California, May, 2009, State Case law

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State Courts - California - May 18 - May 19, 2009

In re Tobacco II Cases, S147345, SUPREME COURT OF CALIFORNIA, May 18, 2009, Filed
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Overview: In a class action against tobacco companies under California's unfair competition law, Bus. & Prof. Code, ? 17200 et seq., in accordance with Bus. & Prof. Code, ? 17203, and Code Civ. Proc., ? 382, the standing requirements of Bus. & Prof. Code, ? 17204, were applicable only to the class representatives and not all absent class members.

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Manhattan Loft, LLC v. Mercury Liquors, Inc., B211070, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 18, 2009, Filed
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People v. Castellanos, B210705, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 18, 2009, Filed
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Overview: In setting the amount of the crime prevention programs fine imposed pursuant to Pen. Code, ? 1202.5, subd. (a), the trial court had to take into account defendant's ability to pay, the amount of any other fine imposed on defendant, and the amount of any restitution ordered paid to defendant's victims.

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People v. Curl, S034072, SUPREME COURT OF CALIFORNIA, May 18, 2009, Filed
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Overview: In a capital murder case, the record did not support defendant's claim that an inmate who testified that defendant told him he committed a murder perjured himself when he testified that he had not received any benefits in exchange for his testimony, much less that the prosecutor suborned perjury.

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Riverside Sheriffs' Assn. v. County of Riverside, E045792, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 18, 2009, Filed
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Overview: The trial court erred in denying a terminated county employee's cause of action seeking relief under the California Public Safety Officers Procedural Bill of Rights Act based on the finding that the employee's dismissal from her position as a peace officer was not punitive. The employee's termination was per se punitive.

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In re G.W., F056246, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 19, 2009, Filed
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Overview: Juvenile court erred in ignoring the requirements of Welf. & Inst. Code, ? 361.4, when it appointed a stepgrandmother the legal guardian of five of her six grandchildren. The stepgrandmother had a criminal record, and her request for an exemption had been denied.

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People v. Mena, D052091, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 19, 2009, Filed
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Overview: Even assuming that a trial court erred by denying defendant's motion for a pretrial lineup, defendant was not entitled to reversal of his conviction because requirement of timely pursuit of a lineup included timely review of an adverse ruling by writ proceedings, and failure to pursue writ relief waived the claim of error.

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V. C. v. Superior Court, C059050, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 19, 2009, Filed
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Overview: Juvenile court abused its discretion in dismissing pursuant to Welf. & Inst. Code, ? 782, minor's most recently sustained petition in order to make him eligible for a Department of Corrections juvenile facilities commitment pursuant to Welf. & Inst. Code, ? 733, subd. (c). Minor had a due process right to the benefit of his plea bargain.

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