CA Pub. Decisions

A decision regarding setting policies pertaining to the assignment of inmates within the Los Angeles County jail.

.





































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Malicious prosecution actions are subject to two-year limitations period set forth in Code of Civil Procedure Sec. 335.1, which applies to [a]n action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another, rather than to one-year limitation period set forth in Sec. 340(c), which applies to various specified tort actions, not including malicious prosecution It being the clear intent of the Legislature to apply the two-year statute to any tort not specifically subject to a different limit.

THERESA BRIDGEMAN v. BRUCE McPHERSON as Secretary of State. APPEAL from a judgment of the Superior Court of Sacramento County.

Where primary and excess insurers settled tort claim against their insured, with primary carrier contributing its limits and excess insurer the balance. Excess insurer had no cause for subrogation action against primary insurer based on allegedly unreasonable refusal to settle underlying claim. The tort claim did not go to trial and no excess judgment was entered against insured.

Community college districts are subject to mitigation requirements of CEQA. Trial court's ruling that mitigation of off-campus traffic impacts by college district was legally infeasible was an error. The district has authority--under provisions of Community College Construction Act of 1980, Education Code Sec. 81949 and pertinent regulations-- to spend public funds to mitigate such impacts. Trial court's finding that mitigation was economically infeasible was unsupported by substantial evidence where administrative record contained no estimate of the cost of district's proportional share of traffic mitigation measures identified in final EIR. Payment of costs of off-campus traffic mitigation measures by community college district located in unincorporated area does not constitute an unconstitutional gift of public funds to county.

Community college districts are subject to mitigation requirements of CEQA. Trial court's ruling that mitigation of off-campus traffic impacts by college district was legally infeasible was an error. The district has authority--under provisions of Community College Construction Act of 1980, Education Code Sec. 81949 and pertinent regulations-- to spend public funds to mitigate such impacts. Trial court's finding that mitigation was economically infeasible was unsupported by substantial evidence where administrative record contained no estimate of the cost of district's proportional share of traffic mitigation measures identified in final EIR. Payment of costs of off-campus traffic mitigation measures by community college district located in unincorporated area does not constitute an unconstitutional gift of public funds to county.

Trial court properly considered beneficiary's assets in determining whether trustee abused discretion by refusing to invade principal of trust for beneficiary's support. Trial court erred in dividing trustee's fees and costs between income and principal of trust; where litigation primarily concerned the principal, fees and costs must be paid from that principal. Trial court did not abuse its discretion in denying request for payment from trust of attorney fees incurred by petitioner who unsuccessfully sought to invade trust principal for support of beneficiary.

A tale of an alternate juror's presence in a jury room for 15 minutes at beginning of the deliberations.

State law providing for private mediator to set binding terms of an initial farm union collective bargaining agreement. The agreement stated where parties cannot reach agreement does not violate due process or equal protection right, nor does it invalidly delegate legislative authority to a private party.

State law providing for private mediator to set binding terms of an initial farm union collective bargaining agreement. The agreement stated where parties cannot reach agreement does not violate due process or equal protection right, nor does it invalidly delegate legislative authority to a private party.

State law providing for private mediator to set binding terms of an initial farm union collective bargaining agreement. The agreement stated where parties cannot reach agreement does not violate due process or equal protection right, nor does it invalidly delegate legislative authority to a private party.

Where decedent purchased a life insurance policy before his death and assigned all his interest in the policy. He included the right to any benefits and of an irrevocable life insurance trust he had established. In addition, he laid out how the decedent's conduct after trust had been established did not alter the irrevocable nature of trust so as to be subject to claims of creditor. Policy proceeds were property of the trust, not decedent's estate.

Evidence regarding the odds of a particular DNA pattern appearing in a particular population group is not rendered inadmissible solely due to the absence of independent evidence that the perpetrator was a member of that group. Since the frequencies with which the matched profile occurs in various racial groups to which the perpetrator might belong are relevant for the purpose of ascertaining the rarity of the profile.

A case involving an insured individual who assigns a claim for bad faith against the insurer. The assignee brings a tort action against the insurer that includes a claim for wrongfully withheld policy benefits and the assignee may recover attorney fees incurred in the same action that are viewed as attributable to the attorney's efforts to recover the policy benefits that the insurer wrongfully withheld.