CA Pub. Decisions

A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel.

A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel.

A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel.

A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel.

A defendant whose request to substitute counsel is granted cannot complain on appeal that the trial court should have denied that request. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel.

Where defendant instigated a fight with victim that escalated into a chaotic group beating of victim. No determination could be made whether defendant's blows were exact ones that caused victim's injuries.

Where defendant instigated a fight with victim that escalated into a chaotic group beating of victim. No determination could be made whether defendant's blows were the exact ones that caused victim's injuries.

Owners and occupiers of roadside property do not possess a right to be seen that requires the payment of compensation for municipal landscaping efforts. Having no injurious effect on any property rights other than the claimed right to visibility. Planting of trees in the vicinity of billboards did not implicate the compensation requirement set forth in Business and Professions Code Sec. 5412. Code of Civil Procedure Sec. 998. It may apply to offers made by defendants in inverse condemnation actions and authorizes an award to a defendant of expert witness fees incurred before the defendant extends its offer to compromise. City's offer to remove one of the trees blocking plaintiff's billboards and pay $1,000 was a good faith offer under Sec. 998 where city was ultimately granted complete defense judgment.

Owners and occupiers of roadside property do not possess a right to be seen that requires the payment of compensation for municipal landscaping efforts. Having no injurious effect on any property rights other than the claimed right to visibility. Planting of trees in the vicinity of billboards did not implicate the compensation requirement set forth in Business and Professions Code Sec. 5412. Code of Civil Procedure Sec. 998. It may apply to offers made by defendants in inverse condemnation actions and authorizes an award to a defendant of expert witness fees incurred before the defendant extends its offer to compromise. City's offer to remove one of the trees blocking plaintiff's billboards and pay $1,000 was a good faith offer under Sec. 998 where city was ultimately granted complete defense judgment.

Denial of class action certification for store manager's suit alleging that he was improperly classified as an executive and denied overtime compensation. It was not an abuse of discretion where there were significant issues of liability applicable to individual class members. The trial court properly weighed methods of handling those issues in context of class action prior to determining that difficulties in doing so outweighed benefits of class certification.

Trial court erred by ordering dismissal for failure to prosecute under Code of Civil Procedure Sec. 583.410(a) where action had been filed less than two years earlier.

Welfare and Institutions Code Sec. 366.28, limiting appealability of certain orders related to placement of dependent children, does not apply to a petition for modification under Sec. 388. Denial of Sec. 388 petition by relatives seeking to have children returned to their care was not an abuse of discretion where some of court's concerns leading to prior removal had been addressed and subsequent attempt to place children for adoption had been unsuccessful, but court remained concerned about relatives' use of corporal punishment and other issues.

A juvenile offender may not be ordered to register as a sex offender under Penal Code Sec. 290 unless offenses are among those listed in subdivision (d)(3), which does not include sexual battery.

Where developer and contractor were jointly and severally liable to homeowners association for all construction defects for which subcontractors--whose insurer became insolvent--were responsible. Suit against developer and contractor was resolved by a settlement in which those defendants paid homeowners association an amount that exhausted their primary commercial general liability coverage. Which included a contribution from their excess insurance carrier that did not exhaust the excess insurance limits. The coverage provided by the unexhausted excess coverage policy was available to satisfy homeowners association's claim. So there was no covered claim within meaning of statute obligating California Insurance Guarantee Association to pay such claims.