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State Courts -
California - June 14 - June 15, 2006
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Integrated Healthcare Holdings, Inc. v. Fitzgibbons, G036080,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 14, 2006, Filed
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Overview: E-mail message sent by a member of a hospital's executive committee questioning a company's financial condition concerned an issue of public interest under Code Civ. Proc., ? 425.16, subd. (e)(4). Thus, an order denying the member's special motion to strike the company's complaint against him was reversed.
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O'Toole v. Superior Court, D047158, D047230,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 14, 2006, Filed
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Overview: Where the evidence established that campus police officers acted in good faith and without malice in enforcing a community college district's permit requirement before plaintiffs could speak and distribute literature regarding their opposition to abortion, the officers were immune from liability under Gov. Code, ? 820.6.
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Pasadena Metro Blue Line Construction Authority v. Pacific Bell Telephone Co., B181175,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, June 15, 2006, Filed
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Overview: A construction authority was required to pay utility companies for the cost of relocating their utility lines pursuant to Pub. Util. Code, ? 30631, subd. (b), where the construction authority, which had completed a project to build a light rail public transit line, was acting on behalf of a metropolitan transportation authority.
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People v. Emery, C050534,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 15, 2006, Filed
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Overview: Because defendant's request for a continuance to file a motion to withdraw his no contest plea and admissions constituted, in substance, a challenge to their validity, his appeal was barred by his failure to obtain a certificate of probable cause pursuant to Pen. Code, ? 1237.5.
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Stark v. Superior Court, C051073, C051074, C051075,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 15, 2006, Filed
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Overview: No reasonable or probable cause existed to suspect that a county auditor made a false entry within the meaning of Pen. Code, ? 424, subd. (a)(3), when he made seven unauthorized transfers from the county's general reserve because the accounting entries accurately reflected the results of the unauthorized transactions and therefore were true.
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