CA Pub. Decisions

Court lacks authority under Probate Code to direct that trust funds be applied to payment of restitution to victim of crime committed by beneficiary where trustee has made no payments to beneficiary, and trustee's declining to do so is consistent with trustor's intent.

Where convict waived his right to a hearing contesting Board of Prison Terms determination that he suffered from a severe mental disorder and should be committed for mental health treatment, he could not, after his initial term of commitment expired, contest board's determination as to his mental state at the time of the commission of the underlying offense.

Compliance with Indian Child Welfare Act notice requirements in a separate case involving half sibling of child who was subject of dependency proceedings did not render failure to comply harmless.

A modification decision.

Approval of development project with mitigated negative declaration did not violate CEQA where evidence suggesting proposed project might contribute to a severe groundwater overdraft consisted largely of opinions of persons with little technical expertise and failed to discredit the specific technical analyses and conclusions reached by qualified experts in site specific studies or the testimony that there was an adequate water supply for the project, and agency prepared MND only after it had independently reviewed and exercised its judgment over initial study, information and material submitted by property owners and their consultants, and testimony of witnesses.

Approval of development project with mitigated negative declaration did not violate CEQA where evidence suggesting proposed project might contribute to a severe groundwater overdraft consisted largely of opinions of persons with little technical expertise and failed to discredit the specific technical analyses and conclusions reached by qualified experts in site specific studies or the testimony that there was an adequate water supply for the project, and agency prepared MND only after it had independently reviewed and exercised its judgment over initial study, information and material submitted by property owners and their consultants, and testimony of witnesses.

Under state eminent domain law, a statutory property valuation date that occurs at the time the condemner deposits the probable compensation in court, when litigation in the eminent domain action is not expected to end until several years after the deposit is made, does not deny the property owner just compensation under the state constitution. The statutory requirement of a waiver of claims and defenses for receipt of deposited probable compensation is not an unconstitutional condition on the statutorily required "prompt release" of the deposit.

Under state eminent domain law, a statutory property valuation date that occurs at the time the condemner deposits the probable compensation in court, when litigation in the eminent domain action is not expected to end until several years after the deposit is made, does not deny the property owner just compensation under the state constitution. The statutory requirement of a waiver of claims and defenses for receipt of deposited probable compensation is not an unconstitutional condition on the statutorily required "prompt release" of the deposit.

Where jury in wrongful death action found defendants, a city and its police officer, liable for negligence and battery, apportioning the negligence 45 percent to the city, 50 percent to the officer, and 5 percent to decedent; and where court of appeal upheld the finding of liability against officer for unreasonable use of force and against the city under principles of vicarious liability, but reversed the portion of the jury's verdict against the city based on its direct negligence and remanded with directions to the trial court to "enter a new judgment consistent with the jury's verdict against [the officer] and this opinion"; trial court erred in reducing the total amount of the judgment rather than apportioning a greater share of the liability to the officer, and court was required on remand to apportion negligence liability 91 percent to officer and nine percent to decedent in order to maintain the 10 to 1 ratio of officer's to decedent's negligence as found by the jury.

Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond those specifically authorized by the initiative and exempting officials of the entity from conflict of interest laws are functionally related to the central purposes of the measure. Ballot analysis that explained measure in objective, nontechnical terms satisfied legal requirements. Authority conferred by Proposition 71 on Independent Citizen's Oversight Committee does not violate constitutional ban on state funding of private entities, as the majority of ICOC members are appointed by public officials, members who violate their public responsibilities are subject to removal by judicial process; measure imposes strict requirements as to how ICOC is to allocate moneys in the California Stem Cell Research and Cures Fund; and there are significant public and financial accountability standards to which the California Institute for Regenerative Medicine, which the ICOC oversees, is held.

Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond those specifically authorized by the initiative and exempting officials of the entity from conflict of interest laws are functionally related to the central purposes of the measure. Ballot analysis that explained measure in objective, nontechnical terms satisfied legal requirements. Authority conferred by Proposition 71 on Independent Citizen's Oversight Committee does not violate constitutional ban on state funding of private entities, as the majority of ICOC members are appointed by public officials, members who violate their public responsibilities are subject to removal by judicial process; measure imposes strict requirements as to how ICOC is to allocate moneys in the California Stem Cell Research and Cures Fund; and there are significant public and financial accountability standards to which the California Institute for Regenerative Medicine, which the ICOC oversees, is held.

Initiative that established, and provided for the funding of, public entity to conduct stem cell research did not violate constitutional requirement that initiative deal with a single subject, since provisions permitting funding of "vital research opportunities" beyond those specifically authorized by the initiative and exempting officials of the entity from conflict of interest laws are functionally related to the central purposes of the measure. Ballot analysis that explained measure in objective, nontechnical terms satisfied legal requirements. Authority conferred by Proposition 71 on Independent Citizen's Oversight Committee does not violate constitutional ban on state funding of private entities, as the majority of ICOC members are appointed by public officials, members who violate their public responsibilities are subject to removal by judicial process; measure imposes strict requirements as to how ICOC is to allocate moneys in the California Stem Cell Research and Cures Fund; and there are significant public and financial accountability standards to which the California Institute for Regenerative Medicine, which the ICOC oversees, is held.

Trial court inadequately advised defendant of the consequences of pleading no contest to a sex offense where he was told that he must register as a sex offender pursuant to Penal Code Sec. 290 but was not specifically told that the registration obligation is lifelong.

Trial court inadequately advised defendant of the consequences of pleading no contest to a sex offense where he was told that he must register as a sex offender pursuant to Penal Code Sec. 290 but was not specifically told that the registration obligation is lifelong.