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| Bonander v. Town of Tiburon, S151370,
SUPREME COURT OF CALIFORNIA, June 8, 2009, Filed
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Overview: Property owners contesting individual assessments made by a town under the Municipal Improvement Act of 1913, Sts. & Hy. Code, § 10000 et seq., did not have to comply with the newspaper publication requirement of Code Civ. Proc., § 863, because the action was governed solely by Sts. & Hy. Code, § 10400, and not Sts. & Hy. Code, § 10601.
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| Cory v. Toscano, F055231,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 8, 2009, Filed
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Overview: A trust beneficiary's proposed petition was not a contest under Prob. Code, § 21305, subd. (a)(3), where it alleged that handwritten notations on the trust instrument, which were made after the trust was executed, were an attempt to amend the trust and were invalid because the "amendment" was not part of the original trust agreement.
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| Doppes v. Bentley Motors, Inc., G039922,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2009, Filed
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Overview: In a case in which a car buyer alleged that an automobile manufacturer violated California's Song-Beverly Consumer Warranty Act, and the buyer prevailed at trial, the trial court had jurisdiction to award prejudgment interest to the buyer pursuant to Civ. Code, § 3287.
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| Doppes v. Bentley Motors, Inc., G038734 (Consol. with G039274 & G039624),
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2009, Filed
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Overview: Trial court abused its discretion by not imposing a terminating sanction pursuant to Code Civ. Proc., §§ 2025.450, subd. (d), 2023.030, for a manufacturer's persistent and flagrant discovery misconduct under Code Civ. Proc., § 2023.010, subds. (d)-(g), when more discovery abuses came to light during the trial of a consumer warranty and fraud case.
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| People v. Aldana, G040320,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2009, Filed
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Overview: Evidence was insufficient to convict a county hospital administrator under Pen. Code, § 424, subd. (a)(3), for keeping false accounts, even though she prepared inaccurate timesheets for an employee, because the employee worked many more hours for county than were listed. Thus, the evidence was insufficient as to administrator's guilty knowledge.
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| Zaragoza v. Ibarra, G040242,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2009, Filed
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Overview: In a case in which plaintiff, a worker hired by unlicensed contractor on a home remodeling project, was injured while working on the job, plaintiff could bring a claim against homeowner in simple negligence, if there was any. However, plaintiff's injury was entirely his fault. Hence, summary judgment was properly granted in favor of homeowner.
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