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State Courts -
California - February 1, 2007
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People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc., B188775,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 1, 2007, Filed
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Overview: Where retired judge's judgment was in favor of franchisor and that judgment was the final judgment, intervenors were not prevailing parties for purposes of recovery of attorney fees. Hence, intervenors were not entitled to fees pursuant to Cal. Rules of Court, rule 8.276, incurred in their successful appeal from a subsequent attorney fee order.
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People v. Zackery, C051431,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 1, 2007, Filed
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Overview: The trial court clerk erred in including in the minutes and the abstract of judgment some provisions that were not in the trial judge's pronouncement of sentence, and this error was compounded by the fact the trial judge erroneously sentenced defendant on a DUI charge under Veh. Code, ? 23152, subd. (a), for which he was not convicted.
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Ricardo V. v. Superior Court, B194013,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 1, 2007, Filed
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Overview: In a case in which a referee had ordered a father's daughter be permanently placed in the father's home, any error that resulted from the trial court's alternate reading of Welf. & Inst. Code, ? 250, when it vacated the referee's order was harmless. In addition, the father failed to preserve this issue by not raising it in the trial court.
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Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, S132972,
SUPREME COURT OF CALIFORNIA, February 1, 2007, Filed
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Overview: EIR for large, mixed-use development project was inadequate under CEQA because it failed to inform decision makers and the public of county's plan of long-term provision of water to the development, and hence failed to disclose the impacts of providing the necessary supplies in the long term, as required by Pub. Resources Code, ? 21100, subd. (b).
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Vivid Video, Inc. v. Playboy Entertainment Group, Inc., B192186,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 1, 2007, Filed
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Overview: An appeal from the denial of a motion to compel arbitration was dismissed because the trial court's order did not resolve the issue of whether some or all of plaintiffs' claims were to be arbitrated. Therefore, no appealable final judgment had been entered within the meaning of Code Civ. Proc., 1294, subd. (c).
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