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| Bassett v. Lakeside Inn, Inc., C050514,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 21, 2006, Filed
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Overview: Trial court did not err in sustaining a school district's demurrer to a wrongful death claim brought by the parents of a student who was killed by a drunk driver while crossing the street on her way to school; the district had immunity under Ed. Code, § 44808, because the accident occurred off campus and outside the supervision of the district.
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| CTC Real Estate Services v. Lepe, B185320,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 21, 2006, Filed
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Overview: Where claimant, a victim of identity theft, established that she had an interest in undistributed surplus funds that remained after a trustee sale of certain real property, and claimant was the only claimant to the surplus funds, she was entitled to have the surplus funds distributed to her pursuant to Civ. Code, § 2924j.
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| People v. Misa, D046582,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 21, 2006, Filed
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Overview: Sufficient circumstantial evidence of intent supported a conviction for torture in violation of Pen. Code, § 206, because defendant continued to taunt and threaten the victim for an additional 30 minutes after defendant struck the victim's head with a golf driver, cracking the victim's skull and causing substantial and visible injuries.
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| People v. Ramirez, B182791,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 21, 2006, Filed
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Overview: Officer's observation of defendant crossing diagonally at an intersection did not justify a stop under the Fourth Amendment because observation did not give rise to reasonable suspicion that defendant violated Veh. Code, § 21954, subd. (a). Defendant did not fail to yield because the only car, the officer's, was approaching a stop sign.
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| Turtle Ridge Media Group, Inc. v. Pacific Bell Directory, B180324,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, June 21, 2006, Filed
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Overview: Where a contract between phone book company and winning bidder on a contract contained an arbitration provision, and this agreement was incorporated by reference in a subcontract between winning bidder and subcontractor, under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., subcontractor was bound by the terms of the arbitration provision.
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