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| Mintz v. Blue Cross of California, B207405,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 16, 2009, Filed
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Overview: Health plan's third party administrator did not interfere with a member's contract rights by deeming a treatment investigational and failing to notify him of the right to independent review under the plan and Health & Saf. Code, § 1370.4, because the administrator was not a stranger to the contract. The member did state a claim for negligence.
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| People v. Felix, B204858,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 16, 2009, Filed
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Overview: Evidence supported jury's finding that defendant had the necessary mental state for attempted premeditated murder where, after twice threatening to kill victim within a period of about an hour, defendant fired two gunshots into victim's bedroom window, knowing that victim was at home, and, after fleeing, he called and asked if he had harmed anyone.
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| People v. Samaniego, B205512,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 16, 2009, Filed
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| Watkins v. Wachovia Corp., B199982,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 16, 2009, Filed
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Overview: An employee's appeal following a trial court's denial of her motion for class certification was dismissed where she had voluntarily released her wage claim against her former employer in exchange for a $ 51,000 payment; the settlement of the employee's claims deprived her of standing to represent the class pursuant to Code Civ. Proc., § 382.
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| World Financial Group, Inc. v. HBW Ins. & Financial Services, Inc., No. B210884,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 16, 2009, Filed
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Overview: An action against a business competitor was not subject to an anti-SLAPP motion to strike because the alleged misappropriation of trade secrets and use of confidential information for solicitation of plaintiff's customers and associates did not arise from "protected activity," within the meaning of Code Civ. Proc., § 425.16, subd. (e)(4).
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