Bill of Rights (Gov. Code, § 3300 et seq.).1 We conclude the Commission lacks jurisdiction to hear and decide the appeal. We therefore reverse the judgment. Factual an...
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