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| Conservatorship of Edde, F055054,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 1, 2009, Filed
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Overview: Trial court erred in rejecting state agency's claim against a conservatee's estate because Welf. & Inst. Code, ¿ 7275, did not violate equal protection when applied to allow the State to seek reimbursement from the conservator of Alzheimer's dementia patient committed to a state hospital, as a pretrial detainee, charged with murder of his wife.
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| In re S.R., C060404,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 1, 2009, Filed
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Overview: A juvenile court erred in terminating the parental rights of a mother and father and granting social services agency's petition to modify or vacate an order for a bonding study because although the task might have appeared difficult to complete, that perception and the scant effort given the task provided no basis to modify the original order.
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| Garcia v. Roberts, F054234,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 4, 2009, Filed
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Overview: In action for breach of real estate contract, it was an abuse of discretion under Code Civ. Proc., ¿ 469, to allow the addition at trial of a claim for breach of written contract, where the original claim was breach of oral contract. Defendants were unfairly prejudiced because plaintiff testified at deposition that there was only an oral agreement.
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| In re Bolden, S099231,
SUPREME COURT OF CALIFORNIA, May 4, 2009, Filed
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Overview: In a death penalty case, petitioner failed to prove that he was denied effective assistance of counsel by his attorney's failure to ask prospective jurors about their prior acquaintance with the victim or that a particular juror was biased against him or committed misconduct by failing to disclose a prior relationship with victim.
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| Ramon v. County of Santa Clara, H032542,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 4, 2009, Filed
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Overview: Attorney fees could be awarded under Code Civ. Proc., ¿ 1021.5, to a class action representative for opposing an amicus curiae brief in a related lawsuit that resolved the issue in the present case; the amicus curiae participated out of its own interest, rather than advocacy to benefit the public interest, and the proceedings were directly related.
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| Sentry Select Ins. Co. v. Fidelity & Guaranty Ins. Co., S145087,
SUPREME COURT OF CALIFORNIA, May 4, 2009, Filed
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Overview: Because a trucking company earned substantial income from leasing trailers to independent contractors, the conclusive presumption in former Ins. Code, ¿ 11580.9, subd. (b), applied to render the trucking company's insurance policy excess to the policy of an independent trucker who was involved in a collision while pulling two leased trailers.
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