CA Pub. Decisions

A modification decision.

A modification decision.

Vehicle Code Sec. 21, which allows a city or county to adopt an ordinance establishing a pilot program to implement procedures for declaring a motor vehicle to be a public nuisance when used in commission of certain crimes and for removing the vehicle excluding forfeiture and which generally prohibits local regulation of "matters covered" by code, expressly preempted city ordinance authorizing the seizure and forfeiture of vehicles used to solicit prostitution.

Order adjudging former trustee to be in direct contempt of court for failure to sign document as previously ordered by the court was invalid where it failed to mention previous order.

In assessing whether Indian child's mother had complied with requirement of Indian Child Welfare Act to show active efforts to prevent the breakup of an Indian family, court did not apply proper standard where it sought evidence beyond a reasonable doubt as opposed to clear and convincing evidence. Court erred in basing statement of decision denying mother's petition to terminate parental rights of child's Indian father solely on expert testimony rather than all the evidence before the court.

Where defendant's spouse was awarded sole possession of the family home and a temporary restraining order against defendant because of his acts of violence toward her, so that even though defendant had a possessory interest in the home, he did not possess the right to enter as an occupant when the spouse was present, defendant could be found guilty of burglarizing the home. There was sufficient evidence to support jury's true findings of allegations that defendant was out on bail on a felony offense at the time of the commission of charged offenses where, although there was no explicit testimony that defendant was arrested for a felony following the previous incident, and the prosecution did not introduce documentary evidence concerning defendant's release on bail following the arrest, substantial evidence supported a finding that defendant was initially charged with a felony concerning the previous incident and therefore had been released on bail on a felony charge.

Where defendant's spouse was awarded sole possession of the family home and a temporary restraining order against defendant because of his acts of violence toward her, so that even though defendant had a possessory interest in the home, he did not possess the right to enter as an occupant when the spouse was present, defendant could be found guilty of burglarizing the home. There was sufficient evidence to support jury's true findings of allegations that defendant was out on bail on a felony offense at the time of the commission of charged offenses where, although there was no explicit testimony that defendant was arrested for a felony following the previous incident, and the prosecution did not introduce documentary evidence concerning defendant's release on bail following the arrest, substantial evidence supported a finding that defendant was initially charged with a felony concerning the previous incident and therefore had been released on bail on a felony charge.

Trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea where defendant during plea hearing indicated numerous times orally and in writing that he understood the consequences of the guilty plea and the rights he was waiving; attested in writing that he was sober and his judgment was not impaired, and did not evidence by his demeanor or medical condition that he was confused to the point of impaired judgment; and consulted with counsel prior to and was represented by counsel at the hearing where he entered the plea and assented to its terms. Under Penal Code Sec. 2900.5(a), which provides that anyone convicted of a felony is entitled to credit against his term of imprisonment for time spent in custody prior to sentencing, a defendant is not in custody prior to being processed into a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution. Trial court awarded correct number of custody credits to defendant by calculating credits beginning at the time he was booked into jail and excluding one additional day of custody credit for time he spent in police custody prior to his official booking.

Speedy sentencing rights provided by Penal Code Sec. 1381 and Sec. 1203.2a apply to a probation revocation proceeding where imposition of sentence was originally suspended.

Where licensed real estate broker was qualifying officer for license of corporate lender, and broker negotiated loan between partnership that included the corporation and borrower, was partnership's primary contact with borrower, and received only incidental financial benefit from the loan, usury exemption for transactions involving licensed real estate brokers applied as a matter of law.

California statutes that prohibit seller of a water treatment device from making performance or benefit claims that device affects health or safety of drinking water, unless the device has been certified by the state Department of Health Services, do not violate the federal Constitution's dormant commerce clause or First Amendment, as applied to health claims made by seller on its Internet site concerning uncertified water treatment devices it offers for sale to California consumers.

A modification decision.

Water quality orders by State Water Resources Control Board and regional board, establishing limitations for coliform effluent at wastewater treatment facility, were not inconsistent with basin plan. Under state water quality law and regulations, a water quality objective stated in a basin plan may be applied to groundwater that has been designated for domestic or municipal supply even if not currently being used for such purposes.

A modification decision.