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State Courts -
California - February 15, 2008
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Animal Legal Defense Fund v. Mendes, F052009,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 15, 2008, Filed
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Overview: Trial court properly sustained ranchers' demurrer to complaint of nonprofit corporation and consumers for violation of Pen. Code, ? 597t, and Bus. & Prof. Code, ? 17200 et seq., because there was no private cause of action pursuant to ? 597t, under the circumstances, and none of plaintiffs showed ability to allege any facts of economic injury.
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California Public Employees' Retirement System v. Superior Court, C054168,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 15, 2008, Filed
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Overview: Because a state employee was provided the opportunity to submit evidence, name witnesses, and argue his whistleblower claim, the employee was provided with the type of quasi-judicial hearing sufficient to satisfy Code Civ. Proc., ? 1094.5, even though the State Personnel Board was not required to provide an evidentiary hearing.
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Estate of Young, D048937,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 15, 2008, Filed
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Overview: On petition to establish estate's ownership of real property, further proceedings should have been allowed as to damages because Prob. Code, ? 859, supported position that it was appropriate to prove liability before providing underlying evidence of double damages in form of valuations; estate impliedly sought bifurcation of liability and damages.
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People v. Garcia, F052116,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 15, 2008, Filed
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Overview: In a trial for possessing a sharp instrument in prison, removal orders should have been issued for defendant's incarcerated witnesses because service of a subpoena under Pen. Code, ? 1328, was not required before a court could issue a removal order under Pen. Code, ?? 2621, 1567. However, the error in refusing to issue removal orders was harmless.
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People v. Mayberry, C053116,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 15, 2008, Filed
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Overview: Defendant who battered a victim with a standard weighted workout glove containing sand in the palm area should not have been convicted for possession of a dangerous weapon because a standard workout glove containing a small amount of sand, even when used as a weapon, was not a sandbag, as listed in Pen. Code, ? 12020, subd. (a)(1).
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People v. McQueen, A114767,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 15, 2008, Filed
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Overview: In sentencing defendant for multiple sexual offenses against two minors, the trial court was correct to stay, rather than dismiss, a sentence under the habitual sexual offender law, as a fallback to an imposed sentence under the one strike law, because Cal. Rules of Court, rule 4.447 authorized the stay.
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People v. Veale, E042561,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 15, 2008, Filed
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Overview: In a trial for committing a lewd act upon a child under Pen. Code, ? 288, subd. (b), there was sufficient evidence that defendant used force, fear, or duress in molesting his 7-year-old stepchild, even though the child testified that defendant did not use threats or physical force, because a reasonable inference could be made of an implied threat.
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