California, January, 2010, State Case law

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State Courts - California - January 27, 2010

Arce v. Kaiser Foundation Health Plan, Inc., B215861, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 27, 2010, Filed
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Overview: Proposed class action by an autistic child against a health care service plan should have survived demurrer because the UCL claim sufficiently alleged that the plan had a uniform policy of categorically denying coverage for behavioral and speech therapies without determining whether the services were medically necessary for individual plan members.

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In re G.M., F057848, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 27, 2010, Filed
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Overview: In a parental rights termination case, mother contended juvenile court erred in barring evidence on whether children's great-aunt was eligible to adopt them and improperly failed to consider whether there was a legal impediment to adoption by aunt. However, trial court did not exclude evidence regarding whether a legal impediment existed.

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Los Angeles Unified School Dist. v. County of Los Angeles, B213703, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 27, 2010, Filed
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Overview: School district's Educational Revenue Augmentation Fund revenue under Rev. & Tax. Code, ?? 97.2, 97.3, allocated as property taxes under Rev. & Tax. Code, ? 96.1, subd. (d)(5), had to be included in calculating its percentage share of property taxes, which increased its pass-through allocations under Health & Saf. Code, ? 33607.5.

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People v. Leon, No. B211679, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 27, 2010, Filed
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Overview: Where a reasonable trier of fact could not find beyond a reasonable doubt that defendant's firing of a single bullet into a vehicle constituted lethal force designed and intended to kill everyone in the vehicle, evidence was insufficient to show that he harbored a specific intent to kill second attempted murder victim, and that count was reversed.

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People v. Nero, B206799, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 27, 2010, Filed
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Overview: Because an aider and abettor could be found guilty of lesser homicide-related offense than those the actual perpetrator committed, a trial court prejudicially misinstructed a jury by stating that principals in a crime were equally guilty; misinstruction precluded the jury from finding the codefendant guilty of either a greater or a lesser offense.

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Robles v. Chalilpoyil, H033329, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 27, 2010, Filed
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Overview: False deposition testimony and other alleged misconduct by an expert witness was not protected activity under Code Civ. Proc., ? 425.16, subd. (b)(1); although the deposition testimony was a statement made in the course of a judicial proceeding, that did not insulate the expert from recourse by the parties on whose behalf the statement was made.

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Save the Plastic Bag Coalition v. City of Manhattan Beach, B215788, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 27, 2010, Filed
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Overview: City was properly ordered to prepare an EIR pursuant to CEQA after it enacted an ordinance prohibiting certain retailers from providing plastic shopping bags to customers at the point of sale, where it could be fairly argued based on substantial evidence in the record that the ordinance might have a significant environmental impact.

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State Farm General Ins. Co. v. JT's Frames, Inc., B215457, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 27, 2010, Filed
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Overview: Exercising long-arm jurisdiction pursuant to Code Civ. Proc., ? 410.10, was proper in an insurance case because the nonresident waived the jurisdictional issue by extensively contesting the merits while a writ petition challenging the denial of a motion to quash was pending; Code Civ. Proc., ? 418.10, subd. (e), applied only to preliminary filings.

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