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State Courts -
California - March 21, 2007
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Carter v. Escondido Union High School Dist., D046833, D047649,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 21, 2007, Filed
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Overview: In a case in which teacher had informed athletic director that football coach had recommended nutritional supplement to student, Ed. Code, ? 49423, could not form basis for teacher's wrongful termination action; statute did establish fundamental and well-established public policy against teachers recommending weight-gaining substances to students.
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Diablo Valley College Faculty Senate v. Contra Costa Community College Dist., A108713,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 21, 2007, Filed
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Overview: The Chancellor of the California Community Colleges properly found that a community college district was not required to consult with community college's academic senate before implementing an administrative reorganization because Cal. Code Regs., tit. 5, ? 53200, subd. (c)(6), did not require collegial consultation for management reorganizations.
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Garlock Sealing Technologies, LLC v. NAK Sealing Technologies Corp., C050813,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 21, 2007, Filed
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Overview: Substantial evidence supported the trial court's conclusion that a seller of oil seals breached the implied warranty of merchantability under Cal. U. Com. Code, ? 2314, subd. (1), by providing seals that contained an abrasive material and caused damage to machines in which the buyer's customer installed them.
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Golden Eagle Ins. Corp. v. Cen-Fed, Ltd., B179851,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 21, 2007, Filed
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Overview: Commercial general liability insurer owed neither a defense nor an obligation to indemnify the insured for damages awarded against it in an underlying action for breach of a commercial lease because the underlying complaint asserted only economic loss, not property damage, and the personal injury coverage was limited to claims by natural persons.
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People v. Brown, D047721,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 21, 2007, Filed
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Overview: Because defendant's acts of attempted murder, attempted robbery, and assault with a deadly weapon did not arise from a single objective, the trial court did not violate the double-punishment prohibition contained in Pen. Code, ? 654, when it imposed sentences on the convictions arising from those acts.
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Van Horn v. Watson, B188076, B189254,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 21, 2007, Filed
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Overview: In a personal injury action arising from a single-car accident, the immunity provision of Health & Saf. Code, ? 1799.102, did not apply to a friend who pulled a passenger from the car, purportedly fearing that it would catch fire or blow up, because the risk was not medical; ? 1799.102 applied only to the rendition of emergency medical care.
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Zenith Ins. Co. v. O'Connor, B184684,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 21, 2007, Filed
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Overview: General circumstances of a reinsurance contract under Ins. Code, ? 620, did not create an attorney-client relationship between the ceding insurer's counsel and the reinsurer or a duty of care running to the reinsurer; hence, the trial court did not err in granting the law firm's demurrer in a professional negligence action brought by the reinsurer.
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