CA Pub. Decisions

This case reviews the denial of American Guarantee and Liability Insurance Company's motion to intervene in an action between James Dobbas and Fred Vitas and Fred Vitas Insurance Agency. The action is based on Vitas's failure to obtain excess insurance to cover an injury for which Dobbas was liable and for which American Guarantee was obligated to pay as an excess insurer. American Guarantee's claimed interest in the action is as a subrogee to Dobbas for Vitas's liability for failing to provide insurance to cover the injury. However, since both Vitas and American Guarantee agreed to provide insurance covering the same event, their relationship is not defined by the principles of subrogation, but by the principles of equitable contribution.

Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agreements, which have been under the public's radar in the past, are now coming to light due to the massive budget deficit the State is facing.
California's collective bargaining system for state employees provides an enhanced pension benefit for what are known as â€

Many millions of dollars are at stake in this case. At issue is the process by which a public employee labor union and the Governor negotiate benefits for state employees and then present their collective bargaining agreement to the Legislature for approval and funding. Such agreements, which have been under the public's radar in the past, are now coming to light due to the massive budget deficit the State is facing.
California's collective bargaining system for state employees provides an enhanced pension benefit for what are known as â€

This case involves one of the most egregious types of juror misconduct. During deliberations, a juror performed an experiment at his home under conditions not subject to judicial oversight or cross-examination. He later reported the result, which was unfavorable to defendant, to his fellow jurors, who were struggling over a crucial issue in the case. The jury subsequently convicted defendant Kyle Jordan Vigil of shooting at an occupied dwelling (Pen. Code, § 246),[1] with a true finding that the crime was committed to benefit a criminal street gang (§ 186.22, subd. (b)(1) (hereafter § 186.22(b)(1)), an enhancement that earned him an indeterminate life sentence (§ 186.22, subd. (b)(4)).
Vigil was the driver of the car that was used to commit the charged crimes. The shooter, codefendant Joshua Lawrence Latham, was convicted by the same jury of the same offense and enhancement, as well as an additional count of discharging a firearm in a grossly negligent manner (§ 246.3) for the benefit of a criminal street gang (§ 186.22(b)(1)).
Both defendants appeal. With respect to Vigil, we shall reverse the judgment for prejudicial jury misconduct. With respect to Latham, we find no reversible error and shall affirm.

A jury convicted Todd Robert Dixon of pandering. (Pen. Code, § 266i, subd. (a)(2); further section references are to this code). As was charged here, a person who â€

California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€

California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. II, § 8, subd. (a) [â€

Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress.[1] She contends that the trial court erred in granting defendants' motion for summary adjudication with respect to the causes of action for discrimination, retaliation, and wrongful termination, and that the jury's verdict as to the remaining causes of action must be reversed due to evidentiary and instructional errors. We disagree and shall affirm the judgment.

Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress.[1] She contends that the trial court erred in granting defendants' motion for summary adjudication with respect to the causes of action for discrimination, retaliation, and wrongful termination, and that the jury's verdict as to the remaining causes of action must be reversed due to evidentiary and instructional errors. We disagree and shall affirm the judgment.

Megan Kucker and Bonnie Alexander are successor trustees of the Mona S. Berkowitz Trust (the Trust). They filed a petition to confirm that shares of stock were an asset of the trust. (Prob. Code § 850, subd. (a)(3)(B); see also Estate of Heggstad (1993) 16 Cal.App.4th 943.)[1] The shares had been owned by the deceased trustor, Mona S. Berkowitz (Trustor). Appellants appeal from the probate court's order denying their petition. The probate court erroneously concluded that the Trustor's general assignment to the Trust of her personal property was ineffective to transfer the shares of stock to the Trust. We reverse.

Defendants and petitioners Walnut Valley Unified School District and the Board of Education of the Walnut Valley Unified School District (collectively, Walnut), seek a writ of mandate directing respondent superior court to vacate its order granting a petition for peremptory writ of mandate and/or prohibition (Code Civ. Proc., §§ 1085, 1102) brought by plaintiff and real party in interest Rowland Unified School District (Rowland) and to enter a new order denying Rowland's petition.
The trial court's ruling precluded Walnut from enrolling for the 2010-2011 school year any students residing within Rowland's boundaries pursuant to the District of Choice program. (Ed. Code, § 48300 et seq.)[1]
This is a dispute between two school districts which are competing for students and for the funding those students would bring to the district in which they are enrolled. The District of Choice program (added by Stats. 1993, ch. 160; form. § 48209 et seq.), authorizes a school district to declare itself a â€

Defendant, Tyrone Sharret, appeals from his conviction for possession for sale (count 1) and sale (count 2) of heroin. (Health & Saf. Code, §§ 11351, 11352, subd. (a).) Defendant admitted the truth of the allegations of three prior separate prison terms (Pen. Code, § 667.5, subd. (b)) and a prior drug conviction. (Health & Saf. Code, § 11370.2, subd. (a).) Defendant gave heroin to another person. That person in turn handed the heroin to another individual. That individual handed the heroin to an undercover police officer. Thereafter, defendant was arrested, searched and found to be in possession of even more heroin and $107 in cash.

Craig C. (Father), Elsie C. (Mother), and Christopher C. (Chris)[1] appeal from the juvenile court's visitation order. They contend the manner in which the order was crafted denies them visitation with the four youngest children and allege the juvenile court improperly delegated its power to order visitation. We conclude that Chris's appeal must be dismissed. Finding no error in the court's order, we affirm.

A modification decision.