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| Kim v. Euromotors West/The Auto Gallery, B189277,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 2, 2007, Filed
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Overview: Trial court erred in failing to exercise its discretion to determine whether a consumer who settled a Consumer Legal Remedies Act action involving a leased vehicle was a prevailing plaintiff; because the consumer's right to attorney fees arose not from contract, but under Civ. Code, § 1780, subd. (d), the settlement did not preclude a fee award.
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| Munoz v. City of Union City, A110121,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, April 2, 2007, Filed
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| People v. Albarran, B185547,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 2, 2007, Filed
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Overview: Admission of certain gang evidence - facts about a threat to police and references to Mexican Mafia - violated federal due process because evidence had no legitimate purpose and was extraordinarily prejudicial. Thus, defendant was entitled to new trial for attempted murder, shooting at an inhabited dwelling, and attempted kidnapping for carjacking.
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| People v. Anderson, C047502, C048283,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 2, 2007, Filed
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Overview: Where the prosecution charged defendant under Pen. Code, § 667.61, subd. (d)(2), the jury found the charge to be true, and defendant did not challenge the factual underpinnings of that finding, the jury's true finding on a charge made pursuant to § 667.61, subd. (e)(1), could not stand.
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| TSI Seismic Tenant Space, Inc. v. Superior Court, D049448, D049460,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 2, 2007, Filed
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Overview: Trial court erred in finding settlement between developer and geotechnical engineering company was made in good faith pursuant to Code Civ. Proc., § 877.6, based solely upon a limitation of liability clause, without considering company's proportionate share of liability to the other defendants on their claims for implied indemnity or contribution.
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