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State Courts -
California - April 24, 2008
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City of Hope National Medical Center v. Genentech, Inc., S129463,
SUPREME COURT OF CALIFORNIA, April 24, 2008, Filed
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Overview: No fiduciary relationship arose when a city, in return for royalties, entrusted a secret scientific discovery to a biotechnology company to develop, to patent, and to commercially exploit. Because no fiduciary relationship arose from the contract between the company and the city, a jury's award of punitive damages to the city had to be set aside.
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Loeb v. Record, F052173,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 24, 2008, Filed
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Overview: Client who objected to an arbitration award in an attorney fee dispute by filing a motion in the underlying personal injury suit about four months after judgment did not prevent the award from becoming binding under Bus. & Prof. Code, § 6203, subd. (b); that suit was not, under Bus. & Prof. Code, § 6204, subds. (b), (c), an action pending.
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People v. Keshishian, B194821,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 24, 2008, Filed
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Overview: In a prosecution of defendant for murder, vehicular manslaughter, and leaving the scene of an accident, defendant's request to discharge retained counsel was properly denied, where the request was made on the day set for trial after the case had been pending for two and a half years, and an indefinite continuance would have been necessary.
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Rodriguez v. Bank of the West, B198533,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 24, 2008, Filed
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Overview: Banks did not owe a duty to a lawyer, whose officer manager opened accounts in his name after forging his signature, because lawyer had no contractual relationship with the banks under Cal. U. Com. Code, § 4104, subd. (a)(5); thus, no cause of action was alleged by the lawyer, and the banks' demurrers were properly sustained without leave to amend.
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