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| Air China Limited v. San Mateo County, A120971,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 20, 2009, Filed
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Overview: County's imposition of taxes on Chinese airline's leasehold possessory interests and landing rights at California airport pursuant to Rev. & Tax. Code, ¿¿ 107, 107.9, was proper; nothing in language of tax treaty between U.S. and China applied to taxation of possessory interests or exempted air transportation enterprises from property taxation.
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| California-Nevada Annual Conference etc. v. City and County of San Francisco, A122578,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 20, 2009, Filed
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Overview: Although a city's board of supervisors adopted a resolution initiating the process of designating a church building as a landmark pursuant to the city's planning code, Gov. Code, ¿¿ 25373, subd. (d), & 37361, subd. (c), removed from the city the authorization to apply the landmark ordinance to the church property.
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| Center for Self-Improvement & Community Development v. Lennar Corp., A121982,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 20, 2009, Filed
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Overview: Suspended corporation's prefiling notice under Health & Saf. Code, ¿ 25249.7, was not statutorily defective because of the Rev. & Tax. Code, ¿ 23301, suspension; the disability could be cured by revivor pursuant to Rev. & Tax. Code, ¿ 23305, because it did not impact standing or substantive rights under Rev. & Tax. Code, ¿ 23305a.
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| Eric M. v. Cajon Valley Union School Dist., D053534,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 20, 2009, Filed
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Overview: School district had a duty to a six-year-old child who was hit by a car after he left a school bus, telling the driver he saw his father's car, and summary judgment was precluded because there were triable issues as to the manner of performance of that duty. It could have been found foreseeable that a child might make a bad decision to leave a bus.
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| Estate of Beckel, F055384,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 20, 2009, Filed
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Overview: Distribution of an intestate decedent's estate could not be limited to surviving first cousins and the children of predeceased first cousins because the governing statutes, Prob. Code, ¿¿ 50, 240, 6402, subd. (d), did not limit the surviving issue of a predeceased heir entitled to inherit to the first generation; all lineal descendants were issue.
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| People v. Cadogan, G040200,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 20, 2009, Filed
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Overview: Admission of evidence obtained at conditional examination of defendant's late wife was proper even though he argued his competency was in question at that time; trial courts had discretion to allow conditional examinations of dying witnesses to go forward, notwithstanding suspension of criminal proceedings mandated by Pen. Code, ¿ 1368, subd. (c).
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| People v. Ward, B212432,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 20, 2009, Filed
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Overview: Imposition of sanctions on a public defender pursuant to Code Civ. Proc., ¿ 177.5, was proper because he violated a lawful court order when he continued to suggest in the presence of the jury that prosecutorial misconduct had occurred after being admonished not to do so; this was not advocacy, as the matter already had been preserved for appeal.
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| Silver Creek, LLC v. BlackRock Realty Advisors, Inc., D052587,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 20, 2009, Filed
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Overview: Trial court abused its discretion by denying attorney fees to real estate sellers after ruling that they had properly terminated agreements based on the buyer's inability to perform; although the buyer prevailed on its claim for the return of its deposit, the sellers obtained the greater relief within the meaning of Civ. Code, ¿ 1717, subd. (b)(1).
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