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State Courts -
California - March 9 - March 10, 2006
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Evans v. City of Berkeley, S112621,
SUPREME COURT OF CALIFORNIA, March 9, 2006, Filed
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Overview: Where a city discontinued a group's berth subsidy in the city's marina because the group was unable, consistent with the enforced policies of its national organization, to provide adequate assurances of future nondiscrimination, there was no infringement of the group's associational, speech, or equal protection rights under the First Amendment.
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Hecht, Solberg, Robinson, Goldberg & Bagley LLP v. Superior Court, D047185,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 9, 2006, Filed
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Overview: Pursuant to Code Civ. Proc., ? 2017.210, in a legal malpractice action alleging that attorneys had obtained too small a settlement in the underlying case, the liability insurance policies of the defendant in the underlying case were discoverable because they were relevant to the issue of whether a larger sum would have been collectible.
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In re M.A., C049810,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 9, 2006, Filed
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Overview: Juvenile court was required to transfer a juvenile dependency case to tribal court pursuant to 25 U.S.C. ? 1911(b) and Cal. Rules of Court, rule 1439(c)(2), where tribal court did not decline jurisdiction, tribe petitioned for transfer, neither parent objected to the transfer, and no statutory good cause to reject the transfer was shown.
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In re Sylvester C., B179713,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 9, 2006, Filed
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Overview: Although evidence was insufficient to prove a minor guilty of making criminal threats because one of victims was absent from hearing and, thus, there was no evidence that she was actually in sustained fear, it was sufficient to prove him guilty of attempted criminal threat because all other elements of the crime of criminal threat were established.
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North American Building Maintenance, Inc. v. Fireman's Fund Ins. Co., F047029,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 9, 2006, Filed
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Overview: Under a commercial general liability policy, an insurer had a duty to defend its insured, a janitorial services contractor, against a claim that it falsely imprisoned a subcontractor's employees. Exclusion for liability arising from employment-related practices, interpreted under Civ. Code, ?? 1636, 1638, did not apply to subcontractor's employees.
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People v. Alford, A109478,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, March 9, 2006, Filed
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Overview: Imposition of $ 20 court security fee upon defendant under Pen. Code, ? 1465.8, did not violate ex post facto laws because although defendant's offense was committed before the law was enacted, the proceedings for which the fee was collected took place almost exclusively after effective date of the law, and fee was imposed for nonpunitive purpose.
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Blumenthal v. Superior Court, G036590,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 10, 2006, Filed
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Overview: Trial judge abused her discretion in declaring a mistrial merely because parties did not complete the long-cause trial of a dissolution prior to an arbitrary deadline set by trial judge. Since trial was already in progress, it was possible under Fam. Code, ? 2330.3, for trial judge to take the case with her to her new courtroom assignment.
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