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All Reporters → cal-rptr-2d → Volume 42

Opinions in cal-rptr-2d Volume 42

Opinion Plaintiffs and appellants Operating Engineers Pension Trust, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust (the Trusts) appeal a judgment following a grant of summary judgment in favor of defendant and respondent Insurance Company of the West (West). The Trusts seek to collect on certain ...
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Opinion Defendant and appellant Alexander Rutan Joehnk was convicted of driving under the influence of an alcoholic beverage (Veh. Code, 1 § 23152, subd. (a)), and of driving with a blood-alcohol level of 0.08 or higher (§ 23152, subd. (b)). He appeals, arguing the trial court erred in allowing a police officer to use findings from horizontal gaze nystagmus (HGN) testing as a b...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1224 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1225 OPINION Marco Antonio Castaneda appeals his convictions for drug possession on two separate occasions after th...
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Opinion Marco Antonio Castaneda appeals his convictions for drug possession on two separate occasions after the trial court denied his motion to suppress evidence. He raises the same issue on appeal as he did in his motion: did the police officers unreasonably detain and frisk him? We affirm. Facts In 1989, a police officer contacted Castaneda while he was seated in the passenger seat of an illega...
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Opinion State law protects public safety officers from being compelled to submit to polygraph examinations against their will. (Gov. Code. § 3307.) 1 We conclude that a city police department may require a polygraph examination for officers who voluntarily seek to be promoted or transferred into a few specialized divisions where the work is unusually sensitive and requires the ...
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10 Cal.4th 594 (1995) 896 P.2d 776 42 Cal. Rptr.2d 50 MARY ANN WARFIELD, Plaintiff and Appellant, v. PENINSULA GOLF & COUNTRY CLUB et al., Defendants and Respondents. Docket No. S031285. Supreme Court of California. June 29, 1995. *598 COUNSEL Belli, Belli, Brown, Monzione, Fabro & Zakaria, Melvin M. Belli, Kevin R. McLean, Shelley R. Antonio, Vincent M. O'Brien and Randall H. Scarlett fo...
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Opinion Under governing statutes, a plaintiff is required to serve a defendant, with the summons and complaint within three years of filing the complaint in order to avoid a dismissal. (Code Civ. Proc., §§ 583.210, subd. (a), 583.250.) 1 Section 583.240 provides, however, for the tolling of the three-year period under a number of specified circumstances. The issue in the case b...
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Opinion Plaintiffs Domingo and Katherine Legarra brought a declaratory action seeking to establish defendant Federated Mutual Insurance Company’s duty to defend and indemnify them in connection with a demand by the California Regional Water Quality Control Board for certain response costs for groundwater contamination on their property. Defendant successfully moved for summary judgment on...
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Opinion Appellant Margaret L. Banks contends the trial court wrongly granted summary judgment against her numerous legal claims. All these claims arise from her contentions that she was improperly given grades of “incomplete” in a private university program leading to a teaching credential, and was dismissed from this program, after a number of disturbing episodes of unprofessional or una...
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Opinion This appeal involves a procedural attack on the trial court’s decision to grant a new trial motion and concerns the sufficiency of evidence to support an award of damages. The matter arises from a breach of contract action for the purchase and sale of replicated video discs. The issue is not whether damages should have been awarded, but whether the amount of the award was excessiv...
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Opinion Anthony Brown appeals a judgment after a jury convicted him of second degree murder of a human fetus (Pen. Code, 1 § 187, subd. (a)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). He contends section 187 is unconstitutional as applied to his case; the trial court erred in failing to instruct the jury on the lesser included offense of manslaughter; th...
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Opinion The issue presented is whether a jury can award exemplary damages when it has expressly determined that the plaintiffs were entitled to “0.00” compensatory damages. Our answer is No. Background The latest episode in a bitter and protracted dispute concerning a rundown residential property under the control of Ron Daley was a complaint in which neighbors to the property a...
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Opinion The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent Edward Donald Monaghan, Jr.’s, petition for writ of mandate, which sought to set aside the suspension of Monaghan’s driving privilege for driving with an illegal blood-alcohol concentration (BAG). The judgment grants the writ without prejudice to the DMV’s holding of an administrative hearing to review th...
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Opinion In this appeal, we conclude that the Knox-Keene Health Care Service Plan Act of 1975 (Act) (Health & Saf. Code, § 1340 et seq.) and section 1300.46 of title 10 of the California Code of Regulations (hereafter regulation 1300.46) prohibit a broker of health care service plans from rebating commissions to his clients. Plaintiff James R. Schmidt worked as an independent broker f...
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Opinion In this breach of insurance contract action, the trial court granted summary judgment motions for the insurer (Sun Insurance Company of New York; Sun) and its managing general agent (Wm. H. McGee & Co., Inc.: McGee), entered a judgment of dismissal for the insurance broker (Sander A. Kessler & Associates, Inc.; Kessler), granted a summary judgment motion for the insurer on its cro...
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Opinion Following an accident with an underinsured motorist, plaintiffs Michael and Mary Sutton who held three separate automobile insurance policies on three separate vehicles with defendant Farmers Insurance Exchange (Farmers), unsuccessfully sought coverage under the policy with the highest underinsured motorist liability limit. Thereafter, plaintiffs filed the instant action for declaratory...
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Opinion In this petition for extraordinary relief, we determine an indigent parent is entitled to appointed appellate counsel where that parent’s rights have been terminated in a proceeding freeing his or her child from custody and control (Fam. Code, 1 § 7822) or in a proceeding declaring that parent’s consent unnecessary for a stepparent adoption. (§§ 9000, 8604.) Relying on ...
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35 Cal.App.4th 1774 (1995) 42 Cal. Rptr.2d 200 In re ELIZABETH R. et al., Persons Coming Under the Juvenile Court Law. SHASTA COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. REBECCA R., Defendant and Appellant. Docket No. C018820. Court of Appeals of California, Third District. June 27, 1995. *1777 COUNSEL Ann Jory, under appointment by the Court of Appeal, for Defendant and Ap...
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Opinion In this case we are called upon to consider the authority of the juvenile court to extend the time parameters ordinarily applicable to dependency proceedings in an unusual circumstance where a parent’s hospitalization for mental illness compromises her ability to participate in reunification services. The mother, Rebecca, was hospitalized for all but five months of the reunification phase...
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Opinion Petitioner, Armando L., Sr., petitions for a writ of mandate directing the juvenile court to set aside its order of March 13, 1995, ordering the department of children and family services (DCFS) to provide permanent placement services for his son, Armando L., Jr. (the minor), and setting a Welfare and Institutions Code section 366.26 1 selection and implementation heari...
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*277 Opinion In this case we hold that a trial court may order joinder of a personal injury action with a related uninsured motorist arbitration proceeding, where such joinder is necessary to prevent inconsistent rulings. Real parties in interest Melissa and Ronald Louie are plaintiffs in a personal injury action against two motorists, each of whom rear-ended the Louies’ car...
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Opinion This case of first impression presents the question of whether the “three strikes” law prevents a trial judge from sentencing a “wobbler” as a misdemeanor. We hold that it does not. The People appeal from a judgment entered following respondent Kenneth Lester Vessell’s no contest plea to a charge that he violated Penal Code section 273.5, subdivision (a), 1 after h...
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Opinion In the latter part of 1994, appellant Reginald Green was convicted by a jury of selling rock cocaine to an undercover police officer (Health & Saf. Code, § 11352, subd. (a)). Following a jury waiver, prior convictions for petty theft with a prior and first degree burglary were found true by the trial court. *282 Since the prior burglary conviction qualified as a “fir...
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Opinion In this case, we decide that when a lender does not require in its contract that the borrower obtain earthquake insurance on the property securing the loan, it has no right under the contract to receive or control the insurance proceeds paid as a result of earthquake damage to the property. Factual and Procedural Summary On June 27, 1988, petitioner Phyllis Ziello (borro...
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*680 Opinion The trial court did not abuse its discretion by ordering dismissal of this case after the appellant, the California Casualty Indemnity Insurance Company (the Company), failed to appear both at the case management conference and at the hearing on an order to show cause (OSC) regarding dismissal. We affirm. Facts On January 4, 1994, the Company filed a complaint seeking recover...
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36 Cal.App.4th 393 (1995) 42 Cal. Rptr.2d 260 ROBERT DEMYER et al., Plaintiffs and Appellants, v. COSTA MESA MOBILE HOME ESTATES et al., Defendants and Respondents. Docket No. G013481. Court of Appeals of California, Fourth District, Division Three. June 30, 1995. *394 COUNSEL Peter L. Recchia and Stephen I. Blanchfill for Plaintiffs and Appellants. Swanson & Dowdall, Swanson & Gieser and...
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Opinion This case arises under the so-called “three strikes” legislation (Pen. Code, § 667, subds. (b)-(i); Stats. 1994, ch. 12, §§1-2). In late 1993 defendant entered a plea of guilty to one count of residential burglary (Pen. Code, § 459; all further statutory references are to the Penal Code unless otherwise specified), a serious felony under section 1192.7, subdivision (c)(18). He was...
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Opinion Ernest Dwaine Butler was charged with first degree burglary (Pen. Code, §§ 459-460, subd. 1) and grand theft (Pen. Code, § 487, former subd. 1.) A jury returned a verdict acquitting appellant of the burglary charge, but finding him guilty of grand theft. Appellant appeals from the judgment entered upon this verdict. His sole contention on appeal is that he was deprived of the effective ...
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Opinion California lettuce grower and distributor KGM Harvesting Company (hereafter seller) had a contract to deliver 14 loads of lettuce each week to Ohio lettuce broker Fresh Network (hereafter buyer). When the price of lettuce rose dramatically in May and June 1991, seller refused to deliver the required quantity of lettuce to buyer. Buyer then purchased lettuce on the open market in o...
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Opinion Plaintiff and appellant Wilhelmina B. Pruyn (plaintiff) appeals from a judgment which dismissed her complaint brought against multiple insurance companies under the “direct action” provisions of the Insurance Code. (Ins. Code, § 11580, subd. (b)(2).) 1 The trial court sustained the objections to plaintiff’s pleading by the defendant and respondent insurers 2 ...
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*534 Opinion In this prosecution for driving while under the influence of alcohol, the parties agree that the arrest was violative of Penal Code section 836, subdivision (a)(1) which requires that a warrantless arrest for a misdemeanor be committed in the presence of the arresting officer. The parties also agree that the judicially created exclusionary rule mandating that evidence obtained in...
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Opinion Plaintiffs/appellants Norton Kamo et al. appeal the dismissal of their legal malpractice action against defendants/respondents W. Craig Biddle et al. 1 after respondents’ demurrer was sustained without leave to amend on statute of limitations grounds. (Code Civ. Proc., § 340.6, subd. (a)(1), (2).) 2 Appellants contend the trial court erred regarding the comme...
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Opinion In Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal.3d 674 [274 Cal.Rptr. 387, 798 P.2d 1230] (Prudential-LMI), we examined the issue of allocation of indemnity among insurers in a first party property insurance case, where a loss had occurred over several policy periods but was not discovered until several years after it commenced. We found the “manifestation of loss rule” a...
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10 Cal.4th 698 (1995) 896 P.2d 1365 42 Cal. Rptr.2d 355 In re M.S., a Minor. THE PEOPLE, Plaintiff and Respondent, v. M.S., Defendant and Appellant. In re A.G., a Minor. THE PEOPLE, Plaintiff and Respondent, v. A.G., Defendant and Appellant. Docket No. S035200. Supreme Court of California. July 3, 1995. *706 COUNSEL Stewart C. Pollack, Jean Allan, under appointments by the Supreme Court, Jeff Bro...
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I concur in the judgment. The majority’s disposition is correct, and I join in it. But I cannot agree with the majority’s analysis of Penal Code sections 422.6 and 422.7 (all statutory references are to this code). I. The majority have misconstrued the intent requirement of section 422.6 in a manner that will make prosecuting hate crimes more difficult. Section 422.6 provides, “No person . . . sha...
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Opinion In this case we construe Penal Code section 422.75, one of California’s “hate crimes” statutes.1 Section 422.75 provides for imposition of a sentence enhancement for felonies committed because of the victim’s race, color, nationality, country of origin, ancestry, disability or sexual orientation. The trial court granted real parties’ pretrial motion to dismiss the section 422.75 allegation...
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Opinion The City of Pismo Beach and its city council (City) appeal from a trial court order overruling their demurrer to and granting a petition *1603 for writ of mandate filed by former City Police Officer Mark Stewart (Stewart). The writ compels the City to provide Stewart with a defense, i.e., separate counsel, in a federal civil rights action filed against him, the City, ...
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Opinion Defendant Robert C. Weatherford (Weatherford) appeals from the trial court’s order denying his petition for equitable relief from a judgment in favor of plaintiff County of Alameda (the County). Weatherford contends that he is entitled to equitable relief from the judgment on the *668 ground that it is not clear and definite on the issue of interest. 1 We a...
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Opinion Plaintiff Daniel Hussey appeals from the judgment entered following the grant of summary judgment in favor of defendant Operating Engineers Local Union No. 3 of the International Union of Operating Engineers (the Union). 1 We have determined summary judgment was properly granted. I Procedural and Factual Background Hussey filed a complaint against the Union and its business agen...
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Opinion This is the second appeal before us in this action by a home seller against an escrow agent for various misdeeds which allegedly occurred in connection with the sale of plaintiff’s house. In the first appeal we held that the trial court properly concluded that plaintiff’s claims for impairment of security were barred by plaintiff’s full credit bid at the trustee’s sale. But we als...
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Opinion The Department of Motor Vehicles (DMV) appeals from a judgment granting respondent John Robert Baldwin’s petition for writ of mandamus, in which Baldwin sought to overturn the DMV’s order revoking his driver’s license. The DMV issued the order after receiving notice of Baldwin’s third conviction for driving under the influence of alcohol. The judgment directs the DMV to vacate its...
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Opinion Plaintiff General Motors Corporation brought an action for a refund of business taxes imposed by the defendant City of Los Angeles pursuant to provisions of its municipal code on the ground that the taxes are discriminatory and violate both the California and the United States Constitutions. After a bench trial, judgment was entered in favor of the city. General Motors appeals. I In...
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Opinion This case presents the unusual question whether the alleged gender bias of the trial judge requires us to set aside his judgment. Appellant, Marie Catchpole, commenced this litigation in the Superior Court of Humboldt County, asserting claims of sexual harassment, assault and battery, and intentional and negligent infliction of emotional distress against respondents, Melody a...
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*1768 Opinion This is an appeal from an order denying a motion to set aside a default judgment in an action for declaratory and injunctive relief regarding Lisle Steven Saum’s claimed right-of-way easements over property owned by Leroy and Sally Reppert. The Repperts answered the Saum complaint and filed a cross-complaint. Saum failed to answer the cross-complaint and his de...
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Opinion This appeal and the related cross-appeal involve the sufficiency of monetary damages awarded to a landlord after a long-time commercial tenant vacated and left the premises in disrepair. The property in question is a commercial building on La Cienega Boulevard in Culver City, which was operated at all relevant times as the Dorman-Winthrop men’s clothing store. Appellant and c...
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Opinion Plaintiff and appellant John O. Robertson (Robertson) appeals a judgment striking his complaint and dismissing his action pursuant to Code of Civil Procedure section 425.16 and awarding $15,000 in attorney *352 fees to defendants Alex Rodriguez (Rodriguez), Jack Cluck, Joseph Graffio and David Silva (collectively, defendants). 1 Defendants also appeal, se...
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36 Cal.App.4th 363 (1995) 42 Cal. Rptr.2d 498 In re TITLE U.S.A. INSURANCE CORPORATION in Liquidation. CHARLES QUACKENBUSH, as Insurance Commissioner, etc., Plaintiff and Appellant, v. ARMATO, GAIMS, WEIL, WEST & EPSTEIN, Defendant and Respondent. Docket No. G014366. Court of Appeals of California, Fourth District, Division Three. June 30, 1995. *365 COUNSEL Daniel E. Lungren, Attorney Genera...
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Opinion The Insurance Commissioner of the State of California (the Insurance Commissioner) was appointed as the conservator and liquidator of Title U.S.A. Insurance Corporation (Title U.S.A.) in a proceeding brought under section 1010 et seq. of the Insurance Code.1 The Insurance Commissioner filed suit against the law firm of Armato, Gaims, Weil, West & Epstein (Armato) to recover from it money ...
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Opinion In this declaratory relief action brought by an insurance company against two third party claimants that had obtained a liability judgment against the carrier’s insured, the trial court held that the claimants, having been dragged into this coverage dispute by the carrier, had no standing to litigate the carrier’s waiver of its right to deny coverage. We reverse. Background ...
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Opinion Respondents Thomas E. Kaljian and Todd Merrill recovered judgment based on a jury’s special verdict against appellants Richard Menezes, 1 Herman Menezes, John Menezes, and Triple M Cattle Company. The judgment was for $2,165,111, consisting of $2,090,375 in contract damages, $49,736 in fraud damages, and $25,000 in punitive damages. The action arose from Menezes’ termin...
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Opinion Gwendolyn Matthews (Matthews) petitions for a writ of mandate after the court denied her peremptory challenge to a judge under Code of Civil Procedure 1 section 170.6. Matthews had previously exercised one challenge pursuant to section 170.6 and attempted to exercise another challenge after the second trial judge granted a summary judgment motion and was partially rever...
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OPINION Rejecting defendant's claims that a defense witness should have been compelled to testify, we affirm his cocaine trafficking conviction. We hold that a convicted defendant retains his Fifth Amendment privilege as to subsequent proceedings against other defendants at least until the time he no longer retains the right to file a timely notice of appeal. BACKGROUND An undercover officer appr...
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Opinion Rejecting defendant’s claims that a defense witness should have been compelled to testify, we affirm his cocaine trafficking conviction. We hold that a convicted defendant retains his Fifth Amendment privilege as to subsequent proceedings against other defendants at least until the time he no longer retains the right to file a timely notice of appeal. Background An undercover officer appro...
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36 Cal.App.4th 692 (1995) 42 Cal. Rptr.2d 529 THOMAS SHELLEY, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent. Docket No. B074981. Court of Appeals of California, Second District, Division Four. July 7, 1995. *693 COUNSEL Vogt & Resnick, James D. Vogt and William A. Kent for Plaintiff and Appellant. James K. Hahn, City Attorney, Thomas C. Bonaventura, Chief Assistant...
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Opinion Plaintiff and appellant Thomas Shelley appeals seeking review of a class certification order on the ground that a broader class should have been included. Because we believe that an order partially certifying a class is not a final judgment and therefore not appealable, we dismiss. I In May of 1986, appellant was cited for allegedly parking in a “no parking” zone, which resulted in his ca...
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Opinion In this case, we are called upon to interpret a construction lender’s obligation to an “original contractor" under the “stop notice” provisions of former Civil Code sections 3159 and 3162.1 1 The precise issue before us is whether the second, italicized sentence in each of the statutes *686 conditions a construction lender’s obligation to withhold funds aft...
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Opinion Following her plea of no contest to one count of possession of methamphetamine, defendant Theresa May Mitchell appeals on the sole ground that her motion to suppress evidence was erroneously denied. We disagree and affirm the judgment. We hold here that pursuant to the arrest of an occupant of a vehicle, police may search the passenger compartment and any containers therein, inclu...
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Opinion Appellant Isaías Frausto pled guilty to a violation of Penal Code section 264.1, rape while acting in concert. He appeals from an order requiring him to undergo AIDS testing pursuant to section 1202.1 of the Penal Code, arguing that section 264.1 is not specifically listed in section 1202.1 as one of the offenses on which an order for compulsory AIDS testing can be based. We hold that a...
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Opinion A jury convicted Gerald Frank Stanley of the first degree murder of Cindy Rogers Stanley (Pen. Code, §§ 187, 189) 1 (count I), arson of an inhabited dwelling (§ 451) (count II) and burglary of an inhabited trailer coach (§ 459) (count III). The jury also found that defendant personally used a firearm in the commission of the murder. (§ 12022.5.) The jury found true the special circums...
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10 Cal.4th 844 (1995) 897 P.2d 530 42 Cal. Rptr.2d 592 ALFONSO MACIAS et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents. Docket No. S039245. Supreme Court of California. July 17, 1995. *846 COUNSEL Litt, Marquez & Fajardo, Litt & Marquez, Barrett S. Litt, Anne Richardson and Ben Margolis for Plaintiffs and Appellants. Patti A. Goldman, Kriste...
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*875Opinion The Commission on Judicial Performance (Commission) has filed in this court its recommendation that G. Dennis Adams, a judge of the Superior Court of San Diego County (petitioner), be removed from office. (See Cal. Rules of Court, rule 919(a).)1 In support of its recommendation, the Commission submitted findings of fact and conclusions of law determining that petitioner had committed ...
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Opinion Defendant Jeffrey Hawkins was found guilty by a jury of two counts of first degree murder, as well as one count each of robbery and attempted murder. The jury also found true two special circumstances— felony murder (Pen. Code, § 190.2, subd. (a)(17)(i)) 1 for a murder committed in the course of a robbery, and multiple murder (§ 190.2, subd. (a)(3)). After the first jur...
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Opinion George Bostrom was severely injured when the small plane he was piloting crashed on takeoff from Chino Airport. The County of San Bernardino (the County) owns Chino Airport. The County leased land at the airport to Cal West Aviation for the purpose of providing jet fueling and other services. The crash occurred because an employee of Cal West Aviation fueled the plane with jet fue...
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Opinion Pursuant to a plea agreement, defendant pleaded guilty to second degree vehicle burglary. Defendant was granted supervised probation for three years with one hundred eighty days to be served in the county jail. The court imposed certain conditions on defendant’s probation including the condition that defendant submit to warrantless searches. The court also made a finding that a motor ve...
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Opinion This appeal stems from the purchase of a single family residence by Bruce A. Loken in 1987. After discovering a crack in the *266 cement slab of the building in 1990, Loken brought this action against various individuals and real estate brokerages involved in the sales transaction, including the seller’s real estate brokerage and agent, Century 21-Award Properties and Jim E. Carmichae...
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Opinion Defendants Jerry J. Tepper and C.F. Group, Ltd. (together Tepper) appeal an order finding plaintiff Ralph Brienza’s (Brienza) attorney’s lien for contingency fees in the underlying lawsuit against Tepper was entitled to priority over a subsequently acquired offset obtained by Tepper (the judgment debtor) against Brienza (the judgment creditor). We affirm. Facts The parti...
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Opinion Plaintiff Robert Barber appeals from the summary judgment granted for defendants Marina Sailing, Inc., Harold Crum, Mike *561 Jones, Moore and Associates and Larry Moore. For the reasons set forth below, we reverse the judgment. Facts and Procedural History Plaintiff and appellant Robert Barber (Barber) is a highly experienced sailor. On August 25,1992, at t...
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Opinion This is a “second strike” case under the new “three strikes” law, yet another complex sentence law overlaying an existing complex sentencing scheme. 1 David McKee pled guilty to four counts of forgery. (Pen. Code, § 470.) 2 He was sentenced to prison for six years, eight months and appeals contending: “I. The trial court erred in imposing consecutive subordin...
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Opinion Plaintiffs and appellants Louie Vance et al. are mobilehome owners renting spaces in a mobilehome park owned and operated by defendants and respondents Villa Park Mobilehome Estates et al. in the City of Long Beach. Appellants brought this action for declaratory relief and an accounting, alleging that certain provisions of their leases specifying formulas for future rent increases...
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Opinion I. Introduction In this action coordinated from separate complaints filed in Alameda, Los Angeles, San Bernardino, and San Diego Counties, plaintiffs (or Card Clubs) obtained an injunction against defendant state and local officials from enforcing prohibitions against the play of jackpot poker. Specifically, in August 1989 through January 1990, plaintiffs filed actions seeking dec...
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Opinion Petitioner Angela S. is the mother of two dependent children of the juvenile court, Octavio S. and Melissa S. Pursuant to California Rules of Court, rule 39.IB, petitioner filed a petition for extraordinary relief seeking review of the trial court’s order setting a permanency planning hearing pursuant to Welfare and Institutions Code section 366.26. 2 The hearing is currently schedule...
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Opinion Just before midnight on Friday, February 4, 1994, 17-year-old Erik D. Taylor was driving his 2 friends home from a school dance in his *814 Toyota pickup truck. He was not exceeding the speed limit. Scotts Valley Police Officer Hohmann was driving northbound on Scotts Valley Drive, and Taylor’s truck was southbound on the same street. As Hohmann’s car passed by Taylor...
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Opinion A judgment was entered against defendants Gussman, Dopp and Stillwater Institute after a jury trial despite the trial court’s discovery that defendants’ attorney was not authorized to practice law. The trial court refused to grant a mistrial and denied a motion for new trial on grounds that the defendants knew or should have known their attorney was not an attorney. Defendant Dopp...
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Opinion Aljerome McCain pled guilty to possessing cocaine base in violation of Health and Safety Code section 11350, subdivision (a) and admitted a serious felony prior pursuant to Penal Code 1 section 667, subdivisions (d) and (e). He was sentenced to a total term of 32 months, consisting of the lower term for the crime of possessing cocaine base, which was doubled because of his qualificati...
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Opinion Civil Code section 1719, subdivision (a) 1 provides in part that any person who draws a check that is dishonored due to insufficient funds shall be liable to the payee for the amount owing upon the check and treble damages of at least $100, not to exceed $500. In this section 1719 action, we conclude the maker of a dishonored check may raise defenses under the Uniform Commercial Cod...
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Opinion Defendant was convicted by jury of diversion of construction funds (Pen. Code, § 484b) and petty theft (Pen. Code, § 488). The court struck the theft count and granted defendant probation. On appeal defendant contends there were several instructional errors. We find the *846 failure to give a unanimity instruction when defendant offered differing defenses to various acts that could co...
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Opinion Plaintiff Edgemont Community Services District (District) appeals from judgment entered in an action filed against defendant City of Moreno Valley (City) for declaratory relief and an injunction. Under the judgment the District is required to collect from its customers and remit to the City a utility user’s tax imposed by the City on the sewer services rendered by the District to ...
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Opinion The People appeal the decision of the trial court to sentence Michael Joseph Trausch to county jail after he plead guilty to second degree burglary (Pen. Code, § 459), 1 “a wobbler,” and admitted prior convictions which qualify as “strikes” under the “three strikes” law, section 667, subdivisions (b) through (i). 2 The People contend that because the three st...
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Opinion In this case, we confront a narrow but important issue: are individual members of an elected school board immune from a suit seeking damages against them personally for their successful votes to terminate the employment of the school district’s superintendent, even when the complaint *976 alleges race and age discrimination in violation of California’s Fair Employment...
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Opinion In this opinion, we must determine whether or not the City and County of San Francisco (City) may lawfully prevent persons between the ages of 18 and 20 from entering or remaining on the premises of after-hours clubs in the City. We conclude that the City may do so. *1182 Article 15.2 of the San Francisco Police Code (SFPC) (§§ 1070 through 1070.25) establishes entert...
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36 Cal.App.4th 1219 (1995) 42 Cal. Rptr.2d 888 THE PEOPLE, Plaintiff and Appellant, v. JED WILLIAM TEMPLE, Defendant and Respondent. Docket No. F021054. Court of Appeals of California, Fifth District. July 19, 1995. *1221 COUNSEL Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Michael J. Weinberger and Joel ...
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Opinion This appeal raises the issue of when “actual injury” occurs for purposes of the four-year limitations period for legal malpractice actions. *1196 (Code Civ. Proc., § 340.6, subd. (a)(1).) 1 Appellants Aldis and Nancy Baltins sued their former attorney, respondent Duncan M. James, in August 1990. They asserted James negligently advised them in 1984 about tra...
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*1261 Opinion In separate actions, plaintiffs Susanna Jacobs and Bruce W. Busch, as administrator of the estate of Jesse Aguilar (deceased), filed suit against Aguilar’s insurer, defendant Fire Insurance Exchange (FIE), under Aguilar’s homeowners policy, due to FIE’s refusal to pay a civil judgment Jacobs obtained against Aguilar’s estate for gunshot injuries inflicted by Aguilar...
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Opinion Appellants the Salvation Army, Guide Dogs for the Blind, Inc., and Masonic Homes of California, charitable beneficiaries under a testamentary trust (Trust B) of Corinne W. Reisinger, appeal an order distributing the trust’s assets. Respondent Kristen A. Wheaton Price is one of five residuary beneficiaries under Trust B. Appellants contend the court erred in ruling that the interest of t...
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