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| Abouab v. City and County of San Francisco, A110940,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 20, 2006, Filed
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Overview: Order denying taxpayers' motion for attorney fees, which was made in connection with a reassessment of their property, was proper because taxpayers' admitted noncompliance with a pre-filing requirement by itself defeated their claimed entitlement to attorney fees, and because taxpayers were not successful as required by Code Civ. Proc., § 1021.5.
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| Dunbar v. Albertson's, Inc., A111153,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, July 20, 2006, Filed
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Overview: In a grocery manager's action for overtime compensation, class certification was properly denied under Code Civ. Proc., § 382, because the trial court believed that very particularized individual liability determinations would be necessary, given the significant variation, week to week and store to store, in the work of the employer's 900 managers.
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| In re Arcenio V., B186990,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 20, 2006, Filed
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Overview: Minor's conviction for possession of live ammunition was error because there was no substantial evidence to support element that the ammunition be live; there was no direct or opinion testimony that the rounds were live, and there was insufficient circumstantial evidence that the rounds were live within meaning of Pen. Code, § 12101, subd. (b)(1).
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| In re Marriage of Fellows, S127874,
SUPREME COURT OF CALIFORNIA, July 20, 2006, Filed
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Overview: Although a father's failure to make child support payments occurred before the enactment of Fam. Code, § 4502, subd. (c), which disallowed the laches defense in child support enforcement cases, the statute applied to bar the father's laches defense because the legislature intended to give it retroactive effect.
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| Kibler v. Northern Inyo County Local Hospital Dist., S131641,
SUPREME COURT OF CALIFORNIA, July 20, 2006, Filed
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Overview: In a lawsuit brought by a hospital staff physician against a hospital that arose out of a disciplinary recommendation by the hospital's peer review committee, the hospital was entitled under Code Civ. Proc., § 425.16, subd. (e)(2), to file a special motion to strike the physician's complaint as a strategic lawsuit against public participation.
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| People v. Chance, C048825,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 20, 2006, Filed
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Overview: Substantial evidence supported defendant's conviction for attempted murder, where the jury could conclude that defendant was poised to kill a peace officer with a loaded firearm and was prevented from doing so only because the officer came up behind him by surprise. This was a direct but ineffectual act sufficient for attempted murder.
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| Turtle Ridge Media Group, Inc. v. Pacific Bell Directory, B180324,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, July 20, 2006, Filed
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