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| In re Cole C., D053845,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 4, 2009, Filed
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Overview: Sufficient evidence supported a finding under Welf. & Inst. Code, ¿ 300, subd (j), of substantial risk of harm to a boy because his father used excessive discipline on two stepdaughters, including subjecting them to cold showers and ice packs, and stated an intention to implement harsher discipline techniques on his son because he was a boy.
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| Moore v. Superior Court of Los Angeles County, B198550,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 4, 2009, Filed
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Overview: Trial court wrongly denied defendant's motion to initiate a competency evaluation and to stay an SVPA proceeding against him until the issue of his mental competency could be determined because, as a matter of constitutional due process, a defendant could not be subjected to trial as an alleged sexually violent predator while mentally incompetent.
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| People v. Taylor, E044368,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 4, 2009, Filed
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Overview: In a case involving defendants who were previously found to be SVP's, trial court erred in retroactively converting prior completed two-year terms to indeterminate terms pursuant to amendments to the Sexually Violent Predator Act without holding trials on the current petitions.
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| Unlimited Adjusting Group, Inc. v. Wells Fargo Bank, N.A., B205314,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 4, 2009, Filed
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Overview: Although jury instructions failed to distinguish between a named payee under Cal. U. Com. Code, ¿ 3404, subd. (b)(i), and an intended payee under Cal. U. Com. Code, ¿ 3110, the error was harmless because the signer believed the named payee and the intended payee were the same entity, despite an omitted word; thus, ¿ 3404, subd. (d), did not apply.
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| Weston Reid, LLC v. American Ins. Group, Inc., E044892,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 4, 2009, Filed
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Overview: Because the Hospital Lien Act (HLA), Civ. Code, ¿¿ 3045.1-3054.6, was inapplicable to first party insurance claims, a hospital's assignee had no claim against a patient's first party insurer arising from the insurer's payment of $ 50,000 to the patient under the uninsured motorist coverage in her automobile insurance policy.
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| P.S. v. San Bernardino City Unified Sch. Dist., E045242,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 5, 2009, Filed
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Overview: Pursuant to California Child Abuse and Neglect Reporting Act, trial court properly sustained school district's demurrers where students were not students of the district at time their alleged molestations by substitute teacher took place, and, at time of incidents, district had not hired and was not supervising substitute teacher in that capacity.
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