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| People v. Knoller, S134543,
SUPREME COURT OF CALIFORNIA, May 31, 2007, Filed
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Overview: Trial court abused its discretion in ordering a new trial, where it erroneously concluded that defendant could not be guilty of second degree murder, based on a theory of implied malice, unless she appreciated that her conduct created a high probability of death, and that a new trial was justified because her husband was not charged with murder.
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| People v. Mendez, A114166,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 31, 2007, Filed
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Overview: Because defendant would have been confined to state hospital as a result of a civil insanity commitment on unrelated charges, defendant's presentence confinement on felony assault charges was not the sole reason for his loss of liberty during presentence period. Therefore, Pen. Code, § 2900.5, did not authorize an award of credits for that period.
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| Quartz of Southern California, Inc. v. Mullen Bros., Inc., G036228, G036343,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 31, 2007, Filed
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Overview: In purchasing conditional sale contracts for vehicles from a dealer, a finance company acquired no security interests because the dealer did not perfect them under Veh. Code, § 6300; thus, when the dealer went out of business, an auction company that had sold the vehicles to the dealer without first receiving payment held title to the vehicles.
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| Sarabi v. Workers' Comp. Appeals Bd., A115635,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 31, 2007, Filed
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Overview: California Workers' Compensation Appeals Board had jurisdiction to award additional temporary total disability benefits after the five-year period of Lab. Code, § 5410 because the disability worsened and further medical treatment in the form of surgery became necessary within the five years; thus, the worker suffered new and further disability .
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| Tyrone W. v. Superior Court, D049824,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 31, 2007, Filed
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Overview: Bypassing reunification services for a father and child under Welf. & Inst. Code, § 361.5, subd. (b)(6), was supported by sufficient findings because juvenile court explicitly referred to its dispositional findings which identified the parents as the persons responsible for deliberate acts that caused a deceased sibling's 11 rib fractures.
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