CA Pub. Decisions

1. SONOMA STATE UNIVERSITY v. WORKERS' COMPENSATION APPEALS BOARD
   Sep 20, 2006
   Where 35 percent of employee's permanent psychiatric disability was work-related, but 100 percent of one of her psychological disorders was work-related, worker did not satisfy the standard for worker's compensation compensability. An employee's psychiatric injury sat…
2. AILANTO PROPERTIES, INC., v. CITY OF HALF MOON BAY
   Sep 19, 2006
   A modification decision.
3. CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION,v. STATE OF CALIFORNIA
   Sep 19, 2006
   A modification decision.
4. In re LUIS B.,
   Sep 19, 2006
   There is a duty of prosecuting attorney to assess eligibility of minor for deferred entry of judgment (DEJ). To furnish notice with the petition is mandatory, as is the duty of the juvenile court to either summarily grant DEJ or examine the record, conduct a hearing, and make &#3…
5. PAULA v. INDEVUS PHARMACEUTICALS, INC.,
   Sep 19, 2006
   Defendant's drug's danger was publicized in T.V. and newspaper articles but Plaintiff was not aware of dangers until a significant time later. The statute of limitations on Plaintiff's action against Defendant drug maker began when Plaintiff became aware of the danger…
6. ISRAEL v. VIA DOLCE HOMEOWNERS ASSOCIATION,
   Sep 19, 2006
   Where settlement was agreed to in open court on behalf of defendant only by its insurer and a third-party representative and not by a member of its corporate board or a corporate officer, it could not be enforced by motion under Code of Civil Procedure Sec. 664.6. Judgment entere…
7. COMMITTEE FOR RESPONSIBLE SCHOOL EXPANSION v. HERMOSA BEACH CITY SCHOOL DISTRICT
   Sep 19, 2006
   Plaintiff appeals judgment to allow Defendant to spend school bond money to build a gymnasium. Proposition 39, which reduces the vote requirement for school construction bonds from two-thirds to 55 percent if certain conditions are met, requires that school district enact a list …
8. FRANK v. SUPERIOR COURT
   Sep 19, 2006
   A ballot measure title that informed voters that the measure would "change Councilmember term limits to three terms," but it did not inform them that current maximum was two terms. It was not false, misleading, or partial to measure, within meaning of Elections Code. Tria…
9. STATE OF CALIFORNIA v. PACIFIC BELL TELEPHONE CO.
   Sep 19, 2006
   A modification decision.
10. JOHN v. LOUIE
    Sep 19, 2006
    The owner of classic car was paid replacement value for the car after defendant's negligence caused the cars destruction. Owner was not entitled to damages for loss of use, from time of loss to time of payment, because he had not used the car for several years.
11. PEOPLE v. GARY
    Sep 19, 2006
    Trial court violated defendant's Sixth Amendment right to a public trial when it closed the courtroom to all spectators during the testimony of a 14-year-old molestation victim based only on the prosecutor's assertion the victim would have difficulty testifying. Error was…
12. In re JOHN M.,
    Sep 19, 2006
    A modification decision.
13. JORGELINA v. SUPERIOR COURT
    Sep 19, 2006
    Petitioner, a single mother who lived with her boyfriend, two children, sister, and sister's child, knew that her boyfriend had a history of physically abusing the children. She had taken steps to prevent the abuse, but one day while petitioner was not home, her sister left h…
14. TILTON v. RECLAMATION DISTRICT NO. 800
    Sep 6, 2006
    The district sued alleging improper repaired of levee underlying their property, trial court properly sustained district's demurrers without leave to amend as to taking causes of action, plaintiffs pled guilty only to standard allegations of inadequate maintenance rather than…
15. ROBSON v. UPPER SAN GABRIEL VALLEY
    Sep 6, 2006
    Under Government Code Sec. 1780, which sets forth when an election must be held to fill a vacancy created on a special district's governing board, a person appointed to fill a vacancy on the governing board may serve only until the person elected at the next general election …
16. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 v. DEPARTMENT OF PERSONNEL ADM
    Sep 6, 2006
    Trial court properly dismissed union's complaint challenging state's refusal to permit work site distribution of material supporting a ballot proposition, where union prior to filing complaint failed to follow any of the informal or formal grievance and arbitration proced…
17. PEOPLE v. GREEN
    Sep 6, 2006
    Application of force against property is not a crime in which the offender used force or violence for purposes of qualifying as a mentally disordered offender for commitment pursuant to Penal Code Sec. 2962(e)(2)(P). Trial court erred in ruling that defendant's commitment off…
18. In re TOBACCO II CASES
    Sep 6, 2006
    After passage of Proposition 64--which requires private plaintiffs in suit under state's unfair competition law to have suffered injury in fact and lost money or property as a result of such unfair competition--to establish standing in UCL class action against cigarette maker…
19. REILLY v. COUNTY OF SAN FRANCISCO
    Sep 4, 2006
    Where an income beneficiary of real property held by a testamentary trust died and was succeeded by another income beneficiary, there was a change in ownership under Proposition 13--thereby allowing the property to be reassessed at its current market value for property tax purpos…
20. McRAE v. DEPARTMENT OF CORRECTIONS AND REHABILITATION
    Sep 4, 2006
    Substantial evidence did not support jury's verdict that employee was subject of actionable retaliation where what employee contended was a continuous course of retaliatory conduct by her superiors in response to her filing an employment discrimination claim was in fact a ser…