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State Courts -
California - February 23 - February 24, 2009
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Alshafie v. Lallande, B198798,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 23, 2009, Filed
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Overview: Dismissal of legal malpractice action brought by out-of-state plaintiff, on his own behalf and as guardian ad litem for his daughter, was reversed, where the trial court failed to follow a procedure that ensured plaintiff received full and fair hearing regarding whether he was financially unable to post a bond pursuant to Code Civ. Proc., ? 1030.
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Cahoon v. Governing Bd. of Ventura Unified School Dist., No. B207649,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 23, 2009, Filed
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Overview: School custodian, who pled nolo contendere to a controlled substance offense as a misdemeanor, was properly reinstated. Unless and until the legislature amended Ed. Code, ? 45123, subd. (b), a school district could not automatically terminate a permanent classified employee who entered a plea of nolo contendere to a misdemeanor drug offense.
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Luberski, Inc. v. Oleificio F.LLI Amato S.R.L., G040830,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 23, 2009, Filed
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Overview: Under Code Civ. Proc. ? 410.10, the California court had specific jurisdiction over an Italian olive oil seller because the seller purposefully availed itself of the California forum by agreeing to deliver $ 406,000 worth of olive oil to the purchaser in California. The seller was responsible for the goods until they arrived in California.
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People v. Bunyard, S023421,
SUPREME COURT OF CALIFORNIA, February 23, 2009, Filed
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Overview: In the penalty retrial for defendant's hired murder of his wife, there was no error in admitting an unavailable witness's prior testimony that defendant unsuccessfully solicited him to kill the victim because, before releasing witness on his own recognizance, trial court made a reasonable determination under Pen. Code, ? 1332, that he would appear.
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People v. Hamilton, S052288,
SUPREME COURT OF CALIFORNIA, February 23, 2009, Filed
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Overview: In a capital case, substantial evidence supported the trial court's conclusion that the prosecutor exercised peremptory challenges against all six of the Black prospective jurors for reasons unrelated to race, such as immaturity and favoring the defense; thus, no violation of U.S. Const., 14th Amend., or Cal. Const., art. I, ? 16, occurred.
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Townsend v. Townsend II, D052325,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 23, 2009, Filed
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Overview: A trust beneficiary's proposed challenge to a trust amendment did not violate the trust's no contest clause because the trust, which was executed after the enactment of Prob. Code, ? 21305, subd. (a)(3), made no mention of amendments. Ratification language in the amendment did not render the trust's no contest clause applicable.
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