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| Connerly v. Schwarzenegger, C050204,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 10, 2007, Filed
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Overview: In the absence of an actual or threatened expenditure of public funds to enforce Gov. Code, § 8315, which had been found to be unconstitutional, a citizen did not have taxpayer standing to sue the Governor of California or the Attorney General of California. The citizen was not entitled to an injunction compelling defendants to follow the law.
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| D.H. Williams Construction, Inc. v. Clovis Unified School Dist. , F049526 & F049632,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 10, 2007, Filed
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Overview: Because the Subletting and Subcontracting Fair Practices Act, Pub. Contract Code, § 4100 et seq., had no implied requirement that all subcontractors listed in the bid pursuant to Pub. Contract Code, § 4104, be licensed when prime bids were submitted, a contractor's bid could not be deemed nonresponsive because it listed an unlicensed subcontractor.
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| Knapp v. Palisades Charter High School, B185996,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 10, 2007, Filed
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Overview: Assuming a charter school could demonstrate that it was a nonprofit corporation independent from its chartering authority, a visiting student was not required to present written claims to the school under the California Government Tort Claims Act, Gov. Code, § 900 et seq., before filing sexual harassment and tort claims against the school.
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| Ramos v. Superior Court, B192395,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 10, 2007, Filed
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Overview: Trial court should have dismissed a felony complaint for accessory to murder because defendant's preliminary hearing was continued at the request of codefendants to a date more than 60 days after defendant's arraignment, even though defendant had not waived the 60-day requirement of Pen. Code, § 859b. Pen. Code, § 1050.1, did not change the result.
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| Uphold Our Heritage v. Town of Woodside, A113376,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 10, 2007, Filed
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Overview: In a case in which a town's decision to issue a permit allowing the demolition of a mansion of historic significance under the California Environmental Quality Act was challenged, the town's finding that alternatives to demolition were financially infeasible were not supported by the evidence, at least with regard to two of the alternatives.
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