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State Courts -
California - March 19 - March 21, 2008
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Brodke v. Alphatec Spine Inc., G038591,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 20, 2008, Filed
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Overview: In a case in which plaintiffs sued defendants for breach of contract, because defendants did not allege the existence of a written agreement containing an arbitration clause, defendants did not meet their pleading burden under Code Civ. Proc., ? 1281.2, and the trial court properly denied their petition to compel arbitration.
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Doe v. United Airlines, Inc., B192865,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 20, 2008, Filed
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Overview: In a case in which a minor asserted claims against an airline arising out of a sexual assault, the trial court, which had granted the airline's motion for summary judgment, erred in ordering a new trial on the basis of newly discovered evidence, where the evidence was neither newly discovered nor produced with reasonable diligence.
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Hammond v. County of L.A., B189262,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 20, 2008, Filed
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Overview: Although an allegedly discriminatory reduction in a county employee's teaching assignments occurred before the limitations period of Gov. Code, ? 12960, subd. (d), the county was not entitled to summary judgment because there was evidence that a supervisor made discrete decisions about teaching assignments within the limitations period.
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Pacific Hills Homeowners Assn. v. Prun, G038244,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 20, 2008, Filed
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Overview: Suit brought by a homeowners' association to enforce an unrecorded restriction, which was filed more than four years but less than five years after a nonconforming gate was erected, was timely filed because the five-year statute of limitations in Code Civ. Proc., ? 336, subd. (b), applied.
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People v. Gay, S093765,
SUPREME COURT OF CALIFORNIA, March 20, 2008, Filed
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Overview: Defendant's proffered mitigating evidence of possible innocence, which included evidence that another person admitted to shooting the victim, was related to the circumstances of the crime for which the death penalty was sought; thus, it was admissible at a penalty retrial under Pen. Code, ? 190.3, to create a lingering doubt as to guilt.
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People v. McKee, D050554,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 20, 2008, Filed
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Overview: Where a jury's finding that a sex offender had a diagnosed mental disorder (i.e., was mentally ill) was made by proof beyond a reasonable doubt, his initial civil commitment as a sexually violent predator within the meaning of the SVPA, Welf. & Inst. Code, ? 6600 et seq., for an indefinite term satisfied general due process requirements.
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In re R.K., C056541,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 21, 2008, Filed
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Overview: Insufficient evidence supported a juvenile court's true finding against a minor for disorderly conduct in violation of Pen. Code, ? 647, subd. (f), because a woodshed located 10 to 15 feet from the side of a house, in which a sheriff's deputy found the intoxicated minor, was not a "public place" within the meaning of ? 647, subd. (f).
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