CA Pub. Decisions

Change in ownership of land that was subject to long-term lease constituted for Proposition 13 purposes a change in ownership of building on that property whose construction commenced during the lease term; triggering reassessment.

A decision regarding quite title and declaratory relief.

A action regarding for breach of an insurance contract and bad faith.

Court order that, without setting forth names of tests, ordered plaintiff to submit to standardized written psychological tests to test emotional and cognitive functioning did not comply with statutory requirement that discovery order granting mental examination describe tests and procedures in detail. Where record did not indicate what psychological tests defendant's expert would use or terms by which expert obtained tests or any limitations on their disclosure, court erred in ruling that providing plaintiff with copy of written test materials would be copyright infringement in every instance.

Court order that, without setting forth names of tests, ordered plaintiff to submit to standardized written psychological tests to test emotional and cognitive functioning. Order did not comply with statutory requirement that discovery order granting mental examination describe tests and procedures in detail. Where record did not indicate what psychological tests defendant's expert would use or terms by which expert obtained tests or any limitations on their disclosure, court erred in ruling that providing plaintiff with copy of written test materials would be copyright infringement in every instance.

Judicial estoppel does not bar suit seeking payment of partnership profits simply because plaintiff did not list partnership interest as asset in a judgment debtor examination in previous unrelated suit where plaintiff in that suit settled for less than amount of judgment.

Judicial estoppel does not bar suit seeking payment of partnership profits simply because plaintiff did not list partnership interest as asset in a judgment debtor examination in previous unrelated suit where plaintiff in that suit settled for less than amount of judgment.

Reversal of defendant's predicate sex-crime conviction does not preclude court from continuing with Sexually Violent Predator Act proceedings that had already begun. Trial court has jurisdiction over SVP proceeding initiated while defendant is in unlawful custody unless custody was obtained in bad faith. Custody of defendant was not obtained in bad faith where conviction was reversed based on trial judge's error of statutory interpretation in attempting to provide jurors with guidance in response to a question submitted during deliberations, an interpretation sufficiently reasonable to be affirmed by court of appeal, although reversed by supreme court. Statute eliminating punitive consequences of conviction after new trial is ordered does not bar SVP Act proceedings which are not considered punitive.

Reversal of defendant's predicate sex-crime conviction does not preclude court from continuing with Sexually Violent Predator Act proceedings that had already begun. Trial court has jurisdiction over SVP proceeding initiated while defendant is in unlawful custody unless custody was obtained in bad faith. Custody of defendant was not obtained in bad faith where conviction was reversed based on trial judge's error of statutory interpretation in attempting to provide jurors with guidance in response to a question submitted during deliberations, an interpretation sufficiently reasonable to be affirmed by court of appeal, although reversed by supreme court. Statute eliminating punitive consequences of conviction after new trial is ordered does not bar SVP Act proceedings which are not considered punitive.

Proposition 64 restrictions on private enforcement of unfair competition and false advertising law require that plaintiff must have relied on allegedly false or misleading misrepresentation or advertisement in entering into transaction, so trial court erred in certifying overbroad class made up of all persons who purchased particular product during applicable time period.

Proposition 64 restrictions on private enforcement of unfair competition and false advertising law require that plaintiff must have relied on allegedly false or misleading misrepresentation or advertisement in entering into transaction. So, trial court erred in certifying overbroad class made up of all persons who purchased particular product during applicable time period.

Juvenile court erred when it appointed a guardian ad litem to act on behalf of parent of the dependent child without first providing parent a with notice and an opportunity to be heard regarding the appointment.

Juvenile court erred when it appointed a guardian ad litem to act on behalf of parent of the dependent child without first providing parent a with notice and an opportunity to be heard regarding the appointment.

A modification decision.