CA Pub. Decisions

A decision as to "whether the probate petitions he planned to file would violate the no contest clauses in the will and declaration of trust (trust) executed by his father".

A decision regarding termination of parental rights .

A criminal law decision regarding second degree burglary.

This case again raises the unsettled question of whether Penal Code section 654 requires the trial court to stay one of two sentences imposed for the same act where one of the sentences was for an enhancement, not a punishment for a freestanding offense. In the published portion of this opinion, we hold that section 654 was applicable because the enhancement was based on defendant's conduct in committing the crime--not a status such as having a record of prior convictions

This case again raises the unsettled question of whether Penal Code section 654 requires the trial court to stay one of two sentences imposed for the same act where one of the sentences was for an enhancement, not a punishment for a freestanding offense. In the published portion of this opinion, we hold that section 654 was applicable because the enhancement was based on defendant's conduct in committing the crime--not a status such as having a record of prior convictions

A decision as to application of regulation by a department. "A regulation that embodies the only legally tenable interpretation of a provision of law.”

A decision regarding trade secret and taking " applications for the original registration of other pesticides containing metalaxyl and oryzalin, or for an amendment adding a new use to a registration, have not established a taking" .

A declaratory judgment construing former Food and Agricultural Code section 12811.5 to mean that the Department â€

A decision regarding Injunction against the department.

A decision regarding trade secret in which court opined "Department has broad discretion to develop and implement a program to evaluate pesticides and to determine what data are applicable to a particular application for registration",

A decision regarding violation of the Uniform Trade Secrets Act, seeking a prohibitory injunction; unlawful taking without just compensation under the United States and California Constitutions; violation of the equal protection clauses of the United States and California Constitutions;

A decision in which Syngenta Crop Protection, Inc. (Syngenta), developed a substance known as metalaxyl, and Dow Agrosciences LLC (Dow) developed a substance known as oryzalin, both used as active ingredients in pesticides. Syngenta and Dow submitted to the state Department of Pesticide Regulation (the Department)[1] data concerning the health effects and environmental impacts of the active ingredients and obtained certificates of registration from the Department for products containing metalaxyl and oryzalin. Gustafson LLC (Gustafson), a pesticide manufacturer, later obtained registrations from the Department for pesticides containing metalaxyl, and other companies obtained registrations for pesticides containing oryzalin.

A tort action arising from an off-roading collision in which the 14-year-old operator of an all-terrain vehicle (ATV) on public land without adult supervision or a prescribed safety training.

A modification decision.