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| August Entertainment, Inc. v. Philadelphia Indemnity Ins. Co., B184276,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 8, 2007, Filed
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Overview: Directors and officers policy issued under Corp. Code, § 317, subd. (i), did not cover corporation's contractual debt or officer's liability for breaching a contract because breach of contractual obligation asserted did not give rise to a loss caused by a wrongful act within meaning of policy; thus, insurer was not liable for underlying settlement.
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| Eureka Citizens for Responsible Government v. City of Eureka, A113289,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 8, 2007, Filed
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Overview: EIR prepared for church's use of portion of its property as school playground was adequate under CEQA for its required purposes because city provided sufficient factual basis for its ultimate findings that noise levels generated by project would not have a significant environmental impact and that project's aesthetic impacts would be insignificant.
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| In re James F., B188863,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 8, 2007, Filed
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Overview: In dependency proceedings, the juvenile court committed reversible error, regardless of the strength of the evidence supporting a termination of parental rights, because it appointed a guardian ad litem for the father under Code Civ. Proc., § 372, without explaining the consequences. The error was structural and did not require a harm analysis.
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| People v. Wilmshurst, C050103,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 8, 2007, Filed
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Overview: In a weapons possession case, defendant's Fifth Amendment privilege against self-incrimination was not violated by the inclusion in a search warrant affidavit of records that defendant's federal firearms license required him to keep. Federal firearms licensing was a regulatory program of general application that did not implicate criminal activity.
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| Wagner v. Columbia Pictures Industries, Inc., B184523,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 8, 2007, Filed
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Overview: Where there was no evidence a television production company ever acquired the movie rights to a television series by exercising its right of first refusal or in any other way connected to its right to exhibit photoplays of the series, a reasonable trier of fact could not find that the production company acquired the movie rights to the series.
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| London Market Insurers v. Superior Court, B189000,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 9, 2007, Filed
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Overview: In an insurance coverage action relating to asbestos products, it was error to find that all injuries in tens of thousands of claims arose from a single "occurrence" because as used in the commercial general liability policies at issue "occurrence" meant injurious exposure to asbestos, not the manufacture and distribution of those products.
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| Neilson v. City of California City, F049143,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 9, 2007, Filed
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Overview: Redevelopment agency interpreted Health & Saf. Code, § 33031, subd. (a)(4), erroneously when it found that a lack of legal and physical access to a right-of-way meant that vacant lots were of irregular form and shape; access did not determine the regularity of a lot's form and shape for purposes of a blight finding under § 33031, subd. (a)(4).
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| People v. Eastman, F049395,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 9, 2007, Filed
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Overview: Where defendant claimed his motion to withdraw his no contest plea was based on inadequate representation by his appointed counsel and defendant stated facts that could constitute good cause to withdraw his plea, the trial court erred in not holding a Marsden hearing and instead appointing a second attorney to investigate defendant's claims.
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| Schatz v. Allen Matkins Leck Gamble & Mallory LLP, D047347,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 9, 2007, Filed
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Overview: In a case involving an attorney fee dispute between a client and a law firm, the client was entitled pursuant to Bus. & Prof. Code, § 6204, to a trial de novo and was not bound by the binding arbitration provision of his retainer agreement with the firm, even though the client had signed a prospective waiver of trial after arbitration.
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