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| Eternity Investments, Inc. v. Brown, B190711,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 30, 2007, Filed
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Overview: Trial court properly confirmed an arbitration award in accordance with Code Civ. Proc., § 1286, in favor of a construction company in a dispute concerning a home remodeling contract because the homeowners did not serve a petition or response to correct or vacate the award before the 100-day period specified in Code Civ. Proc., § 1288.2, expired.
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| Giovanni B. v. Superior Court, D049778,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 30, 2007, Filed
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Overview: In a juvenile proceeding, discovery under Evid. Code, § 1043, was properly denied without in camera hearing because juvenile's motion to suppress did not supply good cause for discovering records of officers' false statements. A detention was supported by underage appearance and curfew violation, even if other the other reasons for stop were false.
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| Hesperia Citizens for Responsible Development v. City of Hesperia, D049614,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 30, 2007, Filed
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Overview: Community redevelopment agency did not violate Health & Saf. Code, § 33426.5, when it became a party to a municipal services agreement that obligated the city to provide police, fire, water, and sewer services for a proposed casino in a redevelopment project area because the agency did not provide direct or indirect assistance to the casino.
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| Los Angeles Unified School Dist. v. Superior Court, B193566,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 30, 2007, Filed
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Overview: A school district was properly compelled to produce documents relating to a school construction project for a city and its attorney under the California Public Records Act (CPRA), Gov. Code, § 6250 et seq., because governmental entities had to have access to other agencies' public records to fulfill the openness and disclosure purposes of the CPRA.
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| Manco Contracting Co. (W.L.L.) v. Bezdikian, B182885,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 30, 2007, Filed
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Overview: In a case in which plaintiff sued defendant to domesticate a judgment it had obtained in Qatar, because plaintiff's expert's explanation of Qatari law demonstrated that the Qatari judgment was not conclusive, the expert's opinion was sufficient to raise triable issue of fact. Thus, defendant's summary judgment motion should have been denied.
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| McAdams v. Monier, Inc., C051841,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 30, 2007, Filed
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Overview: Causes of action under California's UCL and Consumers Legal Remedies Act were suitable for class treatment because manufacturer allegedly failed to disclose that color roof tiles would erode before the end of their represented life span. The material misrepresentation supported an inference of common reliance, despite different types of purchases.
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| Overstock.com, Inc. v. Gradient Analytics, Inc., A113397,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 30, 2007, Filed
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Overview: Corporate financial officer's declaration sufficed to establish a probability that the company would prevail in demonstrating the falsity of assertions that it engaged in accounting irregularities; thus, the trial court did not err in denying Code Civ. Proc., § 425.16, special motions to strike a complaint for libel and other causes of action.
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| People v. Arata, C050844,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 30, 2007, Filed
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Overview: Because defendant's guilty plea to a charge that he committed a lewd or lascivious act upon a child in violation of Pen. Code, § 288, rested in a significant degree on the promise of expungement relief under Pen. Code, § 1203.4, the promise of such relief had to be fulfilled.
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| People v. Kiney, C050727,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 30, 2007, Filed
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Overview: In a retrial for transporting methamphetamine, the trial judge did not err in admitting as evidence statements defendant made during closing argument in his first trial in which defendant represented himself. The statements qualified as an exception to the hearsay rule as a party admission under Evid. Code, § 1220.
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