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| Bosetti v. United States Life Ins. Co. in the City of New York, B206896 c/w B208835,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 17, 2009, Filed
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Overview: On a claim for disability benefits by employee with depression, summary judgment should not have been granted under insurance policy's mental disorder exclusion, as there was a triable issue as to whether physical problems, including fibromyalgia, contributed to the disability or were a cause or symptom, in which case the limitation did not apply.
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| In re T.M., C059898,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 17, 2009, Filed
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Overview: Termination of mother's parental rights was error where court did not limit scope of Welf. & Inst. Code, § 366.26, hearing to consideration of only guardianship or long-term foster care; it neither terminated services nor denied them pursuant to a subdivision of Welf. & Inst. Code, § 361.5, that would permit termination of parental rights.
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| Diaz v. Los Angeles County Metropolitan Transportation Authority, B206259,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 20, 2009, Filed
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Overview: Because a county transportation agency was a common carrier and substantial evidence supported the conclusion a bus passenger's injury was the result of the agency's operation of the bus, a res ipsa loquitur instruction should have been given. The failure to give a res ipsa loquitur instruction was not harmless.
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| Laabs v. Southern California Edison Co., E044917,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 20, 2009, Filed
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Overview: Triable issues as to the foreseeability of a vehicle involved in an intersection collision striking a fixed concrete light pole near the curb precluded summary judgment for the utility company in a personal injury action alleging negligence in placing the light pole. The company's evidence did not prove that the city made all placement decisions.
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| People v. Friend, S027264,
SUPREME COURT OF CALIFORNIA, July 20, 2009, Filed
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Overview: Reversal of defendant's first-degree murder and robbery convictions was not required where asserted instances of prosecutorial misconduct either were not misconduct or could not have contributed to the verdict, and were therefore harmless in light of the evidence of defendant's guilt.
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