CA Pub. Decisions

A modification decision.

Evidence that probationer, in seeking to avoid arrest, kicked a concrete ashtray that was next to an officer seeking to arrest him. Kicking as "hard as he could" and "with great force" and causing ashtray, which was approximately three feet high and weighed about 50 pounds, to topple over and strike the officer in shin, ripping his pants and inflicting a laceration, satisfied mental element of crime of battery. Since reasonable trier of fact could infer that defendant intended for ashtray to fall and cause injury. In prosecution for felony offense of battery on a deputy probation officer with injury, failure to instruct sua sponte on lesser included offense of battery on a deputy probation officer without injury was error where officer sustained only slight laceration with slight bleeding and did not seek professional care or find it necessary to use pain medication; defendant in such case is entitled to either a retrial or a reduction of conviction to one of lesser offense, at prosecutor's election.

Trial court properly denied motion to vacate arbitration award.

Trial court's statement that it would not commit eligible defendant to California Rehabilitation Center for a "variety of reasons" did not comply with requirement of California Rules of Court that reasons be stated with specificity; without such statement, remand is required even if record would support denial.

Department of Personnel Administration did not violate statutes requiring that supervisors of correctional officers receive salary and benefits changes that are at least generally equivalent to the changes granted to their rank and file subordinates and that a supervisory compensation differential be maintained when it refused to grant correctional supervisors the same percentage salary raise as the officers they supervised, instead giving them a smaller raise supplemented by other compensatory benefits.

Statutory presumptions of paternity contained in the Family Code do not enable the wife of a man who fathered a child in an extramarital relationship to assert status as the child's mother when the child's biological mother has come forward promptly to assert her maternal rights.

Where, after timely filing notice of appeal, defendant filed an amended notice of appeal clearly communicating intent that postjudgment order on litigation expenses be included as an issue on appeal.

Where, after timely filing notice of appeal, defendant filed an amended notice of appeal clearly communicating intent that postjudgment order on litigation expenses be included as an issue on appeal.

Where, after timely filing notice of appeal, defendant filed an amended notice of appeal clearly communicating intent that postjudgment order on litigation expenses be included as an issue on appeal.

Where appellate court affirmed finding that writing constituted transmutation of husband's property to wife but remanded case saying husband was precluded from presenting evidence to the effect that he was under duress when he signed the writing.

Where appellate court affirmed finding that writing constituted transmutation of husband's property to wife but remanded case saying husband was precluded from presenting evidence to the effect that he was under duress when he signed the writing.

Denial of defendant's motion to withdraw no contest plea was an abuse of discretion where prosecution failed to provide copy of police report prior to entry of plea and report--while not completely exonerating defendant--may have influenced his plea in that it identified additional potential defense witnesses and suggested potential defenses.

Rent control board's regulation allowing a landlord to petition the board for a determination that a tenant is not using a rental unit as his primary residence which would entitle landlord to raise the rent to conform to the more lenient statewide rent control law.

Trial court erred in granting relief from disciplinary action imposed on inmate by prison officials for possessing a weapon--razor blades found in a cup--despite admission of inmate's cellmate that that cup and blades were his and inmate denied knowledge of blades.