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| Gdowski v. Gdowski, G040975,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 23, 2009, Filed
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Overview: Court erred by issuing protective order under California's Elder Abuse and Dependent Adult Civil Protection Act based on aggressive and confrontational cross-examination of a father by his daughter's counsel; counsel's tone of voice or style of examination was not evidence and could not be the basis for issuance of a protective order under the Act.
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| In re Y.G., B210847,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 23, 2009, Filed
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Overview: In a case in which a juvenile court adjudged a mother's child a dependent child as described in Welf. & Inst. Code, ¿ 300, subd. (b), the juvenile court could consider the mother's misconduct with an unrelated child in determining the ¿ 300, subd. (b), allegation.
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| Los Angeles Unified School Dist. v. Pulgarin, B206892,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 23, 2009, Filed
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Overview: Trial court erred in dismissing business owners' claim for loss of goodwill allegedly caused by acquisition by eminent domain of the real property upon which their business was conducted because Code Civ. Proc., ¿ 1263.510, did not require that a business owner's entitlement to goodwill had to be based on a written lease on property that was taken.
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| Robbins v. Davi, B199013,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, June 23, 2009, Filed
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Overview: Revocation of a real estate license based on convictions for building code violations was proper under Bus. & Prof. Code, ¿ 490, and Cal. Code Regs, tit. 10, ¿ 2910, subd. (a)(8), because repeated failures to comply with apartment health and safety requirements, from which the licensee profited, were substantially related to his qualifications.
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| Crawford v. City of Los Angeles, B210821,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 24, 2009, Filed
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Overview: Because of tolling under Gov. Code, ¿ 3304, subd. (d)(1), the statute of limitations as to a charge that a police detective had improperly engaged in outside employment had not expired when he made false statements during the investigation; thus, the false statement charge was not used to revive a time-barred charge and was properly brought.
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| Linthicum v. Butterfield, No. B199645,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 24, 2009, Filed
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Overview: Trial court acted within its discretion in quieting title to an equitable easement in a roadway that provided the only access to several properties and denying an injunction against its use; although the users had mistakenly assumed they had an easement, the road did not substantially interfere with the owners' right to use and develop their land.
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| Onebeacon America Ins. Co. v. Fireman's Fund Ins. Co., B209526,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 24, 2009, Filed
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Overview: Insurer's right of equitable contribution for defense costs in an environmental contamination lawsuit arose on the dates when, after notice of litigation, a diligent inquiry by each of two coinsurers would have revealed their potential exposure to a claim for equitable contribution, notwithstanding defects as to notice and tender.
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| People v. Sweeney, E043410,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 24, 2009, Filed
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Overview: In committing defendant to a state hospital pursuant to Welf. & Inst. Code, ¿ 6500, trial court erred when it decided that two of felony charges pending against defendant involved death, great bodily injury, or an act that posed serious threat of bodily harm to another person because that was a determination that should have been made by jury.
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| Ruiz v. Podolsky, G040843,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 24, 2009, Filed
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Overview: Heirs could not be compelled to arbitrate wrongful death claims because their decedent could not bind them to his arbitration agreement with a doctor; however, because decedent's wife conceded she was bound, Code Civ. Proc., ¿ 1281.2, subd. (c), required her to arbitrate, although Code Civ. Proc., ¿¿ 377.60-377.62, ordinarily required one action.
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