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State Courts -
California - June 8 - June 9, 2006
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Nabors v. Workers' Comp. Appeals Bd., A110792,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 8, 2006, Filed
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Overview: In accordance with Lab. Code, ? 4664, subd. (a), an employee who sustained multiple disabling injuries while working for the same employer was entitled, under Formula C, to compensation for that part of his overall disability that exceeded his prior disability level; because he was 80 percent permanently disabled, a life pension was required.
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Viacom Outdoor, Inc. v. City of Arcata, A110628,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 8, 2006, Filed
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Overview: California's Outdoor Advertising Act, Bus. & Prof. Code, ? 5200 et seq., did not preempt city's efforts to enforce permit requirements of its building and sign codes before billboard company could rebuild wind-destroyed billboards. Threatened enforcement of ordinances had not yet been shown to have caused actionable damages to company.
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Curl v. Superior Court, F047313,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 9, 2006, Filed
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Overview: In the context of an automatic appeal from a death sentence, petitioner's discovery request under Pen. Code, ? 1054.9, essentially duplicating his trial request, did not require a factual showing that counsel had lost some of the discovery materials or that the prosecution failed to turn over materials it was obligated to produce at trial.
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R & B Auto Center, Inc. v. Farmers Group, Inc., G032371,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 9, 2006, Filed
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Overview: Because fact that insurance contract limited lemon law coverage to new car sales hardly proved that insurer did not engage in unfair business practices under Bus. & Prof. Code, ? 17200, in the sale of its new car lemon law coverage to used car dealerships, a trial court erred in disposing of insured's unfair business practices cause of action.
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Rhaburn v. Superior Court, E038503, E038620,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 9, 2006, Filed
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Overview: Public defender whose office had previously represented prosecution witness was wrongly subjected to automatic disqualification for conflict of interest under Rules Prof. Conduct, rule 3-310(E), because counsel did not have direct and personal relationship with witness, and direct acquisition of confidential information did not need to be presumed.
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