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| Cotton v. Expo Power Systems, Inc., B205731,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 9, 2009, Filed
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Overview: Because appraisers who determined the fair value of shares pursuant to Corp. Code, ¿ 2000, subd. (c), did not account for a related derivative action, their report failed to appraise the value of a potential asset of the corporation and was incomplete. Confirming the appraisal and deferring valuation was improper under ¿ 2000, subd. (f).
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| Jamgotchian v. Slender, B205337,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 9, 2009, Filed
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Overview: In a case in which race horse owner alleged that racing steward was liable for trespass to chattels because steward prevented owner from retrieving his horse and required that owner's horse be raced against his wishes, a triable issue of fact existed as to whether steward's conduct was a substantial factor in causing owner's harm.
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| Morongo Band of Mission Indians v. State Water Resources Control Bd., S155589,
SUPREME COURT OF CALIFORNIA, February 9, 2009, Filed
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Overview: In an administrative proceeding to revoke a licensee's water license, it did not violate the licensee's constitutional right to due process of law for the attorney prosecuting the license revocation matter before the State Water Resources Control Board to simultaneously serve as an advisor to the board on an unrelated matter.
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| People v. Hamlin, C053982,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 9, 2009, Filed
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Overview: There was sufficient evidence to show that defendant had the intent to commit torture under Pen. Code, ¿ 206, because his wife's testimony supported an inference that during his course of physical assaults on her, he intentionally targeted areas of her body where he had injured her already and thus acted with the intent to cause her severe pain.
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| People v. Watkins, C058337,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 9, 2009, Filed
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Overview: Defendant was estopped from claiming that a search of his car was not validly conducted as a probation search, where defendant falsely identified himself to a police officer. Having concealed his search condition from the officer by unlawfully misidentifying himself, defendant could not be allowed to profit from his own wrongdoing.
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| Spielbauer v. County of Santa Clara, S150402,
SUPREME COURT OF CALIFORNIA, February 9, 2009, Filed
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Overview: Termination of a county employee who refused to answer questions during an investigation of suspected misconduct, after he was advised that his answers could not be used in a criminal proceeding, was valid; U.S. Const., 5th Amend., and Cal. Const., art. I, ¿ 15, did not require the county to provide a formal grant of immunity.
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