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| California Commerce Casino, Inc. v. Schwarzenegger, B188220,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 23, 2007, Filed
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Overview: In a case in which plaintiffs challenged the constitutionality of Assembly Bill No. 687 (2003-2004 Reg. Sess.), which ratified amended gaming compacts between California and five Indian tribes, the action was time-barred, where plaintiffs did not file the action within 30 days of the legislation's enactment as required by Code Civ. Proc., § 860.
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| Kemp Bros. Construction, Inc. v. Titan Electric Corp., G035607,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 23, 2007, Filed
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Overview: Prime contractor was not entitled to an attachment order against a subcontractor on collateral estoppel grounds without proving the probable validity of the claim under Code Civ. Proc., § 481.190; a hearing officer's ruling that there were statutory grounds for substitution did not establish that the subcontractor breached the parties' contract.
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| Landwatch Monterey County v. County of Monterey, H028659,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 23, 2007, Filed
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Overview: Environmental group failed to cite substantial evidence to support a fair argument under Cal. Code Regs., tit. 14, § 15064, subd. (f)(1), for significant environmental impacts from a subdivision project approved with a mitigated negative declaration under Pub. Resources Code, § 21064.5; no expert testimony supported a groundwater overdraft claim.
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| People v. Coleman, B186264,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 23, 2007, Filed
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Overview: A carjacking conviction was not supported by sufficient evidence because the victim was not within any physical proximity to vehicle, the keys she relinquished were not her own, and there was no evidence that she had ever been a driver of or passenger in the vehicle; Pen. Code, § 215 was designed to address the violent nature of vehicle takings.
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| Pugliese v. Superior Court, B193835,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 23, 2007, Filed
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Overview: In a domestic violence action against a former husband, it was error to exclude all references to acts of domestic violence allegedly occurring three years prior to the date that the wife filed her claim because Code Civ. Proc., § 340.15, permitted recovery for a continuing course of abusive conduct if suit was filed within three years of last act.
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| Said v. Jegan, B182232,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 23, 2007, Filed
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Overview: Trial court erred in denying ex-husband's petition to determine he was not father of ex-wife's child on the ground that he lacked standing as a presumed father because he presented sufficient evidence to show he might qualify as the presumed father, pursuant to Fam. Code, § 7611, subd. (d); he had been named as father on child's birth certificate.
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| Savient Pharmaceuticals, Inc. v. Department of Health Services, C050171,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 23, 2007, Filed
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Overview: AIDS Drug Assistance Program formulary was a regulation, as defined in Gov. Code, § 11342.600, because it reflected an administrative determination under Health & Saf. Code, § 120955, subd. (a)(2), of the drugs to be provided; thus, compliance with the California Administrative Procedure Act was necessary in delisting a drug from the formulary.
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| Stone v. Center Trust Retail Properties, Inc., B181180,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 23, 2007, Filed
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Overview: In a premises liability action, the trial court erred by failing to instruct the jury that a landlord's duty of reasonable care under Civ. Code, § 1714, included the duty to inspect the premises, which attached upon entry of a judgment of possession in an unlawful detainer action and included reasonable periodic inspections thereafter.
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| Vergos v. McNeal, C051469,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 23, 2007, Filed
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Overview: In a civil rights action by a state university employee arising from his sexual harassment allegations, a motion to strike should have been granted under Code Civ. Proc., § 425.16, the anti-SLAPP statute, as to a manager who denied the employee's administrative grievances because the manager was acting to further the employee's right to petition.
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