CA Pub. Decisions

The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner) and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg.[1] The Tverbergs appeal the judgment against them, contending that Fillner is liable for their injuries because of its (1) negligent exercise of retained control and (2) breach of a nondelegable regulatory duty. We reverse the judgment.

A jury convicted defendant, Raymond Chatman, of assault with a deadly weapon, i.e., a hammer (Pen. Code, § 245, subd. (a)(1))[1] and exhibiting a deadly weapon (§ 417, subd. (a)(1)). He was granted probation and appeals claiming the trial court erred in excluding statements he made, refusing to give instructions on self-defense and imposing the costs of some services provided to him. Court reject his contentions and affirm.

Plaintiffs and appellants Russell Smith and Helga Smith appeal from a judgment after a court trial in an action for breach of contract and promissory estoppel against defendant and respondent First Principle Church (Church or the Church). (For ease of reference and not out of disrespect, we shall hereafter refer to Russell Smith as â€

A modification decision.

A modification decision.

Appellant Joyce Turman sued her former employer, respondent Turning Point of Central California, Inc. for gender discrimination based on disparate treatment and a hostile work environment. At the conclusion of the evidence at trial, the court instructed the jury on disparate impact rather than disparate treatment, opining that the evidence produced at trial supported the former. The jury returned a verdict in favor of respondent, specifically finding that respondent did not have an employment practice that had a disproportionate effect on women. In addition, the jury found that while appellant was subjected to a hostile work environment, respondent did not fail to take immediate and corrective action to alleviate the harassment.
On appeal, appellant claims there was not substantial evidence to support the jury's finding that defendant did not fail to take immediate and corrective action to alleviate appellant's hostile work environment. In addition, appellant asserts the trial court erred by failing to instruct the jury on disparate treatment. Appellant also asks that in the event we remand the matter for a new trial, that her punitive damages allegations be revived.

Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€

Penal Code section 424 provides that each officer of any school district in this state who is charged with the â€

One of the issues in this appeal from the resentencing of Federico Rosas for two attempted murders of a rival gang member raises a question of first impression in criminal sentencing procedure: Does a trial court, upon appellate remand for resentencing, have the legal authority to make a new restitution fine order, even if the original restitution order was never addressed in the appeal that led to the remand in the first place? Or, alternatively, is the original restitution order â€

Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport Beach condo. The homeowner association said he was responsible for the repair bill on the theory that the sewer pipe was â€

A jury convicted defendant Henry Cabrera of carjacking (Pen. Code, § 215, subd. (a); all statutory references are to this code unless otherwise stated; count 1); attempted second degree robbery (§§ 211, 212.5, subd. (c), 664; count 2); possession of a firearm by a felon (§ 12021, subd. (a)(1); count 3); street terrorism (§ 186.22, subd. (a); count 4); evading police while driving recklessly (Veh. Code, § 2800.2; count 5); receiving a stolen vehicle (§ 496d, subd. (a); count 6); carrying a loaded firearm by a gang member (§ 12031, subd. (a)(1), (2)(c); count 7); and unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a); count 8.) The jury found true a gang enhancement (§ 186.22, subd. (b)) for counts 1 through 3 and 5 through 7 and that defendant personally used a firearm (§ 12022.53, subd. (b)) while committing counts 1 and 2. In a bench trial the court found that defendant had one prior strike (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)), a prior serious felony conviction (§ 667, subd. (a)(1)), and a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to 30 years to life.
Defendant argues there was insufficient evidence to support the street terrorism conviction or the gang enhancement and the court erroneously excluded an exculpatory statement which should have been admitted under Evidence Code section 356 and failed to instruct the jury on a crime on which the prosecution relied to prove the gang's primary activity. court affirm.

Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing for every hour he spent teaching. Sheppard sued NOCROP and sought compensation for his unpaid preparation time by asserting claims for violation of the minimum wage law, pursuant to the Industrial Welfare Commission's (IWC) wage order No. 4‑2001 (Wage Order No. 4‑2001)[1] and Labor Code section 218, breach of contract, and quantum meruit. (All further statutory references are to the Labor Code unless otherwise specified.)
Following a series of challenges to Sheppard's pleadings, judgment was entered in favor of NOCROP. Sheppard contends the trial court erred by (1) ordering judgment on the pleadings as to the violation of the minimum wage law claim contained in the first amended complaint; (2) sustaining, without leave to amend, NOCROP's demurrer to Sheppard's breach of contract claim as contained in the original complaint; and (3) sustaining, without leave to amend, NOCROP's demurrer to his quantum meruit claim as contained in the third amended complaint.

Plaintiff James Sheppard was a part‑time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing for every hour he spent teaching. Sheppard sued NOCROP and sought compensation for his unpaid preparation time by asserting claims for violation of the minimum wage law, pursuant to the Industrial Welfare Commission's (IWC) wage order No. 4‑2001 (Wage Order No. 4‑2001)[1] and Labor Code section 218, breach of contract, and quantum meruit. (All further statutory references are to the Labor Code unless otherwise specified.)
Following a series of challenges to Sheppard's pleadings, judgment was entered in favor of NOCROP. Sheppard contends the trial court erred by (1) ordering judgment on the pleadings as to the violation of the minimum wage law claim contained in the first amended complaint; (2) sustaining, without leave to amend, NOCROP's demurrer to Sheppard's breach of contract claim as contained in the original complaint; and (3) sustaining, without leave to amend, NOCROP's demurrer to his quantum meruit claim as contained in the third amended complaint.

This case concerns the construction and application of the federal Clean Water Act (Clean Water Act; 33 U.S.C. § 1251 et seq.) and the Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Wat. Code, § 13000 et seq., unless otherwise stated, all further statutory references are to the Water Code).
The superior court entered a judgment issuing a writ of mandate that vacated a resolution by defendant California Regional Water Quality Control Board, Los Angeles Region (Regional Board) after it completed a periodic review of its water quality control plan. The judgment further directed the Regional Board to either reopen the prior review proceeding or, during its next scheduled periodic review, conduct a public
hearing on the plan's water quality objectives applicable to storm water or urban