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State Courts -
California - June 18, 2009
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In re M.B., F055289,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 18, 2009, Filed
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Overview: Ward was properly committed to the Division of Juvenile Facilities (DJF) for violation of probation pursuant to Welf. & Inst. Code, ? 777, subd. (a)(2), where offense for which he received probation was a DJF-eligible offense under Welf. & Inst. Code, ? 733, and no petition alleging a more recent non-DJF-eligible offense had been sustained.
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Loeffler v. Medina, D053096,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 18, 2009, Filed
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Overview: Denial of an application to terminate a permanent domestic violence restraining order issued under Fam. Code, ? 6345, subd. (a), was proper, based on the standard set forth in Code Civ. Proc., ? 533; the applicant's relocation and marriage were not material changes, and he did not establish that the ends of justice required terminating the order.
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People v. Shetty, B205061,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 18, 2009, Filed
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Overview: Where defendant pled no contest to home equity sales fraud under Civ. Code, ? 1695.8, applicable statute of limitations was that for a felony violation, and four-year Pen. Code, ? 801.5, statute of limitations controlled; preliminary hearing transcript indicated complainant was defrauded into signing documents that resulted in his home being sold.
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San Leandro Teachers Assn. v. Governing Bd. of the San Leandro Unified School Dist., S156961,
SUPREME COURT OF CALIFORNIA, June 18, 2009, Filed
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Overview: A school district's regulation prohibiting candidate endorsement literature in school mailboxes was a reasonable regulation within the meaning of Gov. Code, ? 3543.1, subd. (b), because it enforced Ed. Code, ? 7054. The regulation did not violate the free speech clause of Cal. Const., art. I, ? 2, subd. (a).
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United Rentals Northwest, Inc. v. Snider Lumber Products, Inc., F055855,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 18, 2009, Filed
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Overview: A trial court erred in removing a Civ. Code, ? 3110, mechanic's lien on land where the removal of landowner's kilns was a removal of buildings, which was included in the definition of a work of improvement in Civ. Code, ? 3106, and landowner's agent had rented the lienholder's equipment and used it to help remove buildings from the owner's land.
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