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| Towns v. Davidson, C050829,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 2, 2007, Filed
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Overview: Doctrine of primary assumption of risk barred an injured skier's recovery from a resort and an employee who collided with the skier while both were skiing because the risk of collisions was so inherent and obvious that the skier assumed that risk no matter who the other skier was. Aggressive skiing did not create a factual issue as to recklessness.
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| Alcala v. City of Corcoran, F049383,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 5, 2007, Filed
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Overview: Because a city was a public entity and had adopted a policy governing vehicular pursuits containing the minimum standards set forth in Veh. Code, § 17004.7, subd. (c), it had immunity from liability for the personal injury and death of an individual injured in an accident resulting from a high-speed pursuit initiated by the city's police officers.
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| Conservatorship of Ben C., S126664,
SUPREME COURT OF CALIFORNIA, February 5, 2007, Filed
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Overview: Because the Anders/Wende procedures were inapplicable to appeals in conservatorship proceedings under California's Lanterman-Petris-Short Act, Welf. & Inst. Code, § 5000 et seq., court of appeal, upon being advised that counsel found no arguable issues, was not required to perform an independent review before affirming conservatorship judgment.
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| In re Walker, B190637,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 5, 2007, Filed
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Overview: In light of developments in the law, specifically Pen. Code, § 1473.5, and Evid. Code, § 1107, an inmate was entitled to new trial because a reasonable probability existed that, if presented with expert testimony on intimate partner battering and its effects, she might have been convicted of voluntary manslaughter rather than second-degree murder.
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| Jones v. Lodge at Torrey Pines Partnership, D046600,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 5, 2007, Filed
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Overview: In an employee's action for sexual orientation discrimination and retaliation under Gov. Code, § 12940, there was sufficient evidence of adverse employment action using a totality-of-the-circumstances approach, in part, because after the employee confronted a supervisor, he got warning notices based on false charges and was excluded from meetings.
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| North Kern Water Storage Dist. v. Kern Delta Water Dist., F047706,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 5, 2007, Filed
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Overview: Because daily records of water use did not exist for the relevant period to determine whether a forfeiture of water rights had occurred under Wat. Code, § 1241, the trial court reasonably chose a monthly measurement period, which did not prejudice the junior appropriator because a greater measurement period resulted in greater forfeiture.
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| People v. Freeman, D046394, D048111, D049238,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 5, 2007, Filed
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Overview: Fundamental due process error occurred when the trial judge, who had previously recused himself based on his friendship with a judicial colleague who defendant was rumored to be stalking, was reinstated into the case notwithstanding the repeated protests of defendant and under circumstances reflecting a persistent appearance of bias.
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| People v. Smith, S035348,
SUPREME COURT OF CALIFORNIA, February 5, 2007, Filed
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Overview: In a capital murder case, defendant's mental impairments at the time of his interviews with police did not render his statements involuntary, where the record did not show that the interrogating officers were aware of, or exploited, his claimed psychological vulnerabilities in order to obtain statements from him.
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| Ramos v. Superior Court, B192395,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 5, 2007, Filed
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