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| Californians for Alternatives to Toxics v. Department of Pesticide Regulation, C046813,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 15, 2006, Filed
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Overview: A challenge to California Department of Pesticide Regulation's decision to renew a number of pesticide registrations failed because Department's compliance with the applicable statutes and regulations constituted CEQA compliance, and because current information regarding pesticides' impact was insufficient to trigger reevaluation of the pesticides.
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| Capri v. L.A. Fitness International, LLC, B181446,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 15, 2006, Filed
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Overview: A health club member's release and waiver was squarely within the explicit prohibition in Civ. Code, § 1668, against contractual exculpation for a violation of law because he alleged that the club violated the Health Code by allowing algae to grow on a swimming pool deck, causing a slip and fall. The waiver did not bar a claim of negligence per se.
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| In re Charlotte D., No. B183788,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 15, 2006, Filed
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Overview: Substantive due process required a trial court, considering whether to terminate a natural father's parental rights under Prob. Code, § 1516.5, on petition of the child's guardians, to determine whether or not the father had demonstrated, by a preponderance of the evidence, that he had made a full commitment to his parental responsibilities.
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| In re Marriage of Jackson, B180135,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 15, 2006, Filed
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Overview: An order terminating a mother's parental rights was properly invalidated because it was based solely on the parents' stipulation. Substantial evidence supported a finding that there was a stipulation, even though the father did not attend the termination proceeding, in part because he authorized counsel to ensure the enforceability of the order.
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| Lincoln Fountain Villas Homeowners Assn. v. State Farm Fire & Casualty Ins. Co., B178244,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 15, 2006, Filed
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Overview: In an action brought by homeowners association against insurer regarding the adjustment of property damages from the 1994 Northridge earthquake, insurer had no duty to investigate association's new earthquake damage claims, where insurer had already paid association for all earthquake damage found by insurer and claimed by association.
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| People v. Platz, C044660,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 15, 2006, Filed
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Overview: A nine-year-old murder victim's purported consent to being taken by her mother at gunpoint did not provide a defense to the mother's conviction for felony murder. Under Pen. Code, § 207, subd. (d), the law of Washington applied because the kidnapping occurred there, and under Washington law, a child under 16 could not consent to a taking.
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| People v. Vasquez, B175639,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 15, 2006, Filed
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Overview: Second degree murder conviction was reversed because the trial court should have instructed the jury on imperfect self-defense. The evidence was that defendant confronted the victim with an accusation, that the victim then began to choke defendant, and that defendant pulled out a gun and repeatedly shot the victim.
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| Western States Petroleum Assn. v. South Coast Air Quality Management Dist., B181303,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 15, 2006, Filed
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Overview: Rule adopted by air quality management district requiring oil refineries to reduce their emissions of ammonia and small particulate matter by a particular date was properly upheld, where district adequately assessed rule's cost-effectiveness and substantial evidence supported district's determination that the limit on emissions was achievable.
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