CA Pub. Decisions

A modification decision.

Where police officer saw defendant carrying a beer can down an external flight of stairs connecting second story breezeway to ground floor courtyard within gated apartment complex, officer lacked reasonable suspicion to detain defendant for illegally drinking alcohol in a public place. Evidence of drug possession acquired during detention was inadmissible.

Where defendant's car was parked with its engine idling near a street exit and away from the entrance of a convenience store that was part of a chain of stores that had been recently robbed, although spaces closer to the store were available; officer heard something in the car as he approached defendant, and defendant tried to avoid contact with officer; but there was no evidence officer matched defendant's physical appearance to the description of the robbers prior to the time he detained him; officer lacked specific, articulable facts justifying detention.

In dependency case, lack of client's signature on a notice of appeal that is signed by client's attorney is insufficient to justify an inquiry into client's authorization. Juvenile court's finding of adoptability was supported by substantial evidence where social services agency report included assessment of children's medical, developmental, emotional, and behavioral conditions throughout the two years of their dependency; details of the children's appealing characteristics, including their young ages, affectionate personality traits, positive interactions with others, and attractive physical appearances, that made adoption likely; and evidence that foster mother had no criminal record, was financially secure, emotionally mature, committed to permanent plan of adoption, would face no legal impediment to adoption and would excel, as she had for over two years, at meeting children's needs throughout their lives. Benefit exception based on showing that children would benefit from continuing parent child relationship did not apply to avoid termination of mother's parental rights where, although she loved her children, regularly visited them in their foster home and fed and changed them during visits, children were young, had spent most of their lives with foster mother and received food, shelter, and care from foster mother for over two years.

A modification decision.

California Insurance Guarantee Association could not, under "other insurance" exception, be held liable for plaintiffs' injuries where plaintiff failed to present evidence from which a reasonable trier of fact might have concluded that insolvent insurer's scope of coverage was different from that of the other insurers. Plaintiffs, who settled with solvent insurers for less than policy limits with full knowledge of CIGA's position that such settlements would leave CIGA without liability under the "other insurance" exception, were properly barred from recovering additional sums from CIGA. CIGA was not liable on distinct claims of plaintiff which were not covered by settlements with solvent insurers, but for which insolvent insurer could not have been liable because statute of limitations limited plaintiffs' recovery to damages incurred outside period in which insolvent insurer provided coverage.

California Insurance Guarantee Association could not, under "other insurance" exception, be held liable for plaintiffs' injuries where plaintiff failed to present evidence from which a reasonable trier of fact might have concluded that insolvent insurer's scope of coverage was different from that of the other insurers. Plaintiffs, who settled with solvent insurers for less than policy limits with full knowledge of CIGA's position that such settlements would leave CIGA without liability under the "other insurance" exception, were properly barred from recovering additional sums from CIGA. CIGA was not liable on distinct claims of plaintiff which were not covered by settlements with solvent insurers, but for which insolvent insurer could not have been liable because statute of limitations limited plaintiffs' recovery to damages incurred outside period in which insolvent insurer provided coverage.

Attorney fee award to city in nuisance abatement suit was error where based on ordinance that conflicted with state law by providing for such award only where city prevailed and not to prevailing defendants, and subsequently enacted ordinance permitting recovery of attorney fees by either party could not be applied where it did not become effective until after parties entered into settlement agreement providing that action was deemed dismissed.

Admission of unavailable witness' preliminary hearing testimony did not violate Confrontation Clause where defense counsel had adequate opportunity for cross-examination, even if such cross-examination was hindered because discovery materials were turned over so late as to preclude complete preparation. Defense counsel's lack of objection to admission of police reports containing victim's hearsay statements did not constitute ineffective assistance where counsel made a reasonable tactical decision to use the reports to attack credibility of victim, who did not testify at trial and thus could not rebut the attack. Imposition of upper term sentence based on defendant's admission of having been placed on parole violated federal constitutional right to trial by jury, as such admission was not the equivalent of admitting a prior conviction, which would have been a proper basis for such sentence.

Where agreements between city and developer required developer to "defend, indemnify and hold City...harmless" from any claims for damage resulting from project and to "defend" city from any lawsuits based on such claims, city was not required to tender its defense of such claims to developer in order to obtain indemnification. Such language was insufficient to contractually modify statutory provision allowing indemnitee to conduct its own defense.

Alleged sharing of confidential information obtained from plaintiff by co plaintiff, after co plaintiff secured separate counsel and settled with defendant, did not require disqualification of defense counsel absent showing that co plaintiff actually disclosed plaintiff's confidential information to defense counsel or that plaintiff's sharing of such information with co plaintiff was reasonably necessary to her case.

Under Business and Professions Code Sec. 7125.2, which provides for automatic suspension of a contractor's license as of the date he was required to obtain workers' compensation insurance but did not, a contractor who underreported his payroll in his workers' compensation insurance application was properly held an unlicensed contractor on basis that he failed to obtain workers' compensation insurance.

Where plaintiff's father had signed plaintiff's personal injury complaint in his name at his request, court did not err in finding plaintiff had exercised control over the content and filing of the original complaint and therefore the signature defect could be cured by the filing of a properly signed first amended complaint that related back to the filing of the original complaint.

Where plaintiff's father had signed plaintiff's personal injury complaint in his name at his request, court did not err in finding plaintiff had exercised control over the content and filing of the original complaint and therefore the signature defect could be cured by the filing of a properly signed first amended complaint that related back to the filing of the original complaint.