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State Courts -
California - February 15, 2008
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Valley Advocates v. City of Fresno, F050952,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 15, 2008, Filed
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Overview: Because a city council was misinformed about its discretion whether to list two apartment buildings in the local register of historic resources for purposes of CEQA, it followed that the city council did not, in fact, exercise its discretion and make such an election. In not exercising its discretion, the city council abused its discretion.
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Whitlock v. Foster Wheeler, LLC, A117221,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 15, 2008, Filed
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Overview: Trial court did not abuse its discretion by finding misconduct due to a juror's comments and that comments caused prejudice requiring new trial under Code Civ. Proc., ? 657, because juror interjected matters outside the scope of the trial and his misconduct related directly to whether a manufacturer was at fault in causing a sailor's mesothelioma.
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