CA Pub. Decisions

A decision regarding willful misconduct based on the conduct.

A decision wherein automobile loan was assigned to WFS by the automobile dealer. WFS repossessed the vehicle, gave notice of its intent to dispose of the vehicle by private sale, sold the vehicle, and filed suit against De La Cruz for the deficiency between the sale price and remaining balance due; including various costs and fees.

Where nonstudent plaintiffs attempted to post posters and distribute leaflets on a college campus without first obtaining permit required by the college. The campus police officers told plaintiffs they needed permit and directed them to Student Affairs office where students were told they would not get a permit that day. The officers told plaintiffs they would have to leave campus and one refused and continued passing out leaflets despite numerous warnings by officers who eventually arrested him. The court held that college's permit requirement was unconstitutional, officers had immunity under Government Code Sec. 820.6--which provides immunity where public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable--and from plaintiffs' action under Bane Act, which provides a civil remedy for persons whose exercise of constitutional rights have been interfered with by "threats, intimidation or coercion." Defendants had reasonable cause to believe that arrested plaintiff violated Penal Code Sec. 148(a)(1) by willfully resisting, delaying or obstructing a police officer.

Where nonstudent plaintiffs attempted to post posters and distribute leaflets on a college campus without first obtaining permit required by the college. The campus police officers told plaintiffs they needed permit and directed them to Student Affairs office where students were told they would not get a permit that day. The officers told plaintiffs they would have to leave campus and one refused and continued passing out leaflets despite numerous warnings by officers who eventually arrested him. The court held that college's permit requirement was unconstitutional, officers had immunity under Government Code Sec. 820.6--which provides immunity where public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable--and from plaintiffs' action under Bane Act, which provides a civil remedy for persons whose exercise of constitutional rights have been interfered with by "threats, intimidation or coercion." Defendants had reasonable cause to believe that arrested plaintiff violated Penal Code Sec. 148(a)(1) by willfully resisting, delaying or obstructing a police officer.

County had duty to apply for disability retirement on employee's behalf under Government Code Sec. 21153 where even though county did not believe she was disabled, the County found her to be incapable of performing her job duties and treated her as though she was disabled.

Where company that acquired a county hospital defaulted on its line of credit and defendant sent e-mail message to medical executive committee members and several others concerning hospital's financial condition, e-mail message involved matter of public interest within meaning of anti-SLAPP statute. Company failed to show it would prevail on its claims of defamation, where e-mail suggested company was near bankruptcy but company did not provide evidence of finances showing that suggestion was false; breach of contract, where defendant's employer contractually agreed with company to publicly support it, but there was no evidence defendant personally waived his First Amendment rights; and tortious interference in business with third party, where defendant never sent e-mail to third party and company showed no evidence of defendant's intent to interfere in its negotiations with third party.

A decision regarding pregnancy and sex discrimination under the FEHA.

Article XII, Sec. 5 of the California Constitution--which provides in part that, "[t]he Legislature has plenary power, unlimited by the other provisions of this constitution but consistent with this article, to confer additional authority and jurisdiction upon." Public Utilities Commission--does not preclude the people, through the initiative process, from adopting statutory provision granting additional authority to PUC. Strong presumption against pre-election resolution of challenge to initiative measure is inapplicable where challenge is based on contention that measure in question is not the type of measure that may be adopted through initiative process. However, since normally such a claim will not become moot after election, when such a challenge is brought prior to an election, a court should recognize that need for an expedited pre-election resolution is less compelling than with other types of challenges and should take into consideration availability of postelection relief in deciding whether it is preferable to resolve issue before or after election.

A decision regarding punitive damages for breach of contract. An attorney representing the purchaser of stock agreed to act as an escrow holder for the transaction. The seller delivered his stock certificates to the attorney, to be held in escrow. After delays in the closing of the transaction, the seller decided to terminate the sale. He provided to both the purchaser and the attorney a written notice of rescission and demand to return documents. This notwithstanding, the attorney proceeded to close the transaction and to deliver the stock certificates to the transfer agent with instructions to effectuate the transfer of the shares.

A decision regarding terminating parental rights.

A modification decision.

A modification decision.

A decision regarding first degree murders, felon in possession of a firearm and murder and personal use of a firearm in the commission of the murders.

A decision regarding first degree murders, felon in possession of a firearm and murder and personal use of a firearm in the commission of the murders.