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State Courts -
California - March 3 - March 4, 2010
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City of Laguna Beach v. California Ins. Guarantee Assn., B214027,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 3, 2010, Filed
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Overview: California Insurance Guarantee Association was not liable under Ins. Code, ? 1063.1, subd. (c)(13), for a workers' compensation award exceeding a city's self-insured retention. The city had no excess insurance for part of the cumulative injury period; thus, the claim was not covered under Ins. Code, ?? 1063.1, subds. (b), (c)(9), 1063.2, subd. (a).
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In re Mille, B217102,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 3, 2010, Filed
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Overview: Fact a county jail administered antipsychotic medication to petitioner, pursuant to Pen. Code, ? 1369.1, was not a substitute for a timely transfer to state hospital for evaluation and treatment to restore his competence to stand trial. Limited treatment rendered in jail could not be equated with broad spectrum of care afforded at state hospital.
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Mendoza v. Ramos, B211969,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 3, 2010, Filed
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Overview: A trial court's refusal to attribute income under Fam. Code, ? 4058, subd. (b), to a mother receiving CalWORKs assistance was proper because the children's father had not demonstrated the mother had the ability to earn the income he sought to impute, and because imputation of income to a parent on CalWORKs would be contrary to public policy.
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Oasis West Realty, LLC v. Goldman, B217141,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 3, 2010, Filed
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Overview: A developer did not show a probability of prevailing under Code Civ. Proc., ? 425.16, subd. (b)(1), in a suit alleging breach of fiduciary duty and other claims arising from political activity by the developer's former attorney in opposition to the developer's project; it was protected activity under ? 425.16, subd. (e), and not a breach of duty.
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People v. Warwick, G041970,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 4, 2010, Filed
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Overview: Because defendant's failure to wrap her baby in a blanket or to get help after she had given birth at home directly caused the baby to become seriously ill from hypothermia and lack of oxygen, defendant personally inflicted great bodily injury on her child within the meaning of a Pen. Code, ? 12022.7, subd. (d), enhancement.
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Smith v. Adventist Health System/West, F055923,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 4, 2010, Filed
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Overview: Substantial evidence supported an implied finding, in granting a preliminary injunction that restored a doctor's hospital privileges without requiring an injunction bond, that the hospitals and their staff associations had waived the bond requirement of Code Civ. Proc., ? 529, by failing to oppose the doctor's argument that no bond was needed.
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