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| Savient Pharmaceuticals, Inc. v. Department of Health Services, C050171,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 6, 2007, Filed
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| Behniwal v. Mix, G037200,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 7, 2007, Filed
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Overview: Trial court erred in allowing home buyers to deduct their attorney fees off the top of the purchase price after granting specific performance on their claim against sellers because judgment functioned as a lien by giving buyers and their attorney first dibs on any proceeds from property's sale, effectively circumventing Code Civ. Proc., § 704.950.
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| People v. Perdomo, B186098,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 7, 2007, Filed
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Overview: In a vehicular manslaughter case, defendant's statements to police officers were voluntary under the Fourteenth Amendment; although defendant was under the influence of pain medications when he spoke to the officers in the intensive care unit of the hospital, his thinking was not significantly impaired by the medications and there was no coercion.
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| People v. Smith (Dwayne), S148918,
SUPREME COURT OF CALIFORNIA, February 7, 2007, Filed
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| Uphold Our Heritage v. Town of Woodside, A113376,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 7, 2007, Filed
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| Capen v. Shewry, C047172,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 8, 2007, Filed
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Overview: A doctor's proposed surgical clinic was subject to a licensing requirement under Health & Saf. Code, § 1204, subd. (b)(1), where the doctor would wholly own and operate the clinic, and the clinic would be used by physicians who would not share in its ownership or operation.
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| Jones v. Lodge at Torrey Pines Partnership, D046600,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 8, 2007, Filed
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| People v. Chacon, S125236,
SUPREME COURT OF CALIFORNIA, February 8, 2007, Filed
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Overview: In a prosecution for violating Gov. Code, § 1090, defendant, who sought and obtained appointment as city manager while a member of the city council, could not assert the defense of entrapment by estoppel by claiming that she relied on the advice of the city attorney, who served at the pleasure of the city council.
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| Reigelsperger v. Siller, S131664,
SUPREME COURT OF CALIFORNIA, February 8, 2007, Filed
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Overview: Arbitration agreement between a chiropractor and a patient, which stated that it applied to treatment "now or in the future," was enforceable as to a medical malpractice claim that arose from treatment for a different condition two years later; it contained the mandatory language in Code Civ. Proc., § 1295, and broader provisions were permissible.
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