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All Reporters → cal-rptr-2d → Volume 81

Opinions in cal-rptr-2d Volume 81

Opinion The County of San Diego appeals an order approving minor Victor Tapia’s compromise of a disputed claim against a third party. The county contends the superior court erred in declining to order payment from Victor’s compromise settlement of the full amount sought by the county for reimbursement of medical payments it made on Victor’s behalf. We reverse the order. I Factua...
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Opinion The sine qua non of a life in the law is a willingness to devote a great deal of thought to issues which seldom concern nonlawyers. In this case, for example, we discuss appropriate ways in which to distinguish a theater from a restaurant—something with which the general public *8 seems to have absolutely no difficulty, but which regularly defies the best efforts of c...
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*1182 Opinion Appellants TIG Insurance Company, TIG Insurance Company of Michigan, TIG Specialty Insurance Company, and TIG Premier Insurance Company (collectively TIG) appeal from the judgment entered for respondents Jonathan Lange and Denise DiPietro on respondents’ claims for promissory estoppel and negligent interference with prospective economic advantage. After review, we r...
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Opinion Wal-Mart Stores, Inc. (defendant) appeals from the judgment in favor of Betty Westphal (plaintiff) in this personal injury action arising out of a slip-and-fall accident that occurred on defendant’s property. Defendant contends the judgment must be reversed because the amount of damages awarded is excessive. Plaintiff retorts that the appeal is frivolous and asks for sanctions. *1074...
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Opinion The Workers’ Compensation Appeals Board (the Board) adopted the findings of its referee that Connie Gonzales is not entitled to temporary total disability payments after the date of her scheduled retirement. She petitioned this court for a writ of review of the board’s decision *846 on this narrow legal issue. We issued the writ. After plenary review of the matter, we...
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81 Cal.Rptr.2d 58 (1998) 19 Cal.4th 865 968 P.2d 958 Thomas B. FLETCHER, a Judge of the Superior Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, Respondent. No. S058378. Supreme Court of California. December 31, 1998. Review Denied March 17, 1999.[*] *61 Dennis A. Fischer, Santa Monica, and John L. Ryan, Carlsbad, for Petitioner. Jack Coyle, San Francisco, for Respondent. THE COURT: Jud...
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Opinion In this case we consider whether a trial court properly sustained a demurrer to a complaint alleging that a city’s rent control law violates the *957takings clause of the Fifth Amendment to the United States Constitution and the equivalent provision under the California Constitution because of that law’s alleged failure to fulfill its stated objectives. We conclude that the trial court wa...
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Opinion The instant appeal involves two consolidated cases arising out of the same proceeding. In No. A078208, petitioner, plaintiff and *96 appellant Mervyn’s (Mervyn’s) appeals from a judgment directing issuance of a peremptory writ of mandate, insofar as it refused to invalidate and set aside the entire initiative petition, presented by respondent and real party in interest Sherman L. Lewi...
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Opinion In this personal injury action, David Sutton (appellant) appeals from the summary judgment entered in favor of respondent Golden Gate Bridge, Highway and Transportation District (District). Appellant contends that there are triable issues of fact as to whether the District established the defense of design immunity and whether it was negligent independent of any design defect. We affirm. ...
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Opinion Plaintiffs, the mother and siblings of a child who was murdered on the grounds of an elementary school, brought suit against defendant County of Santa Cruz (County), alleging negligence and breach of mandatory duties. Plaintiffs claimed that the County acted improperly in its placement of the child in a foster home, and in its subsequent supervision of the child’s situation. The t...
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Opinion The District Attorney for the City and County of San Francisco (District Attorney) appeals the trial court’s order granting Robert Holmes’s petition for a writ of mandate and ordering the District Attorney to reinstate Holmes after the District Attorney fired him for falsifying workers’ compensation forms and dishonesty. The trial court found that the District Attorney violated Holmes’s...
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Opinion The People, acting through their reserved initiative powers, enacted the Political Reform Act of 1990, by passing Proposition 140 at the November 1990 General Election. Proposition 140 included a term limit for specified state officers, and was largely upheld by the California Supreme C ourt. Members of the Assembly are limited by Proposition 140 to three terms: “T...
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Opinion By petition for writ of mandate, the People challenge an order of the trial court dismissing a petition for the civil commitment of real party in interest Barry Whitley under the Sexually Violent Predators Act (the Act). (Welf. & Inst. Code, § 6600 et seq.) We will grant the People’s petition and direct the trial court to vacate its order of dismissal and to proceed instead with a...
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Opinion Introduction This case involves a condominium complex for which the homeowners association purchased earthquake insurance. The insurer paid more than $2 million for earthquake damage to the complex. Because the complex was severely damaged, the homeowners voted not to rebuild. The issue raised by this appeal is the distribution of the earthquake insurance proceeds. Does the m...
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Opinion Following the holdings of People v. Hendrix (1997) 16 Cal.4th 508 [66 Cal.Rptr.2d 431, 941 P.2d 64] and People v. Deloza (1998) *139618 Cal.4th 585 [76 Cal.Rptr.2d 255, 957 P.2d 945], in this case we consider what additional factors may be involved in determining the application of the narrow statutory exception to the mandatory imposition of consecutive terms for multiple current offenses...
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Opinion This case was certified to this court by the Appellate Department of the Superior Court of San Diego County pursuant to California Rules of Court, rule 63. Danny Figueroa’s appeal raises a single issue: Does the failure of law enforcement officers to comply with the regulatory guidelines for the use of underage decoys established by the Department of Alcoholic Beverage Control (Departme...
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Opinion The Attorney General filed this action in September 1992 to recover civil penalties for violations of division 26, part 5, chapter 2, article 1.5 of the Health and Safety Code (§§ 43150-43156 [undesignated section references will be to this code]), based on transactions in 1990 and 1991 *1340 involving vehicles not certified to California air emissions standards. ...
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Opinion Defendant Yuba County Water Agency (the Agency) appeals from a judgment granting plaintiff M & B Construction’s petition for writ of mandate. The trial court found the Agency lacked discretion to require that bidders on a construction project bid have a class “A” contractor’s license. It directed the Agency to allow all legally licensed contractors to bid on the project. We revers...
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Opinion Plaintiff Stephanie A. Galanek (Galanek) appeals an order granting defendants’ motion for nonsuit after her opening statement at trial. 1 Galanek sued attorney Stephen D. Wismar (Wismar) and the law firm of Jones, Wismar & Ball for legal malpractice based on Wismar’s alleged negligent spoliation of evidence in the course of his representation of Galanek in her underlyin...
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Opinion Mark R. Solit (Solit) is a defendant and cross-complainant in this matter. In his cross-complaint, he alleges, among others, a cause of action to foreclose a mechanic’s lien against certain real property located in Santa Monica, California, owned by Sam and Claire Stein (the Steins). At the time Solit filed his lien, the property was encumbered by a construction loan from Tokai Ba...
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Opinion This product liability case against the manufacturer of silicone gel breast implants has been twice tried. The first jury returned *1471 special verdicts for the defense on strict liability and fraud, but hung on the causation element of the negligence count. (Valentine I.) The second jury returned a special verdict for the defense on negligent design and manufacturin...
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Opinion The County of Sacramento sought a writ of review in this court after the Workers’ Compensation Appeals Board (the Board) upheld the award of temporary benefits to respondent Pamela Estrada. We granted the petition and issued the writ. We now find the Board’s order must be annulled because the workers’ compensation judge acted in excess of her statutory authority in leaving open discovery a...
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Opinion The right to speak anonymously draws its strength from two separate constitutional wellsprings: the First Amendment’s freedom of speech and the right of privacy in article I, section 1 of the California *1541 Constitution. The anonymous pamphleteer is one of the enduring images of the American revolutionary heritage. Publius, Cato and Brutus find their modern-day...
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Opinion The question we must decide in this probation revocation case is whether the court unlawfully sentenced appellant Linda Faye Lawson to prison “solely because of [her] financial inability to pay [the restitution] imposed on [her] as a condition of probation” (In re Antazo (1970) 3 Cal.3d 100, 108 [89 Cal.Rptr. 255, 473 P.2d 999]), or properly sentenced her to prison beca...
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Opinion The question to be decided in this case is whether six-year-old Jackson Kibbee was a “resident” of his stepmother’s household when he drowned off the shore of Cabo San Lucas, Mexico. The trial court concluded from the undisputed facts that Jackson was a resident of Yvonne Kibbee’s household and therefore, under the “resident relative” coverage exception, defendants Blue Ridge Insu...
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81 Cal.Rptr.2d 301 (1999) 19 Cal.4th 1084 969 P.2d 146 The PEOPLE, Plaintiff and Respondent, v. Trino Villa MENDEZ, Defendant and Appellant. No. S066175. Supreme Court of California. January 14, 1999. *303 Phillip I. Bronson and Steven C. Bronson, under appointments by the Supreme Court, Encino, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant A...
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Opinion A defendant who has pleaded guilty or nolo contendere to a charge in the superior court, and who seeks to take an appeal from a judgment of conviction entered thereon, may not obtain review of so-called “certificate” issues, that is, questions going to the legality of the proceedings, including the validity of his plea, unless he has complied with section 1237.5 of the Penal Code1 and the...
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Opinion In this case, we interpret statutory language authorizing the continued confinement of prisoners whose severe but treatable mental disorder contributed to their commission of various specified crimes (see Pen. Code, § 2962, subds. (b), (e)), 1 including any crime in which the prisoner used “force or violence” or caused serious bodily injury (§ 2962, subd. (e)(2)(F)). As...
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Opinion Amir Tahmassebi appeals from a trial court order granting respondent California Coastal Commission’s motion to enforce a judgment previously entered. We affirm the trial court. Procedural History Appellant owns a plot of land in Malibu. In November of 1991, the California Coastal Commission (the Commission) filed suit against appellant in the superior court, alleging that he had v...
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Opinion Breneric Associates and Stephen Scola (together Breneric) applied to the City of Del Mar (Del Mar) for a permit to build a *172 two-story addition to an existing single-family residence (the residence). A condition to obtaining the permit was approval of the project’s design and issuance of a design review permit by Del Mar’s design review board (DRB). The DRB found t...
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81 Cal.Rptr.2d 354 (1999) 69 Cal.App.4th 41 In re JULIE M. et al., Persons Coming Under the Juvenile Court Law. Orange County Social Services Agency, Plaintiff and Respondent, v. Lorraine K., Defendant and Appellant. No. G023194. Court of Appeal, Fourth District, Division Three. January 11, 1999. Review Denied April 28, 1999.[*] *355 Janette Freeman Cochran, under appointment by the Court of Appe...
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Opinion Lorraine K. appeals from the order on the six-month review hearing. She claims she was denied reasonable reunification services, and she challenges the amended visitation plan requiring consent by her children. We find no merit in the first contention, but reverse on the second because it unlawfully delegates judicial authority to the minors. *44I Appellant Lorraine K. has three children ...
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Opinion In this case we gauge the evidence that must be “shown” to support a summary judgment motion in order to require the party opposing the motion to take up the burden of producing countervailing evidence. *67 Plaintiffs Robert and Rae Scheiding filed this action for damages following Robert’s diagnosis with asbestosis and asbestos-related pleural disease. Plaintiffs ap...
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*119 Opinion Juan Manuel Pelayo and Hilario B. Pelayo appeal judgments of conviction of committing sexual offenses against two children. 1 Juan asserts the evidence is insufficient to support his conviction of rape with a foreign object. Hilario contends that excluding certain evidence and prohibiting references to newspaper articles in closing argument denied him a fair trial. The People c...
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Opinion Danielle Dee Spaziano (Spaziano) appeals from a summary, judgment entered against her in an action for pregnancy discrimination under the Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) 1 We affirm. Facts and Procedural History Lucky Stores, Inc. (Lucky) operates a chain of supermarkets and employs over 25,000 workers under a collective ba...
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*128 Opinion Penal Code section 12020 makes it illegal to possess any of a long list of weapons. (All unlabeled statutory references are to the Penal Code.) Among them is a “dirk or dagger.” Subdivision (c)(24) of the statute defines those terms as “a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or...
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Opinion I. Introduction This appeal presents the interesting issue of the extent to which the absolute litigation privilege provided by Civil Code section 47, subdivision (b), 1 protects statements made in pre-civil-litigation demand letters or telephone calls which reflect discredit on individuals and are substantially *143 extraneous to the threatened litiga...
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81 Cal.Rptr.2d 400 (1999) 69 Cal.App.4th 154 The PEOPLE, Plaintiff and Respondent, v. Steven Wayne ARNDT, Defendant and Appellant. No. G021783. Court of Appeal, Fourth District, Division Three. January 12, 1999. *401 Jerry D. Whatley, under appointment by the Court of Appeal, Santa Barbara, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorn...
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Opinion A jury convicted defendant Steven Wayne Arndt of felony driving while under the influence of a drug (Veh. Code, § 23153, subd. (a)) and transporting cocaine (Health & Saf. Code, § 11352, subd. (a)). On the first count, the jury also found defendant caused bodily injury to more than one victim (Veh. Code, § 23182; hereafter section 23182), and inflicted great bodily injury on three victims...
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*217 Opinion In this dispute over cuts to reimbursement rates, plaintiff Kings Rehabilitation Center, Inc. (Kings) appeals from a judgment denying its petition for writ of mandate and declaratory relief. In the published portion of this opinion we uphold the practice of “incorporation by reference” of materials into published regulations. We address other points in the unpublishe...
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Opinion Defendant Brian Jeffrey Miller was convicted after jury trial of two counts of illegally possessing an explosive (picric acid and smokeless powder), two counts of illegally possessing a destructive device (incendiary and tracer ammunition), one count of illegally possessing dangerous fireworks, and one count of misdemeanor child endangerment. 1 He contends on appeal tha...
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Opinion This is an appeal from a preliminary injunction preventing the law firm of Hancock, Rothert & Bunshoft (Hancock) from representing the Contra Costa Water District (District) in any dispute with Morrison Knudsen Corporation (Morrison), or Morrison’s wholly owned subsidiary, Centennial Engineering, Inc. (Centennial) concerning the Vasco Road or Los Vaqueros construction projects in ...
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*272Opinion Plaintiff Wallace Silver appeals a summary judgment favoring defendant Lawrence McNamee on Silver’s complaint for medical malpractice. Silver contends the superior court erred in concluding this lawsuit was time barred as a matter of law. We reverse the judgment. I Introduction The parties dispute whether Silver timely served McNamee with notice of intent to sue (Code Civ. Proc.,1 § 3...
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Opinion Defendant and appellant Los Angeles Export Terminal, Inc. (LAXT) appeals a judgment and postjudgment order in favor of plaintiffs and respondents International Longshoremen’s and Warehousemen’s Union (ILWU), three of its affiliated locals, ILWU Local 13, ILWU Local 63 and ILWU Local 94, and three individuals, James Spinosa, John Vlaic and Mike Freese, each of whom is an officer or...
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*264 Opinion After a trial court rules on motions in limine but before voir dire begins, a party files a statement of disqualification under Code of Civil Procedure section 170.1. Is the judge to whom the case has been assigned for trial required to stay the proceedings until a second trial judge rules on the disqualification motion? We hold the trial judge is not requ...
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Opinion Must a defendant, moving specially under Code of Civil Procedure section 425.16 (hereafter section 425.16 or the anti-SLAPP1 statute) to strike a cause of action arising from a statement made before, or in connection with an issue under consideration by, a legally authorized official proceeding, demonstrate separately that the statement concerned an issue of public significance? In accord...
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Opinion Christopher Evans Hubbart is a convicted felon with a long history of committing violent, and sometimes bizarre, sex crimes against women he does not know. Shortly before Hubbart was scheduled to be released from prison for his most recent offense, the state sought his civil commitment under a new statutory scheme, the Sexually Violent Predators Act (SVPA or Act). (Welf. & Inst. Code, § 6...
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*1186Opinion Under the Workers’ Compensation Act, an employer must pay a death benefit to the dependents of an employee who dies as a result of a work-related injury. (Lab. Code, § 4701, subd. (b); all further statutory references are to this code unless otherwise indicated.) In cases of partial dependency, the death benefit is “four times the amount annually devoted to the support of the partial...
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Opinion James Warner Eichorn was convicted of a misdemeanor violation of a City of Santa Ana ordinance banning sleeping in designated public areas. The appellate department affirmed his conviction and denied his request to transfer the cause. Eichorn thereafter petitioned for writ of habeas corpus in this court. We conclude his conviction must be set aside. I James Eichorn was cited for vio...
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*444 Opinion Jaime Flores Guerrero appeals a judgment reestablishing his Lanterman-Petris-Short (LPS) conservatorship. He contends the court erred by instructing the jury he could be considered gravely disabled if the jury found he would not take medication for a mental disorder, and he would be unable to provide for his basic needs of food, clothing or shelter without medication. We hold the...
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Opinion A municipality imposed a business tax upon a corporation’s local selling activity. (S.F. Mun. Code, pt. III, §§ 1002.2, 1004.08, 1004.13.) 1 The corporation claimed the tax interfered with commerce by discriminating in favor of local manufacturers and sued for both a refund under state law and damages under federal civil rights law. (Gov. Code, §§ 935, subd. (a), 940.4,...
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Opinion In 1994, William L. Lynch was charged with eight counts of lewd conduct with a child, all of which allegedly occurred *315between 1965 and 1972. Lynch demurred, contending the three-year statute of limitations in effect at the time of the charged offenses had long since expired, and that it could not be revived by a 1994 amendment extending the period of limitations to one year from the da...
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Opinion A contractor’s employee working on the roof of a building is injured as he climbs through a hatch providing the only roof access. The hatch was negligently maintained by the building owner. In a personal injury action by the employee, is the building owner covered by an endorsement to the contractor’s commercial general liability policy making the owner an additional insured “but ...
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Opinion A parole search of the residence of Michael C. Myers on May 3, 1995, revealed two loaded handguns hidden under a mattress. Appellant *308 was sentenced to prison for a term of 25 years to life after he was found guilty by a jury of being a felon in possession of a firearm in violation of Penal Code section 12021, subdivision (a)(1) and found by the court to have previously been convic...
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Opinion I. Introduction Jose Herrera Rodriguez (Rodriguez) was convicted by a jury of auto theft (Veh. Code, § 10851, subd. (a)), assault on a police officer (Pen. Code, *344 § 243, subd. (c)), 1 resisting a police officer (§ 69 ) and driving with a .08 percent or more blood-alcohol level (Veh. Code, § 23152, subd. (b)). Rodriguez admitted three prior prison t...
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Opinion Plaintiff and appellant Reverend Eugene R. Berry (Berry) appeals a judgment following a grant of summary judgment in an unlawful detainer action in favor of defendants and respondents Society of Saint Pius X (the Society), Reverend Peter Scott (Scott), Reverend Paul Tague (Tague) and Reverend Charles Ward (Ward) (collectively, defendants or the Society). Berry claims he is en...
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Opinion Introduction The evidence in this case showed Robert Milen Yovanov sexually molested his girlfriend’s twin daughters, Kristy and Kathy H., at various times throughout their childhood. The first rash of molestations occurred in 1986, when the girls were 11 years old. Yovanov was sent to prison for his conduct, but he was paroled in May 1988 and thereafter resumed molesting Kristy. In 1...
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81 Cal.Rptr.2d 596 (1999) 69 Cal.App.4th 375 John ROES, Plaintiff and Appellant, v. William WONG et al., Defendants and Appellants. No. D026021. Court of Appeal, Fourth District, Division One. January 20, 1999. *597 Fagan & Fagan, Craig P. Fagan and Stuart E. Fagan, San Diego, for Plaintiff and Appellant. Purdy & Herron, Charles E. Purdy IV, San Diego, and T. Hall Brehme IV, Los Angeles, ...
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*335Opinion We hold here as a matter of first impression that the evidentiary rule stated in Penal Code1 section 1111, requiring corroboration of accomplice testimony, does not apply in probation revocation proceedings. I. Facts and Procedural History Appellant Michael McGavock was placed on probation following his conviction for willfully inflicting corporal injury. (§ 273.5.) Shortly thereafter,...
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81 Cal.Rptr.2d 604 (1999) 69 Cal.App.4th 462 ESTATE OF Anthony BONACCORSI, Deceased. Joseph A. Ricca, Petitioner and Appellant, v. Salvatore Bonaccorsa et al., Objectors and Respondents. No. G019597. Court of Appeal, Fourth District, Division Three. January 21, 1999. As Modified on Denial of Rehearing February 16, 1999. Review Denied May 12, 1999. *606 Williams & Martinet, Leonard J. Martinet...
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*465Opinion In this probate matter, the discharged administrator of an estate appeals from orders surcharging him $134,200 for breach of fiduciary duty, denying statutory and extraordinary fees, and imposing an additional $50,000 in attorney fees for bad faith. We disallow the surcharge for the depreciated value of the decedent’s residence ($50,000) and the fee award, but affirm the remaining sur...
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Opinion Introduction This is an action by a listed subcontractor against the prime contractor of a public work. The subcontractor asserts a statutory cause of action pursuant to the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.), 1 and Southern Cal. Acoustics Co. v. C. V. Holder, Inc. (1969) 71 Cal.2d 719, 727 [7...
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Opinion Serge Rigo was arrested for cultivation of marijuana the day before the effective date of the Compassionate Use Act of 1996 *411 (Health & Saf. Code, § 11362.5). 1 Over three months later, Rigo obtained a doctor’s approval on a written prescription form for medical use of marijuana. On stipulated facts, the superior court ruled that approval three months af...
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Opinion Joezita Biggers petitions for a writ of review, seeking to overturn a decision of the Workers’ Compensation Appeals Board (the Board) that found she was not eligible for benefits under Labor Code section 4850. Labor Code section 4850 provides for a leave of absence at full salary for certain employees of a sheriff’s office who become disabled in the course of employment. Biggers contend...
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Opinion Introduction Appellants appeal from a denial of their motion to strike the complaint based on respondents’ failure to comply with Civil Code section 1714.10.1 We affirm. *483Factual Background Overview of the Case Respondents Westamco Investment Company, Southwest Capital Investment, and Sherman Gardner (collectively, Westamco) filed a malicious prosecution action against appellants Jan...
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Opinion Plaintiffs REO Broadcasting Consultants (REO), Richard E. Oppenheimer (Oppenheimer), and Gilbert A. Cabot (Cabot) (collectively plaintiffs) sued defendant Michelle Edith Martin, also known as Michelle Wright (defendant), in superior court for breach of a contract whereby Cabot, through REO, a partnership composed of Cabot and Oppenheimer, was to render marketing and career consulting se...
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Opinion To our knowledge, David Rodriguez Velasquez presently occupies a singular place in California penal history. That is to say, he is the *505 only person ever to have been sentenced to state prison for three years for annoying or molesting a child with a qualifying prior conviction in violation of Penal Code section 647.6, subdivision (c)(2). For this offense, the Legislature has determ...
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Opinion Introduction Plaintiff, the City of Vernon (plaintiff), sought injunctive and other relief against defendants James William Zastrow (Zastrow), Central Basin Municipal Water District (District), and Peerless Water Company (Peerless). District is a municipal water district organized under the Municipal Water District Law of 1911 (Wat. Code, § 71.000 et seq.). Zastrow is an elected membe...
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Opinion Defendant Thomas Michael Moore was convicted on a plea of no contest of committing a lewd act on a child under the age of 14. (Pen. Code, § 288, subd. (a).) On appeal from the judgment with a certificate of probable cause, Moore contends that the court erred in denying his motion to withdraw the plea. The issue is whether the court was required to advise Moore, before accepting hi...
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*935Opinion Petitioner Patricia O. (mother) seeks writ review (Welf. & Inst. Code, § 366.26, subd. (l); Cal. Rules of Court, rule 39.1B)1 of respondent court’s order denying mother family reunification services and setting a hearing under section 366.26 as to minors Salman Y. and Jasmine Y. on February 24, 1999. We deny the writ. Factual and Procedural Background The minors were declared wards of...
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Opinion The assignee of a security interest in a deed of trust unilaterally signed an agreement subordinating the deed of trust to a subsequent deed of trust. Thereafter, the assignor paid its secured debt and the earlier deed of trust was reconveyed to it. When the trustor of the subsequent deed of trust defaulted, the assignor asserted its lien had first priority. However, the beneficia...
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Opinion The question we are asked to resolve is whether an action brought on behalf of a conservatee by the county’s public guardian against a nonresident defendant must be transferred to a neutral county in accordance with section 394 of the Code of Civil Procedure, subdivision (a). 1 We conclude that such an action is not one “brought by” a county agency within the meaning of section 394. A...
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Opinion Arroyo Software Corporation (Arroyo) appeals from a judgment enjoining it from misappropriating golf handicap formulas and service marks developed and owned by the United States Golf Association (USGA). Arroyo *611 contends the trial court erred in (a) refusing to bar USGA’s lawsuit on the ground it was collaterally estopped by an earlier decision of the United States...
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Opinion The principal issue in this appeal is when state income tax deficiencies are “assessed” for federal bankruptcy discharge purposes under 11 United States Code section 507(a)(8)(A)(ii) and (iii). (This federal statute, together with 11 United States Code section 523(a)(1)(A), generally specifies that income taxes that are assessed within 240 days of filing of a bankruptcy petition o...
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81 Cal.Rptr.2d 726 (1999) 69 Cal.App.4th 583 In re the MARRIAGE OF Robert L. and Evelyn Kaiser BARNESON. Michael McGirr, as Executor, etc., Appellant, v. Evelyn Kaiser Barneson, Respondent. No. A080323. Court of Appeal, First District, Division Two. January 26, 1999. *727 Law Offices of Peter G. Lowenstein, New York City, Kathleen A Murphy, Tanke & Willemsen, Tony J. Tanke, Redwood City, Kare...
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*585Opinion Michael McGirr, executor of the estate of Robert L. Bameson, appeals from a trial court order finding certain transfers of stock from the decedent into the name of his then wife constituted transmutations of his separate property into her separate property under Family Code section 852, subdivision (a). Appellant contends the writings pursuant to which the transfers were effected did ...
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Opinion Appellant, a minor, was prosecuted as an adult after giving a false name and date of birth. Appellant entered into a negotiated disposition pursuant to which he pleaded no contest to a lesser offense in return for a probationary, sentence. Subsequent to his conviction, the prosecution determined appellant was in fact a minor and the matter was certified to the juvenile court. The juvenile...
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81 Cal.Rptr.2d 745 (1999) 69 Cal.App.4th 652 James LAWSON et al., Plaintiffs and Appellants, v. MANAGEMENT ACTIVITIES, INC., et al., Defendants and Respondents. No. G019872. Court of Appeal, Fourth District, Division Three. January 27, 1999. *746 Lisa R. Geraurd, Los Angeles, for Plaintiffs and Appellants. Michaelis, Montanari & Johnson, Garry L. Montanari, Westlake Village, and Wesley S. Wen...
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Opinion Education Code section 8448 requires an organization having a “direct service contract” with the state for the operation of child care and development programs and related support services annually to prepare a single independent “financial and compliance audit” of its operations. If the audit meets generally accepted auditing standards, it shall be relied upon by the state Department o...
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*674Opinion Westside Hospital appeals from a judgment denying its petition for writ of administrative mandate in favor of S. Kimberly Belshé, Director, State of California, Department of Health Services in this Medi-Cal reimbursement case. We conclude Hospital did not file its petition within the statute of limitations period provided in Welfare and Institutions Code section 14171, subdivision (j)...
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Opinion Petitioner, the County of Sacramento (County), seeks review of an order of the Workers’ Compensation Appeals Board (Board) awarding Ann Lou Souza a penalty under Labor Code section 5814 for delayed payment of death benefits. Petitioner contends the delay was not “unreasonable” within the meaning of that section and therefore a lesser penalty was warranted. We agree and shall reverse. ...
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*803Opinion After a 24-year marriage,1 the trial judge awarded Ida Schaffer spousal support of $850 per month for the first year and $650 per month for the second year, at which time there was to be a “jurisdictional step down” for the balance of Ida’s2 life. At the time Ida was 48 years old, had a master’s degree in marriage, family and child counseling from Chapman University, and planned to get...
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Opinion This appeal addresses the question whether the plaintiff in a SLAPP suit (a Strategic Lawsuit Against Public Participation) can, by the device of dismissing the SLAPP prior to a hearing on the defendant’s motion to strike the complaint, avoid paying the attorney’s fees incurred by the defendant in defending the suit. 1 In the instant case, the appellant contends the res...
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Opinion The appellant, Vance Jackson, a Los Angeles police officer, asks us to reverse the judgment of the trial court which rejected his petition for administrative mandamus brought under Code of Civil Procedure section 1094.5 to set aside a disciplinary suspension imposed upon him by the chief of police of the respondent City of Los Angeles (City). Because we conclude that the administrative ...
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Opinion In an ever-increasing trend, this murder case arises from an all-too-familiar formula: one party commits a relatively minor “infraction” which quickly escalates into street violence and then death or serious injury. Many of us can relate to this phenomenon by reflecting upon our own experience behind the wheel of a car when a driver cuts too close to your vehicle, and “road rage” sets i...
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Opinion Summary Federal Medicaid law barred California’s Department of Health Services (DHS)—as the “single agency” designated to administer federally funded Medicaid/Medi-Cal payments for medical services for the poor and indigent—from delegating to the state Controller the audit of claims by medical service providers, and the withholding of alleged overpayments. Facts and Proc...
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81 Cal.Rptr.2d 834 (1999) 970 P.2d 408 HONDO COMPANY et al., Petitioners v. LOS ANGELES COUNTY SUPERIOR COURT, Respondent Estate of Bobbie Jean King, Real Party in Interest No. S074768. Supreme Court of California. January 13, 1999. Petition for review GRANTED. Further action in this matter is deferred pending consideration and disposition of a related issue in Horwich v. Superior Court, S073129 ...
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81 Cal.Rptr.2d 835 (1999) 970 P.2d 409 LOS CARNEROS COMMUNITY ASSOCIATES et al., Appellants, v. PENFIELD & SMITH ENGINEERS, INC. et al., Respondents No. S072581. Supreme Court of California. January 13, 1999. Pursuant to the notice of settlement and request for dismissal submitted by all parties, review is DISMISSED and cause is remanded to the Court of Appeal, Second Appellate District, Divi...
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Opinion In this case we determine the required mens rea for a conviction of felony child abuse based on direct infliction of unjustifiable physical pain and mental suffering. (Pen. Code,1 § 273a, former subd. (1), now § 273a, subd. (a) (section 273a(1)).)2 The Court of Appeal concluded criminal negligence is required. We disagree, and therefore reverse its judgment. *1210I. Facts and Procedural B...
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Opinion Justin B., a minor, appeals from the order of wardship (Welf. & Inst. Code, § 602), following his admission to having received stolen property (Pen. Code, § 496) 1 as alleged in count 2 of the petition, and “suitable placement” for a confinement period not to exceed three years. Appellant contends the court erred in denying his motion to suppress (Welf. & Inst. Cod...
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*1008 Opinion Karen S. and Larry T., parents of David T. (the minor), seek a writ of mandate (Cal. Rules of Court, rule 39.1B) directing the juvenile court to vacate its orders denying them reunification services and setting a permanency planning hearing (Welf. & Inst. Code, § 366.26; further section references are to this code). 1 Larry also requests a stay of proceed...
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Opinion This case involves claims for racial harassment and wrongful termination by appellant Terry Drain against his former employer, respondent Betz Laboratories, Inc. (Betz), and his former supervisors, respondents Robert Van Aken and Richard Miller. The court granted summary judgment in favor of respondents. In our original opinion filed May 13, 1998, we affirmed the judgment. Thereaf...
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*965 Opinion Dorothy Chaknova, on her own behalf and as successor in interest to her deceased husband, Albert Chaknova, 1 appeals the trial court’s entry of summary judgment in favor of respondent corporation, Wilbur-Ellis Company (Wilbur-Ellis) in this action for asbestos-related injuries. We hold, as did the trial court, that Wilbur-Ellis met its burden of establishi...
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Opinion Bendix L. Thygesen appeals from the imposition of a restitution order. The sole issue before us is whether the trial court correctly awarded the victim 13 months of rent. For the reasons that follow, we hold the award was not supported by the evidence. We therefore reverse and remand. Facts On May 19, 1997, appellant rented a cement mixer (the mixer) from Bonner’s Equipment Rental (Bonner)...
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Opinion This case concerns the proper test to bé applied by a trial court in deciding whether to grant a posttrial motion to add an alleged alter ego as an additional judgment debtor. Appellant contends that the proper test is the normal preponderance of the evidence burden of proof that *1014applies generally to factfinding proceedings in a trial court. Respondent contends that the proper test i...
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81 Cal.Rptr.2d 900 (1999) 69 Cal.App.4th 1017 Theodore L. HAAS, Plaintiff and Respondent, v. COUNTY OF SAN BERNARDINO et al., Defendants and Appellants. No. E022209. Court of Appeal, Fourth District, Division Two. February 4, 1999. Review Granted April 28, 1999. *901 Alan K. Marks, County Counsel (San Bernardino), and Alan L. Green, Deputy County Counsel, for Defendants and Appellants. Roger Jon ...
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Opinion In this bail forfeiture proceeding, the trial court denied the motion of appellant Frontier Pacific Insurance Company to vacate a bail forfeiture after the Los Angeles District Attorney’s Office failed to initiate extradition proceedings against criminal defendant Jose Luis Cortez (Cortez), who had absconded to Mexico. The trial court ruled that appellant had failed to meet the requirem...
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