CA Pub. Decisions

1. RODEN v.AMERISOURCEBERGEN CORPORATION
   Aug 25, 2010
   We now have before us Donald R. Roden (Roden) and AmerisourceBergen Corporation (AmerisourceBergen) in the fourth round of their dispute concerning Roden's entitlements arising out of his employment termination. In the third appeal, we addressed a postjudgment order concernin…
2. PEOPLE v. BENNER
   Aug 25, 2010
   A modification decision.
3. MONTGOMERY v. SUPERIOR COURT OF ORANGE COUNTY,
   Aug 25, 2010
   Laura and Douglas Montgomery (the Montgomerys) are the plaintiffs in a medical malpractice action against physician Mark Knight. They petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation. The trial …
4. NORDSTROM COMMISSION CASES.
   Aug 25, 2010
   Ernest Young and Nicole Savala filed separate class action lawsuits against Nordstrom, Inc., alleging Nordstrom's policy of paying net sales commissions to its commissioned sales employees violated sections 221 and 203 of the Labor Code. (All further statutory references are …
5. MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC Part-I
   Aug 25, 2010
   This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
6. MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC
   Aug 25, 2010
   The order is reversed, and the matter is remanded to the trial court with directions to enter a new and different order granting defendants' motion to compel arbitration. <br />
7. In re MICHAEL
   Aug 25, 2010
   A modification decision.
8. S.B.C.C., INC v. ST. PAUL FIRE & MARINE INSURANCE COMPANY
   Aug 25, 2010
   In this action for insurance bad faith, plaintiff S.B.C.C., doing business as South Bay Construction Company (South Bay) alleged that its insurer, defendant St. Paul Fire & Marine Insurance Company (St. Paul) had wrongfully refused to defend South Bay in an action brought by its …
9. In re A.C v. S.E.
   Aug 25, 2010
   The aim and purpose of Welfare and Institutions Code section 387[1] is the removal of a dependent child from the custody of a parent, guardian, relative, or friend and the placement of that child in a foster home or county institution. The section provides the procedure by which …
10. MOLECULAR ANALYTICAL SYSTEMS v. CIPHERGEN BIOSYSTEMS, INC Part-I
    Aug 25, 2010
    This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
11. PEOPLE v. SOLOMON Part-II
    Aug 25, 2010
    This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
12. PEOPLE v. SOLOMON Part-III
    Aug 25, 2010
    This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
13. PEOPLE v. SOLOMON Part-IV
    Aug 25, 2010
    This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its cla…
14. RIVER GARDEN RETIREMENT HOME v.FRANCHISE TAX BOARD Part-I
    Aug 24, 2010
    For years Revenue and Taxation Code[1] section 24402 allowed California corporate taxpayers to deduct a portion of the dividends they received from another corporation when those dividends were included in the payer's measure of California franchise, income or alternative min…
15. RIVER GARDEN RETIREMENT HOME v. FRANCHISE TAX BOARD Part-II
    Aug 24, 2010
    Court affirm the judgment (1) dismissing River Garden's cause of action for a refund of taxes based on the section 24402 dividends received deduction, following the sustaining of the FTB's demurrer without leave to amend; and (2) granting summary judgment in favor of the …
16. YANEZ v. SOMA ENVIRONMENTAL ENGINEERING, INC
    Aug 24, 2010
    A modification decision.
17. COLLINS v. PLANT INSULATION COMPANY
    Aug 24, 2010
    A modification decision.
18. HINES v. PLANT INSULATION COMPANY Part-I
    Aug 24, 2010
    R. Brian Hines and Jane Hines appeal from the San Francisco Superior Court's denial of their petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) Appellants' writ petition sought to overturn the approval by the Sonoma County Board of Supervisors (Boa…
19. HINES v. PLANT INSULATION COMPANY Part-II
    Aug 24, 2010
    R. Brian Hines and Jane Hines appeal from the San Francisco Superior Court's denial of their petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) Appellants' writ petition sought to overturn the approval by the Sonoma County Board of Supervisors (Boa…
20. REEVES, v. MV TRANSPORTATION, INC
    Aug 24, 2010
    Plaintiff David B. Reeves, age 56, applied for a position as a staff attorney with defendant MV Transportation, Inc. He was not one of the people chosen to be interviewed, and the job was given to someone forty years old. He sued defendant for age discrimination, and the court gr…