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State Courts -
California - June 16, 2009
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Palacio Del Mar Homeowners Assn., Inc. v. McMahon, G040349, G040412,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 16, 2009, Filed
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Overview: A postjudgment order directing a judgment debtor to turn over a domain name to a judgment creditor to aid the execution of its money judgment against the judgment debtor was subject to reversal because Code Civ. Proc., ? 708.205, did not allow a turnover of intangible property directly to the judgment creditor.
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Paterson v. City of Los Angeles, B208682,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 16, 2009, Filed
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Overview: A city's investigation of suspected sick leave abuse led to punitive action against two police officers within the meaning of Gov. Code, ? 3303, where the investigation resulted in the officers' temporary suspensions, and there was no merit to the city's assertion that any punitive action had been nullified by the officers' subsequent exoneration.
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People v. Cortes, B206770,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 16, 2009, Filed
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Overview: Evidence including a detective's testimony that rival gang members shot each other on sight and that defendant's gang was involved in criminal street activity ranging from vandalism to narcotics sales, robberies, murders, attempted murders, and rapes was sufficient to prove that acts in Pen. Code, ? 186.22, subd. (e), were primary gang activities.
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People v. Dillon, A117853A119292,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, June 16, 2009, Filed
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Overview: Taken together, CALCRIM Nos. 890, 1045, adequately instructed that a Pen. Code, ? 220, conviction for the lesser included offense of assault with intent to commit forcible sexual penetration required a finding of lack of consent. Absent evidence of equivocal conduct, the prosecution did not have the burden to disprove reasonable belief in consent.
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