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| Metcalf v. County of San Joaquin, C047734,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 23, 2006, Filed
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Overview: To establish liability under Gov. Code § 835, subd. (a), for injury caused by a dangerous condition at an intersection, an injured driver had to prove that county that controlled the intersection acted negligently or wrongfully. Testimony that stop sign at issue was in the best place provided substantial evidence that the county was not negligent.
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| People ex rel. Dept. of Motor Vehicles v. Cars 4 Causes, No. B178000,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 23, 2006, Filed
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Overview: In a case in which the State sued a nonprofit corporation, a decision to grant the corporation's motion for judgment pursuant to Code Civ. Proc., § 631.8, was reversed, where the undisputed evidence established that the corporation sold and delivered cars to the general public in violation of California Vehicle Code smog certification requirements.
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| People ex rel. Strumpfer v. Westoaks Investment #27, B178628,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 23, 2006, Filed
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Overview: Trial court erred when, at the request of a receiver, it cancelled tax delinquency charges against limited partnerships pursuant to Rev. & Tax. Code, § 4985.2, subd. (c), without making factual findings under § 4985.2, subds. (a), (b); the trial court did not have independent authority under § 4985.2, subd. (c), to cancel the charges.
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| People v. R.T.P., E036355,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 23, 2006, Filed
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Overview: Defendant's Sixth Amendment right to counsel was violated when he was called as a witness at the preliminary hearing in an unrelated homicide case without the presence of his counsel, despite the near certainty that defendant would be cross-examined about his current drug charges; dismissal was not required, however.
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| Silveira v. County of Alameda, A108702,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 23, 2006, Filed
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Overview: Although a tenant argued that, as a month-to-month tenant, he had no taxable right to continued possession of city-owned property beyond one month as required by Rev. & Tax. Code, § 107, he had the same right to continued possession as any tenant whose interest is subject to termination or renewal.
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| People v. Baylis, A106217,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, May 24, 2006, Filed
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Overview: Trial court properly denied defendant's motion to substitute retained counsel for his appointed counsel because of a conflict of interest. Under Rules Prof. Conduct, rule 3-310(C), defendant's brother was required to give informed consent in order for retained counsel to represent defendant, but brother's waiver did not adequately waive conflict.
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| R. (Fernando), In re, S142296,
SUPREME COURT OF CALIFORNIA, May 24, 2006, Filed
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