CA Pub. Decisions

Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction of its fair market value was not subject to shortened statute of limitations. Statute requiring that an appeal, from a "judgment entered pursuant to" the validation statutes, be filed within 30 days of entry of judgment did not apply to taxpayer's appeal from order erroneously dismissing his action as time-barred.

Proceedings, by which city purchased former military property from the United States pursuant to base closure statute and then sold it to a developer, were not subject to validation statutes. So, taxpayer's action alleging that city illegally conveyed property for a fraction of its fair market value was not subject to shortened statute of limitations. Statute requiring that an appeal, from a "judgment entered pursuant to" the validation statutes, be filed within 30 days of entry of judgment did not apply to taxpayer's appeal from order erroneously dismissing his action as time-barred.

Court erred in shackling defendant during trial where its restraint determination was not individualized, adequately supported, or made on the record. Erroneous shackling was prejudicial even though the court admonished the jury to disregard the restraints, and there was no evidence that the jury disobeyed the instruction, where shackling likely had an effect on defendant's mental state at trial, particularly while he was testifying, and there were significant factual disputes in the case.

Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with another employer.

Defendant's statements to physicians, one who was appointed by court to evaluate his competency and the other who was employed by the state and evaluated defendant while he was confined to state hospital pending restoration of competency, were inadmissible at sanity phase of trial. Defense counsel's failure to object to the testimony constituted ineffective assistance.

Where injured employee is entitled to vocational rehabilitation maintenance allowance benefits, employer may not offset benefits with wages earned by employee at concurrent second job with a different employer.

Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property "difficult or impossible" and "severely and substantially affect[ing] the marketability of the [property] to prospective tenants," failed as a matter of law where there was no evidence supporting plaintiff's contention that there was gridlock that prevented all access to the business.

Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property "difficult or impossible" and "severely and substantially affect[ing] the marketability of the [property] to prospective tenants," failed as a matter of law where there was no evidence supporting plaintiff's contention that there was gridlock that prevented all access to the business.

Inverse condemnation claim, based on allegations that city substantially impaired access to plaintiff's business property by diverting truck traffic in such a way that the traffic backed up on the streets adjacent to the business, making ingress and egress to the property "difficult or impossible" and "severely and substantially affect[ing] the marketability of the [property] to prospective tenants," failed as a matter of law where there was no evidence supporting plaintiff's contention that there was gridlock that prevented all access to the business.

Creditor failed to perfect a security interest in goods where its UCC-1 financing statement erroneously listed debtor's last name; since UCC-1 financing statements are indexed by last names, subsequent creditor who loaned money to the same debtor was not on notice of the prior lien.
Appellants could have protected themselves by using both names on their financing statements. The trial court did not err in finding that the UCC-1 financing statement filed by Plaintiff perfected a security interest superior to appellants' liens. Judgment Affirmed.

Employees' claims that employer failed to provide employees with statutory rest breaks and properly itemized wage-statements in violation of Labor Code and Industrial Welfare Commission wage orders did not arise under collective bargaining agreement, and thus employees were not required to arbitrate claims by arbitration provision therein. Employees were not precluded from bringing their statutory claims to state court by the fact that the union had already grieved the rest-break issue under the collective-bargaining agreement. Order Affirmed.

Trial court abused its discretion when it granted defendant's motion for judgment on the pleadings and denied plaintiff organization leave to amend so it could add an individual plaintiff to meet Proposition 64's modified standing requirements under the Unfair Competition Law. Judgment reversed and remanded.

Where demurrer was sustained with leave to amend, defendant not named in amended complaint was entitled to dismissal with prejudice, and dismissal without prejudice was error. Defendant who was dismissed from action as a result of not being named in amended complaint was entitled to costs without regard to whether dismissal was with or without prejudice. Where plaintiff pleaded claim based on contract, and the contract contained an attorney fee clause, dismissed defendant was entitled to attorney fees based on reciprocal attorney fee provision of Civil Code Sec. 1717, and trial court erred in denying attorney fees based on court's determination that existence of contract had not been proven.

A modification decision.