CA Pub. Decisions

A decision regarding breach of contract and alleged causes of action for false promise without the intent of performing, intentional interference with prospective business advantage, and breach of fiduciary duty.

Lesbian petitioner whose former partner had child through artificial insemination from anonymous donor, then left petitioner, taking the child with her, may have standing to bring action under Uniform Parentage Act to establish parental relationship with the child, and will be presumed to be child's parent, if she received child into her home and openly held out the child as her natural child. Presumption of parenthood may be rebutted where presumed parent is not the biological parent; court must consider whether presumed parent actively participated in causing child to be conceived with the understanding that she would raise child as her own together with the birth mother, whether presumed parent voluntarily accepted the rights and obligations of parenthood after child was born, and whether there are competing claims to being child's second parent.

A decision regarding orders of the family court which modified a prior juvenile court exit order concerning visitation rights and child support payments.

A modification decision.

Conviction for concealing or destroying evidence is not a misdemeanor related to use of drugs for purposes of Proposition 36 treatment, even if the concealed or destroyed evidence is drugs or drug-related.

A decision reagarding Conviction for concealing or destroying evidence is not a misdemeanor related to use of drugs for purposes of Proposition 36 treatment, even if the concealed or destroyed evidence is drugs or drug-related.

A decision wherein held Defendant's procedural rights under the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36) and due process rights were not violated where court conducted single hearing on two separate petitions to revoke probation. There was substantial evidence to support finding that the defendant was unamendable to drug dependency treatment, and therefore to support revocation of probation, where evidence showed that defendant was removed from the treatment program for three positive tests and one failure to test, and defendant was subsequently found with a device designed to circumvent a urine test.

A decision Where plea offer was extended to multiple defendants on condition that all accept, and one of those defendants subsequently declared that he was threatened by the co-defendant that he would be harmed in prison if he declined the offer, such declaration, combined with judge's substantial involvement in encouraging defendants to accept "package deal", established basis for withdrawal of plea based on coercion and denial of motion to withdraw plea was an abuse of discretion. "Strike" allegation may be added to information by informal oral amendment, made in open court in presence of defendant and counsel, absent prejudice.

A decision Where plea offer was extended to multiple defendants on condition that all accept, and one of those defendants subsequently declared that he was threatened by the co-defendant that he would be harmed in prison if he declined the offer, such declaration, combined with judge's substantial involvement in encouraging defendants to accept the "package deal", established basis for withdrawal of plea based on coercion and denial of motion to withdraw plea was an abuse of discretion. "Strike" allegation may be added to information by informal oral amendment, made in open court in presence of defendant and counsel, absent prejudice.

A decision regarding validation proceeding, declaratory relief, injunctive relief, and petition for writ of mandate.

A decision regarding validation proceeding, declaratory relief, injunctive relief, and petition for writ of mandate.

A decision regarding validation proceeding, declaratory relief, injunctive relief, and petition for writ of mandate.

A decision regarding a breach of contract, breach of the duty of good faith and fair dealing, and professional negligence.

A decision wherein Defendant who has been sentenced to death or life in prison without the possibility of parole is not required to make a showing that the prosecution failed to turn over discovery materials it was obligated to produce at trial in order to obtain Penal Code Sec. 1054.9 post-conviction discovery.