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| California State Automobile Assn. Inter-Ins. Bureau v. Workers' Comp. Appeals Bd., A111888,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 22, 2006, Filed
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Overview: House painter who suffered injury on his first day after being hired by homeowners was excluded from workers' compensation coverage under Lab. Code, § 3352, subd. (h), because he was not homeowners' employee for workers' compensation purposes; he had not worked at least 52 hours and earned at least $ 100 during the 90 days preceding date of injury.
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| Kody P. v. Superior Court, C050918,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 22, 2006, Filed
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Overview: Where a county probation department considered a minor suitable to participate in a program of informal supervision under Welf. § Inst. Code, § 654, it was improper to deny the minor the opportunity to participate in the program based solely on the department's policy of not allowing informal supervision if a minor refused to admit an offense.
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| Jenkins v. County of Riverside, E037030,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 23, 2006, Filed
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Overview: In a disability discrimination lawsuit brought under the Fair Employment and Housing Act, Gov. Code, § 12900 et seq., a county had a legitimate, nondiscriminatory reason for discharging a disabled employee who was classified as a temporary employee and who had exceeded the number of hours specified by ordinance for temporary employees.
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| Michael v. Denbeste Transportation, Inc., B173832,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 23, 2006, Filed
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Overview: General contractor and hazardous waste handler had no liability for injuries sustained by a truck driver on a construction site; the Privette doctrine was applicable, although the truck driver was not an employee of the hazardous waste hauler subcontractor but was an independent contractor working for that subcontractor.
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| Newmyer v. Parklands Ranch, LLC, B180461, B184674,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 23, 2006, Filed
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Overview: Where plaintiff requested the full amount of litigation expenses he had incurred in an action to quiet title in an abandoned easement, the award under Civ. Code, § 887.070, was limited to expenses incurred only in connection with the statutory abandonment theory, and not fees incurred otherwise in the proceeding to contest the easement's validity.
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| People v. Carrasco, No. B178115,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 23, 2006, Filed
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Overview: Even though defendant did not point a gun when he got money from a robbery victim, the evidence was sufficient to find that he personally used a firearm in the robbery under Pen. Code, § 12022.53, because in the hours before receiving the money, he had displayed a gun in a menacing manner and threatened to shoot the victim in order to coerce him.
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| People v. Lopez, E037066,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 23, 2006, Filed
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Overview: Although defendant, who was found to be a mentally disordered offender (MDO) under Pen. Code, § 2970, argued that trial court violated his right of equal protection by admitting his testimony from a prior recommitment proceeding, there was no disparate treatment in not affording the privilege against self-incrimination to him as an MDO committee.
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| Peoples v. San Diego Unified School Dist., D046848,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 23, 2006, Filed
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Overview: Under Ed. Code, § 44466, a teacher's final year of employment under a university internship credential counted for one year towards tenure for purposes of applying the termination notice requirement of Ed. Code, § 44929.21, subd. (b), where the teacher was employed during the next consecutive year under a clear credential.
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