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| Flippin v. Los Angeles City Bd. of Civil Service Commissioners, B187388,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 1, 2007, Filed
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Overview: Former city employee waived his right to a Skelly hearing because he was accorded his due process right to confront charges against him and to present mitigating information in his favor at a Skelly hearing, but chose not to exercise that right; he also failed to raise a timely objection to hearing officer's impartiality at time of Skelly hearing.
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| Hogan v. Country Villa Health Services, G036406,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 1, 2007, Filed
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Overview: Denial of nursing home's motion to compel arbitration of elder abuse claim, Welf. & Inst. Code, § 15600 et seq., was error; deceased resident's Prob. Code, §4701, power of attorney authorized her daughter to make health care decisions for her, and daughter had signed arbitration agreement for decedent as part of package of admissions documents.
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| Moran v. Murtaugh Miller Meyer & Nelson, LLP, S132191,
SUPREME COURT OF CALIFORNIA, March 1, 2007, Filed
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Overview: The trial court, in determining whether plaintiff, who conceded he was a vexatious litigant, had a reasonable probability of success on his claim against defendants, was permitted to weigh the evidence presented on defendants' motion that plaintiff be required to post security pursuant to Code Civ. Proc., § 391.1.
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| People v. Davenport, B194281,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 1, 2007, Filed
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Overview: Upon revocation of probation in a drug case, defendant was entitled under Pen. Code, § 2900.5, to credits for custodial time in a residential treatment facility; the language of § 2900.5, subd. (f), did not preclude custody credits for time spent in a residential rehabilitation program as a condition of probation.
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| Sterling v. Taylor, S121676,
SUPREME COURT OF CALIFORNIA, March 1, 2007, Filed
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Overview: Where extrinsic evidence offered by buyers was at odds with memorandum that stated a specific price, evidence was insufficient to show with reasonable certainty that parties agreed to price sought by buyers. Price term stated in memorandum, considered together with extrinsic evidence, left a degree of doubt that statute of frauds did not tolerate.
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| Walsh v. IKON Office Solutions, Inc., A113172,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, March 1, 2007, Filed
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Overview: Substantial evidence supported the trial court's decision to decertify an account manager subclass in a wage and hour action because common issues of law and fact did not predominate for purposes of Code Civ. Proc., § 382, as to the determination of whether the employer misclassified the account managers as exempt employees.
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| Zuehlsdorf v. Simi Valley Unified School Dist., No. B188203,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 1, 2007, Filed
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Overview: In a case in which father's daughter had been prevented from participating in high school athletics, father was entitled to attorney fees pursuant to Gov. Code, § 800, where defendants acted arbitrarily and capriciously in preventing his daughter from participating in athletics, and father was successful in having daughter reinstated in program.
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| County of Kern v. Sparks, F050440,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 2, 2007, Filed
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Overview: A sheriff's payroll requests, specifically that premium pay be disbursed when it was not authorized, qualified as potential false claims under Gov. Code, § 12651, subd. (a)(1), because the sheriff's knowledge could be inferred from the fact that he twice received advice from county counsel as to the impropriety of premium pay for commanders.
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| In re Walker, B190637,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 2, 2007, Filed
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