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State Courts -
California - February 1 - February 3, 2010
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Brown, Winfield & Canzoneri, Inc. v. Superior Court of Los Angeles, S156598,
SUPREME COURT OF CALIFORNIA, February 1, 2010, Filed
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Overview: On a petition for writ relief, the court of appeal did not err in issuing a suggestive Palma notice stating that the trial court should reinstate a stay because a suggestive Palma notice, even if styled as an order, did not obligate the lower court. If the lower court chose to revisit its ruling, an opportunity to be heard was required.
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In re E.J., S156933, S157631, S157633, S157634,
SUPREME COURT OF CALIFORNIA, February 1, 2010, Filed
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Overview: Claims that Pen. Code, ? 3003.5, subd. (b), was an unreasonable, vague, and overbroad parole condition that infringed on a number of petitioners' fundamental constitutional rights presented complex "as applied" challenges to the enforcement of the new residency restrictions in the respective jurisdictions to which each petitioner had been paroled.
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Woodland Park Management, LLC v. City of East Palo Alto Rent Stabilization Bd., A124154,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 1, 2010, Filed
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Overview: Although E. Palo Alto Ord. No. 076, ? 15.A.5, provided for attorney fee awards to the prevailing party in any civil proceedings brought by a landlord or a tenant thereunder, a prevailing landlord in a Code Civ. Proc., ? 1085, mandate proceeding could not recover fees because the ordinance did not appear to contemplate fee awards against the city.
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Basden v. Wagner, C057195,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 2, 2010, Filed
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Overview: Because a mother who cared for two adult children with disabilities was not employed full-time, within the meaning of Welf. & Inst. Code, ? 12300, subd. (e), in providing full-time in-home supportive services (IHSS) to her son, the mother was not disqualified from also providing IHSS-funded care to her daughter.
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Kuish v. Smith, G040743,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 3, 2010, Filed
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Overview: Because no actual damages resulted when a buyer breached a real estate sales contract and a third party paid a higher price, Civ. Code, ? 3307, limited recovery to consequential damages and interest. Retention of a deposit described as nonrefundable was an invalid forfeiture in light of the policy concerns in Civ. Code, ?? 1670, 1671, 3294, 3369.
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People v. Aguilar, E047830,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 3, 2010, Filed
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Overview: Victim's testimony that he had intended to return to his apartment after being relocated because of a fire was sufficient to establish that the apartment was an inhabited dwelling for purposes of Pen. Code, ?? 459, 460, when a burglary occurred, even though the victim was later informed that the fire damage was so severe that he could not return.
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