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| Amalgamated Bank v. Superior Court, C052156, C052395,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 16, 2007, Filed
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Overview: Trial court did not err in ordering expungement of a lis pendens filed by judgment creditors where there was no probable validity to creditors' claim; creditors had no standing under Code Civ. Proc., §§ 726, subd. (e), 729.010, subd. (b), 716.020, subd. (b), 701.680, to set aside a judicial foreclosure for irregularities in conduct of the sale.
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| Fireside Bank v. Superior Court, S139171,
SUPREME COURT OF CALIFORNIA, April 16, 2007, Filed
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Overview: In a bank's action for a deficiency judgment from a van purchaser, class members were impermissibly allowed one-way intervention because the trial court resolved the central issue in the class claims- -whether the bank's deficiency notices violated the Rees-Levering Motor Vehicle Sales and Finance Act- -concurrently with certifying the class.
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| In re Marriage of Michaely, B186705,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 16, 2007, Filed
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Overview: Imposition of sanctions against husband in dissolution proceeding based on his discovery conduct was proper, as referee's report was a long and illuminating document, and its extensive quotes from husband's deposition more than supported finding that he egregiously abused discovery process, in both his document production and answers to questions.
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| Irvine v. Regents of University of California, G036259,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 16, 2007, Filed
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Overview: Trial court erred in dismissing a medical malpractice action under Cal. Rules of Court, rule 3.1385, after the patient sought to vacate a settlement on the ground that it was unenforceable because of fraudulent withholding of evidence; a dispute over enforceability of the settlement provided good cause to restore the case to the civil active list.
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| Murphy v. Kenneth Cole Productions, Inc., S140308,
SUPREME COURT OF CALIFORNIA, April 16, 2007, Filed
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Overview: Because payments awarded to an employee under Lab. Code, § 226.7, for meal and rest period violations were wages and not penalties, the three-year statute of limitations in Code Civ. Proc., § 338, for actions on statutory liabilities was applicable, and the court of appeal erred in applying the one-year statute of limitations for penalties.
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| People v. Bejarano, B180922,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 16, 2007, Filed
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Overview: Trial court committed reversible error by instructing jury on second degree felony murder based on the predicate felony of discharging a firearm at an occupied car, where defendant, who shot and killed unintended victim, admitted he shot at, and intended to shoot, rival gang members. Defendant had no collateral and independent felonious purpose.
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