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| Alford v. County of San Diego, D048758,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 23, 2007, Filed
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Overview: A county's eligibility standard for last resort medical services was void under Welf. & Inst. Code, § 17000, because it was based on an inflexible income cap that denied any care to indigent residents whose monthly salary exceeded that cap by even $1, without consideration of their ability to pay for some or all of their medical care.
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| Conroy v. Regents of University of California, G035537,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 23, 2007, Filed
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Overview: The trial court properly granted summary judgment on a widow's claim a university negligently mishandled her husband's remains, where the widow presented no evidence the university mistreated the remains. The university's failure to keep track of the husband's remains did not constitute mishandling.
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| Costco Wholesale Corp. v. Workers' Comp. Appeals Bd., A116145,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 23, 2007, Filed
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Overview: Use of the pre-2005 rating schedule for a workers' compensation award was erroneous under Lab. Code, § 4660, subd. (d), because a comprehensive medical-legal report issued in 2004 did not state whether any of the claimant's conditions would result in permanent disability and there was no qualifying pre-2005 report indicating permanent disability.
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| In re Paul W. , H029866,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 23, 2007, Filed
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Overview: Mother forfeited claim that she was entitled to participate as party in habeas proceeding involving father's ineffective assistance of counsel claim, and even assuming she had not forfeited her claim, she could not satisfy principal criterion for appellate standing under Welf. & Inst. Code, § 395; she was not legally aggrieved by habeas ruling.
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| King v. United Parcel Service, Inc., C051657,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 23, 2007, Filed
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Overview: Employer was entitled to summary judgment in a disability discrimination case under the California Fair Employment and Housing Act, Gov. Code, § 12900 et seq., because the employee failed to submit substantial evidence of pretext; his termination occurred after an investigation indicated that he had encouraged a subordinate to falsify a timecard.
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| Melican v. Regents of University of California, G036583,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 23, 2007, Filed
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Overview: In a case involving the alleged mishandling of a decedent's remains by a university's willed body program, the university did not owe a contractual or legal duty to ensure that the decedent's cremains were not commingled with other cremains before returning them to the decedent's family.
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| People v. International Fidelity Ins. Co., B191115,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 23, 2007, Filed
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Overview: Because a summary judgment entered against a surety's bail bond was entered in accordance with the consent given by surety in its bond, the judgment was not appealable, and the surety's appeal of the trial court's order denying the surety's motion to vacate the summary judgment was dismissed.
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| People v. Oropeza, D047879,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 23, 2007, Filed
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Overview: In a murder trial arising from a road rage incident, defendant was not entitled to a voluntary manslaughter instruction based on sudden quarrel or heat of passion under Pen. Code, § 192, because being cut off by another vehicle was not sufficient provocation to arouse an ordinarily reasonable person to follow and then shoot at another vehicle.
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| People v. Superior Court (Nasmeh), H029987,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 23, 2007, Filed
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Overview: Defendant was not entitled under the Fourth Amendment to suppression of forensic evidence obtained from his vehicle in a murder case; the warrant adequately described the items sought, and although the warrant did not specify that defendant's vehicle could be seized and examined by the crime laboratory, such an examination was permissible.
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