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| Balboa Island Village Inn, Inc. v. Lemen, S127904,
SUPREME COURT OF CALIFORNIA, April 26, 2007, Filed
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Overview: Although an injunction prohibiting a vocal critic of a restaurant from repeating certain defamatory statements about the restaurant was overbroad, a properly limited injunction prohibiting the critic from repeating statements about the restaurant that were determined at trial to be defamatory would not violate the critic's right to free speech.
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| People v. Carlin, H028513,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 26, 2007, Filed
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Overview: Defendant's commitment under the SVPA, Welf. & Inst. Code, § 6600 et seq., was error because there was a violation of due process arising from People's reliance on hearsay statements in investigator's reports to prove predicate sexually violent offenses; People failed to call victim to the stand or even to introduce his prior trial testimony.
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| Troppman v. Valverde, S132496,
SUPREME COURT OF CALIFORNIA, April 26, 2007, Filed
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Overview: Revocation or suspension of a motorist's driver's license under Veh. Code, § 13353, for refusal to submit to chemical sobriety testing as requested by a law enforcement officer under the implied consent law, Veh. Code, § 23612, subd. (a)(1), did not require proof that the motorist actually was driving immediately prior to her arrest.
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| Hayden v. Robertson Stephens, Inc., A113878; A114188,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 27, 2007, Filed
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Overview: Arbitrator was not disqualified by a failure to disclose that he provided dispute resolution services to a bank whose corporate parent acquired a party before the arbitration award was final; the bank was not a party to the proceeding under Code Civ. Proc., § 170.1, subd. (a)(8)(B)(ii), because it was not involved in the underlying transaction.
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| In re Marriage of Tavares, G036122,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 27, 2007, Filed
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Overview: Although father argued that the trial court should have modified his arrears to account for periods mother allegedly concealed the parties' child and or incurred no childcare expenses, the alleged concealment, even if true, was not an obstacle to collection of arrears because the overdue payments would still benefit the child during his minority.
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