CA Pub. Decisions

Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one witness, victim's daughter, showed she was distracted during interview with prosecutor and equivocated as to identity of killer but settled on defendant after persistent questioning; and tape recording of adult eyewitness who had previously implicated defendant in the crime captured him insisting to police amid coercive interrogation that he was too high on drugs to recall anything about the event. Defendant's petition for habeas corpus was not mooted by his death where withheld tapes would have substantially changed how jurors perceived eyewitnesses, and jurors without knowledge of tapes convicted defendant of first degree murder and sentenced him to life in prison.

Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one witness, victim's daughter, showed she was distracted during interview with prosecutor and equivocated as to identity of killer but settled on defendant after persistent questioning; and tape recording of adult eyewitness who had previously implicated defendant in the crime captured him insisting to police amid coercive interrogation that he was too high on drugs to recall anything about the event. Defendant's petition for habeas corpus was not mooted by his death where withheld tapes would have substantially changed how jurors perceived eyewitnesses, and jurors without knowledge of tapes convicted defendant of first degree murder and sentenced him to life in prison.

Prosecutors' failure to disclose to defense tape-recorded interviews of two eyewitnesses denied defendant fair trial where there was no physical evidence linking defendant to murder; eyewitnesses were key in establishing his identity as the killer; tape - recording of one witness, victim's daughter, showed she was distracted during interview with prosecutor and equivocated as to identity of killer but settled on defendant after persistent questioning; and tape recording of adult eyewitness who had previously implicated defendant in the crime captured him insisting to police amid coercive interrogation that he was too high on drugs to recall anything about the event. Defendant's petition for habeas corpus was not mooted by his death where withheld tapes would have substantially changed how jurors perceived eyewitnesses, and jurors without knowledge of tapes convicted defendant of first degree murder and sentenced him to life in prison.

Where plaintiff brought two tort claims regarding same subject matter, and first was legally adequate, and second, while adding additional details, was legally unnecessary and did not entitle plaintiff to claim any relief that would have been beyond the scope of first claim, the second claim must be deemed an amendment to the first and did not create a new six-month period in which to bring suit. Where plaintiff brought second claim within six months of the first, and notice rejecting second claim stated that plaintiff had six months in which to sue, allegation that plaintiff delayed filing suit because notice caused him to believe that he had a new six-month period was sufficient to plead that defendant was equitably estopped from pleading that complaint was untimely.

Where trier of fact in Sexually Violent Predators Act commitment proceeding found that defendant had suffered the requisite qualifying prior convictions, defendant was collaterally estopped from relitigating the issue during later recommitment proceedings.

California courts lacked personal jurisdiction over foreign corporation in business of selling motor vehicles whose only alleged contacts with the state were that it advertised on the Internet, had sold a minimal number of motor vehicles to state residents in the past, and sold a vehicle --- alleged defects of which were the subject of the suit -- to plaintiff, a California resident who arranged to have an independent shipper of his choice take possession of vehicle outside the state and deliver it to plaintiff in California.

A modification decision.

Public entity is immune from liability for common law wrongful discharge in violation of public policy.

A modification decision.

In determining whether "temporary" teacher had worked sufficient fraction of a "full time" assignment to acquire "contract" status, trial court properly considered individual district's definition of "full-time." Trial court properly applied doctrine of laches in denying petition for writ of mandate directing upgrade in teacher's status where substantial evidence supported finding that it was per se unreasonable for teacher to wait until nine years after he began teaching a specified number of units to claim that this qualified as a sufficient fraction of a full time assignment under applicable statute, that teacher acquiesced in the classification that he later challenged, and that the increased exposure to backpay as a result of delay prejudiced district; ruling on laches was further supported by petitioner's three year delay in obtaining hearing date on petition where only justifications offered for the delay were ignorance of the law, lack of assets with which to prosecute the action, and a change in associates in his attorneys' law firm.

Husband had viable independent cause of action for loss of consortium based on his wife's negligence and fraudulent concealment causes of action against her former physicians where wife, in negligence cause of action, alleged defendants were her physicians who "negligently cared for, diagnosed and treated" her and "failed to exercise the standard of care and skill ordinarily possessed and reasonably required of physicians," and that as a "proximate result of such negligence and carelessness" she was injured in her health, strength and activity and has sustained injury to her body and shock and injury to her nervous system and person...; and in fraudulent concealment cause of action, alleged defendants knew she did not have recurrent breast cancer but intentionally kept that fact from her in order to defraud her, and as a result caused her to suffer monetary damages and to live for more than two years believing she had a fatal disease.

Fact that initial draft of EIR was prepared by counsel for applicants did not render it "biased and legally inadequate" where it was reviewed and modified by agency staff, closely scrutinized by independent consultants, and adopted in final form as reflecting the judgment of the agency. Agency's findings on noise impact, aesthetic, and safety issues were entitled to deference and were sufficient where explained in EIR.

Fact that initial draft of EIR was prepared by counsel for applicants did not render it "biased and legally inadequate" where it was reviewed and modified by agency staff, closely scrutinized by independent consultants, and adopted in final form as reflecting the judgment of the agency. Agency's findings on noise impact, aesthetic, and safety issues were entitled to deference and were sufficient where explained in EIR.

Grant of demolition permit for historic structure so that owner could construct smaller residence on site violated California Environmental Quality Act where agency failed to support its finding that rehabilitation of the structure was economically infeasible with evidence that a suitable new house could be built at less cost.