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| Berglund v. Arthroscopic & Laser Surgery Center of San Diego, LP, D045218,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 22, 2006, Filed
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Overview: In a case in which plaintiff, in an arbitral forum, subpoenaed certain documents from a surgery center, the limited review provisions of Code Civ. Proc., § 1283.05, subd. (c), did not bind the center, which was not a party to the arbitration agreement. The trial court had jurisdiction to hear the center's motion for a protective order.
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| Century Surety Co. v. Polisso, C045334,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 22, 2006, Filed
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Overview: A punitive damage award of $ 2,015,000 for insureds was not excessive because the insurer's conduct, including stalling and engaging in scare tactics, was moderately high on the reprehensibility scale; the punitive/compensatory ratio of 3.2-to-1 was well within the constitutional limit; and a smaller award would have been a slap on the wrist.
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| People v. Johnson, S119230,
SUPREME COURT OF CALIFORNIA, May 22, 2006, Filed
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Overview: At a hearing on motion to suppress evidence under Pen. Code, § 1538.5, the prosecution could not present its case through the affidavit of the police officer who conducted a challenged warrantless search. Section 1538.5 contemplated testimony through live witnesses, and Code Civ. Proc., § 2009, did not apply to a hearing under Pen. Code, § 1538.5.
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| People v. McGee, S123474,
SUPREME COURT OF CALIFORNIA, May 22, 2006, Filed
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Overview: In an assault and robbery case, defendant was not entitled to have the jury determine whether prior convictions in Nevada were serious felony convictions under California law; the recidivism exception to the Apprendi rule was not limited to the bare fact of a prior conviction and permitted the trial court to determine the nature of the convictions.
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| Ross v. Figueroa, B182738,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 22, 2006, Filed
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