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| Community Youth Athletic Center v. City of National City, D052584,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 22, 2009, Filed
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Overview: Although an incorrect response date in a summons in a validation action was a jurisdictional defect under Code Civ. Proc., ¿¿ 861, 861.1, 862, denying leave to republish the summons was an abuse of discretion; the good cause for relief provision of Code Civ. Proc., ¿ 863, should have been more broadly interpreted in light of Code Civ. Proc., ¿ 866.
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| In re Corrine W., S156898,
SUPREME COURT OF CALIFORNIA, January 22, 2009, Filed
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Overview: Term "liability insurance" in Welf. & Inst. Code, ¿ 11460, subd. (b), was insufficiently precise to compel the California Department of Social Services to pay for a foster child's automobile liability insurance. Thus, the superior court properly refused to compel a county agency to pay for the foster child's automobile liability insurance.
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| In re Jose C., S158043,
SUPREME COURT OF CALIFORNIA, January 22, 2009, Filed
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Overview: A juvenile was properly declared a ward of the court under Welf. & Inst. Code, ¿ 602, based on a finding that he violated federal law by bringing six aliens into the United States without presentation at the border because ¿ 602 was not preempted by 18 U.S.C. ¿ 3231 or any other provision of federal law.
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| Legal Services for Prisoners with Children v. Bowen, A120220,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 22, 2009, Filed
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Overview: Petitioners' argument that U.S. Const., 14th Amend., ¿ 2, which allows states to disenfranchise citizens for participation in rebellion or other crime, is limited to felonies at common law, was rejected, and their petition for a writ of mandate was denied; there was no historical evidence to support petitioners' claim.
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| Lu v. Hawaiian Gardens Casino, Inc., B194209,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 22, 2009, Filed
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Overview: In a case in which plaintiff challenged the legality of a casino's policy of requiring casino dealers to contribute part of the gratuities they received to a tip pool, plaintiff did not have a private right to sue directly under Lab. Code, ¿¿ 351 & 450, but plaintiff did have a cause of action under California's UCL for a violation of ¿ 351.
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| People v. Myers, No. B205941,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 22, 2009, Filed
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Overview: The trial court properly denied defendant's motion requesting that his conviction for possession of cocaine in violation of Health & Saf. Code, ¿ 11350, be reduced from a felony to a misdemeanor. The statute's plain language made it clear that its violation by defendant was a felony that could not be reduced to a misdemeanor.
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| People v. Quintanilla, B203825,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 22, 2009, Filed
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Overview: A full consecutive sentence under Pen. Code, ¿ 667.6, subd. (c), was properly imposed against defendant convicted of aggravated sexual assault of child and forcible lewd act, as factors in aggravation of punishment were strong, while only potential factor in mitigation was recognized and served to reduce his prison term as court deemed appropriate.
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| People v. Sardinas, B207979,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 22, 2009, Filed
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Overview: Denial of defendant's motion to suppress was proper where substantial evidence supported a finding that a parole search of his person, which resulted in discovery of rock cocaine, was not conducted to harass or for any other arbitrary reason, but rather for a legitimate law enforcement purpose, and was thus reasonable under U.S. Const., 4th Amend.
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| People v. Wagner, G039038,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 22, 2009, Filed
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Overview: Where evidence was undisputed that young woman defendant was accused of "inducing" was already a prostitute, indeed, that she was engaged in soliciting business at very time he was alleged to have been encouraging her to begin working for him, defendants conviction for pandering in violation of Pen. Code, ¿ 266i, subd. (b)(1), had to be reversed.
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