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| Blackmore v. Powell, B185326,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 22, 2007, Filed
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Overview: By its express terms, a grant deed that conveyed an easement for parking and garage purposes authorized the easement holder to build a garage on the easement, not merely to park vehicles on it; moreover, the easement holder was entitled to exclusive use of the garage as a necessary incident of the easement.
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| Canova v. Trustees of Imperial Irrigation District Employee Pension Plan, D048156,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 22, 2007, Filed
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Overview: Mandamus may have been appropriate to attempt to invalidate termination of employees' defined benefit plan, as employees' claim did not seek money or damages and did not require filing of a government claim. Accordingly, summary judgment of entire action based on employees' failure to comply with California Government Claims Act was improper.
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| In re Lawrence, B190874,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 22, 2007, Filed
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Overview: Governor's reversal of a recommendation in favor of parole was not supported by some evidence, under either the California or federal due process standard, because any predictive value of the murder for present risk to public safety under Pen. Code, § 3041, dissipated 34 years after crime and 22 years into incarceration, given exemplary record.
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| In re Marriage of Ettefagh, A109531,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, May 22, 2007, Filed
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Overview: Trial court correctly applied the preponderance of the evidence standard set forth in Evid. Code, § 115, in determining that certain parcels of real estate acquired by a husband during the marriage were the husband's separate property, based on the husband's evidence that his father provided the funds to purchase the properties.
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| McNairy v. C.K. Realty, B178918,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 22, 2007, Filed
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Overview: Tenants who presented evidence of dirty water and an infestation of cockroaches, testifying that they were worried, concerned, frustrated, and upset about their housing conditions, could receive damages for emotional distress because the plain language actual damages in Civ. Code, § 1942.4, subd. (a), included damages for emotional distress.
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| People v. Johnson, H028782,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 22, 2007, Filed
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Overview: Evidence supported defendant's three convictions under Pen. Code, § 273.5, as jury could have concluded that he completed one violation of § 273.5 when he beat victim about the head and face, another when he held her by the throat and continued to strike her such that she suffered bruises on back and neck, and another when he injured her upper arm.
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| Steven M. Garber & Associates v. Eskandarian, B183966,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 22, 2007, Filed
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