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| Henry v. Superior Court, B200690,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 25, 2008, Filed
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Overview: Trial court erred in ruling that homeowners, sued by contractor for injuries suffered as a result of a fall on their property, could not introduce evidence that medical malpractice by hospital emergency room doctors, who were not parties to action, aggravated contractor's injuries because liability could be apportioned under Civ. Code, § 1431.2.3.
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| In re Carl N., D050037,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 25, 2008, Filed
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Overview: Judgment committing defendant to California Youth Authority was upheld, where there was substantial evidence to show it was probable such commitment would benefit him, and a less restrictive alternative would be ineffective and inappropriate and would not adequately promote public safety or serve societal interest in punishment and rehabilitation.
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| People v. Paredes, D050150,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 26, 2008, Filed
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Overview: Trial court committed reversible error in granting defendant's motion to vacate his voluntary manslaughter conviction, or in the alternative, to enforce a plea agreement defendant made with the People on the ground that such action was necessary to fulfill the plea bargain's promise of no deportation. There was no breach of the plea agreement.
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| Quihuis v. City of Los Angeles, B196367,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 26, 2008, Filed
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| Real Estate Analytics, LLC v. Vallas, D049161; D049890,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 26, 2008, Filed
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Overview: In an action for breach of a contract to sell a large parcel of commercial coastal property, refusing to grant specific performance was error under Civ. Code, § 3387, because the presumption that monetary damages were inadequate was not rebutted merely by the fact that the buyer's primary motivation was to quickly turn the property for a profit.
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| Searles Valley Minerals Operations, Inc. v. State Bd. of Equalization, D049905,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 26, 2008, Filed
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Overview: Utility companies' purchases of coal were not exempt from the use tax under Rev. & Tax. Code, §§ 6007, 6008, as property purchased for resale in the regular course of business because the coal was not incorporated into a final product within the meaning of Cal. Code Regs., tit. 18, § 1525, but functioned as a catalyst in producing electricity.
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| Taheri Law Group v. Evans, B192828,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 26, 2008, Filed
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Overview: Lawyer's claim against second lawyer for soliciting a client arose from protected activity within meaning of the anti-SLAPP statute because the action arose directly from communications about pending lawsuits and thus were communications in connection with an issue being reviewed by a judicial body under Code Civ. Proc., § 425.16, subd. (e)(2).
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