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| Binns v. Westminster Memorial Park, G038365,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Cemetery's interment of plaintiff's mother in plot adjacent to space intended for plaintiff created special relationship giving rise to duty to avoid mistakenly interring stranger in his plot. Substantial evidence supported finding plaintiff suffered serious emotional distress and that his reaction was not so abnormal as to preclude recovery.
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| Chindarah v. Pick Up Stix, Inc., G037190,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Although the right to receive overtime pay under Lab. Code, § 1194, was unwaivable, releases that settled a bona fide dispute regarding previously earned overtime did not contravene § 1194 and were not barred by Lab. Code, § 206.5; the releases did not address future violations or condition the payment of wages concededly due on their executions.
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| In re Marriage of Alter, H032390,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 26, 2009, Filed
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Overview: In a dispute over child support, monthly cash payments that a former husband got from his mother were properly considered as "income," under Fam. Code, § 4058, because he got regular cash payments from his mother for over a decade. The periodic and regular nature of the payments meant that the money was available for the support of his children.
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| In re Rico, B207448,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Denial of parole under Pen. Code, § 3041, subd. (b), was not supported by "some evidence" that inmate's release would pose an unreasonable threat to public safety where he had, inter alia, renounced his gang affiliation, changed attitude, expressed genuine remorse, furthered his education and vocational skills, and developed realistic parole plans.
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| Nazari v. Ayrapetyan, B198778,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Although a translator who was present during medical examinations of a personal injury claimant was not a certified interpreter, Evid. Code, § 755.5, did not bar the doctors' testimony regarding their observations, review of the medical records, and other evidence derived from tests or examinations that required no communication with the claimant.
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| Nguyen-Lam v. Cao, G039206,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Former appointee as school superintendent was properly allowed to amend a slander claim under Civ. Code, § 46, based on accusation of communism because facts probative of actual malice emerged at anti-SLAPP hearing. Although accuser had held himself out as having inside knowledge, he admitted that he knew about plaintiff only through media reports.
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| People v. Ramirez, S156775,
SUPREME COURT OF CALIFORNIA, February 26, 2009, Filed
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Overview: Because Pen. Code, § 246.3, subd. (a), is a necessarily included lesser offense of Pen. Code, § 246, three of defendant's convictions for grossly negligent shooting were subject to reversal; the three counts of grossly negligent shooting and three counts of shooting at an inhabited dwelling were based on the same acts.
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| Rental Housing Assn. of Northern Alameda County v. City of Oakland, A114855, A114919,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 26, 2009, Filed
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Overview: Provision of Oakland California's Just Cause for Eviction ordinance was preempted because it conflicted with burden of proof requirements in Evid. Code, § 500, by creating a presumption of a violation, for a tenant's action for damages, if a landlord recovered possession of a unit in order to move in, but was in possession for less than 36 months.
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| State Bd. of Chiropractic Examiners v. Superior Court, S151705,
SUPREME COURT OF CALIFORNIA, February 26, 2009, Filed
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Overview: Appellate court erred in finding that employee alleging whistleblower retaliation under Gov. Code, § 8547.8, had to succeed in having California Personnel Board's adverse findings set aside before she could proceed with her court action for damages under § 8547.8, subd. (c), where she had filed a complaint with Board and Board had issued findings.
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