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| Circle Star Center Associates, L.P. v. Liberate Technologies, A113024,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 22, 2007, Filed
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Overview: Federal law did not preclude a landlord's claim for contractual attorney fees incurred in obtaining dismissal of a tenant's bad faith bankruptcy case; the dismissal restored the parties to their previous status, and because a contractual fee award was not a penalty under Civ. Code, § 1717, such awards would not discourage bankruptcy filings.
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| Hall v. County of Los Angeles, B186224,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 22, 2007, Filed
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Overview: In a class action brought under the California and federal Equal Pay Acts, where the undisputed evidence established that county counsel and a legal services company both employed a substantial number of women and that, within the company, women were paid the same as men, there was no basis to use a male county counsel lawyer as a comparator.
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| Mt. San Jacinto Community College Dist. v. Superior Court, S132251,
SUPREME COURT OF CALIFORNIA, February 22, 2007, Filed
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Overview: In a quick-take eminent domain action, owner's property was to be valued as of the date condemner deposited probable compensation in court pursuant to Code Civ. Proc., § 1263.110 et seq. No credible reason existed to invalidate the statutory date of valuation when the deposit was made before trial and owner had access to money at that time.
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| People v. Brown, A111490,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 22, 2007, Filed
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Overview: Substantial award of victim restitution was a violation of a plea bargain that limited restitution to the assault victim's out-of-pocket costs; thus, defendant could elect under Pen. Code, § 1192.5, to withdraw the plea, but specific performance was not available because victim restitution was not a proper subject for plea bargaining.
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| People v. Lexington National Ins. Co., B186945,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 22, 2007, Filed
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Overview: Even though a criminal defendant disobeyed a court order when he fled the courtroom, the defendant was not "in custody" for purposes of exonerating his bail, where there was no express statement by the trial court that the defendant was being taken into custody. Thus, the trial court properly ordered the defendant's bail forfeited.
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| People v. Zapisek, A113074,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, February 22, 2007, Filed
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Overview: Trial court did not err in extending commitment of defendant suffering from delusions for two more years under Pen. Code, § 1026.5, subd. (b), because there was substantial evidence that he had more than serious difficulty controlling his potentially dangerous behavior and that he otherwise represented substantial danger of physical harm to others.
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| Stardust Mobile Estates, LLC v. City of San Buenaventura, B186454,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 22, 2007, Filed
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Overview: Rent board's use of a maintenance net operating income formula with a partial inflation index to determine the allowable discretionary rental increase for a mobile home park, which was the preferred method under City of San Buenaventura Ord. No. 81-39, § 6.600.080, subd. (C), and the ordinance's accompanying guidelines, was proper.
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