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| California Correctional Peace Officers Assn. v. Schwarzenegger, C055327,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 4, 2008, Filed
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Overview: California's Governor did not exceed his powers under the Emergency Services Act in declaring a state of emergency based on prison overcrowding. Contracts made with out-of-state private prisons to house some of California's inmates entered pursuant to the Governor's emergency proclamation did not violate article VII of California's Constitution.
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| California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., No. B199404,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 4, 2008, Filed
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Overview: Workers' compensation claim filed more than one year after the injury was timely because Lab. Code, § 5405, subd. (a), was tolled by reason of the worker's presumed ignorance of his rights arising from the employer's failure to provide notice under Lab. Code, § 5401, subd. (a), although the worker had counsel in another workers' compensation case.
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| Coronado v. Cobblestone Village Community Rentals, F053239,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 4, 2008, Filed
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Overview: Under the Unruh Civil Rights Act and Disabled Persons Act, a disabled residential tenant did not present a structural barrier action as to absence of a wheelchairs access ramp on a walkway leading from the tenant's apartment to a parking area because the walkway was not a "public facility," in that it was not used or intended to be used by public.
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| People v. Laborde, B199726,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, June 4, 2008, Filed
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Overview: The Fourth Amendment was not violated by a search of a cruise passenger's stateroom just after the ship docked on its return from a cruise to Mexico because the search was a routine border search, requiring no suspicion of criminal activity. The search was not rendered nonroutine by an early morning procedure that defendant found embarrassing.
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| Pueblo Radiology Medical Group, Inc. v. Gerlach, No. B194106,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 4, 2008, Filed
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Overview: In a breach of contract action brought by a medical group against a corporation and its officers, trial court's award of attorney fees to the officers pursuant to Civ. Code, § 1717, was not premature. Trial court's finding that the officers were not personally liable was a favorable termination of the case as to each of them as individuals.
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