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| People v. Leal, H031174,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 28, 2008, Filed
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Overview: Handgun that was found in defendant's home was not under defendant's immediate control because defendant was confined in a police car in handcuffs at some distance from the premises. Therefore, the search of defendant's home was not a valid search incident to arrest, and the handgun should have been suppressed under the Fourth Amendment.
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| Puentes v. Wells Fargo Home Mortgage, Inc., D049800,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 28, 2008, Filed
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Overview: Borrowers failed to show lender violated UCL, Bus. & Prof. Code, § 17200 et seq., in its calculation of interest where lender's practice was not likely to deceive members of public and did not threaten competition, and lender produced evidence that any injury to some consumers was offset by countervailing benefits to consumers and competition.
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| Russell v. Foglio, B190168,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 28, 2008, Filed
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Overview: Plaintiff failed to perfect his appeal from an anti-SLAPP order where there was absence of a notice of appeal from order granting special motion to strike under Code Civ. Proc., § 425.16, and notice of appeal was filed more than a year after motion was granted; notice of appeal, upon which appeal was based, addressed only judgment regarding costs.
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