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| People v. Phillips, C048887,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2006, Filed
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Overview: Trial court did not err in denying defendant's Faretta motion after making initial finding that defendant made an unequivocal request to represent himself. Trial court properly inquired into defendant's dissatisfaction with his attorney and found that defendant in fact did not want to represent himself but preferred instead to proceed with counsel.
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| California Highway Patrol v. Superior Court, A109209,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 4, 2006, Filed
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Overview: Law enforcement agency's recovery of emergency response costs from a drunk driver who caused an accident included the cost of law enforcement expenses such as performing a field sobriety test and making an arrest; Gov. Code, § 53156, subd. (a), did not limit recoverable costs to traffic control, vehicle storage, and accident investigation.
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| Davis v. Newmar Corp., B174944,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 4, 2006, Filed
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Overview: A purchaser of a motor home could not state a claim under the California Song-Beverly Consumer Warranty Act, Civ. Code, § 1790 et seq., where the motor home was not sold in California. Although the sale of the home was negotiated pursuant to a contract governed by California law, the Act did not apply because title passed outside of California.
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| Overton v. Walt Disney Co., B179854,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 4, 2006, Filed
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Overview: Employees who were assigned to a satellite parking lot one mile from the employee entrance were not entitled to compensation from their employer for their travel time on a shuttle bus provided by the employer because the employees were not required to drive to work and take the shuttle.
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| People ex rel. Monterey Mushrooms, Inc. v. Thompson, H026396,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 4, 2006, Filed
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Overview: The exclusivity provisions of the California Workers' Compensation Act did not bar an action initiated by the People under Ins. Code, § 1871.7, alleging that defendants had submitted fraudulent claims for compensation proscribed by Pen. Code, § 550.
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| Wayne v. Staples, Inc., B178160,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 4, 2006, Filed
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Overview: As an authorized shipping outlet for a parcel delivery service, a retailer that offered declared value coverage to its shipping customers at a price that included a markup or margin was not exempt from insurance licensing requirements under Ins. Code, § 1635, subd. (h), because its profit on the transactions constituted commissions.
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| People v. Jackson, B180087,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 5, 2006, Filed
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| People v. Shelton, S124503,
SUPREME COURT OF CALIFORNIA, January 5, 2006, Filed
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Overview: Where defendant pled guilty to stalking in violation of a protective order and making a criminal threat, he could not raise a multiple punishment argument on appeal without obtaining a certificate of probable cause for the appeal pursuant to Pen. Code, § 1237.5, because his challenge went to the plea's validity.
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| Bosworth v. Whitmore, B163771,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 6, 2006, Filed
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Overview: Although trial court properly set arbitration completion date, it erred in removing original arbitrator because his reluctance to promise completion by court's deadline did not constitute failure to act under Code Civ. Proc., § 1281.6, so as to justify his removal; thus, appointment of successor arbitrator was unauthorized, and his award was void.
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