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State Courts -
California - March 17, 2009
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American Civil Rights Foundation v. Berkeley Unified School Dist., A121137,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 17, 2009, Filed
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Overview: School district's use of neighborhood demographic data to promote diversity in assigning students to schools and academic programs did not violate Cal. Const., art. 1, ? 31, because no partiality, prejudice, or preference was shown to any student on the basis of his or her race; considering racial characteristics of neighborhoods was permissible.
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Brescia v. Angelin, B204003,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 17, 2009, Filed
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Overview: A claimant's trade secret designation was sufficiently particular to meet the reasonable particularity standard of Code Civ. Proc., ? 2019.210, where the claimant named two alleged trade secrets: his formula for a high protein, low carbohydrate pudding and his manufacturing process.
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Franke v. BAM Building Co., No. B204830,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 17, 2009, Filed
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Overview: Trial court properly found that secured party was entitled under Code Civ. Proc., ? 720.260, to recover losses incurred as a result of creditor's enforcement actions because Code Civ. Proc., ? 996.430, subd. (a), permitted him to bring civil action for liability on undertaking, and evidence supported determination as to each item of resulting loss.
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In re B.S., E045748,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 17, 2009, Filed
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Overview: There was sufficient evidence for the juvenile court to issue, pursuant to Welf. & Inst. Code, ? 213.5, a restraining order with respect to a father's child. In one incident, the father grabbed the child's mother and threw her down on top of the child. This demonstrated, at a minimum, willful disregard for the child's safety.
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Marriage of Dellaria and Blickman, A122162,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 17, 2009, Filed
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Overview: In a marital dissolution action, a post-separation oral agreement was void and unenforceable because the couple did not meet the requirements of Fam. Code, ? 2550, by agreeing either in writing or in open court. Therefore, the trial court's unequal distribution of community property, based on the agreement, was reversed.
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Sanchez v. Western Pizza Enterprises, Inc., B203961,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 17, 2009, Filed
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Overview: Denial of an employer's motion to compel arbitration was proper because arbitration agreement's class arbitration waiver was contrary to public policy and unenforceable, in that it impermissibly interfered with employees' ability to vindicate unwaivable rights under Lab. Code, ?? 1194 and 2802. An arbitrator selection provision was unconscionable.
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