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State Courts -
California - August 13 - August 14, 2009
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Achene v. Pierce Joint Unified School Dist., C057888,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 13, 2009, Filed
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Overview: Substantial evidence supported the trial court's finding that a school district failed to notify a probationary teacher pursuant to Educ. Code, ?? 44948.3, 44938, that her performance was unsatisfactory or to work with her for a reasonable time under Educ. Code, ? 44664, to improve it; thus, an order dismissing her during the school year was void.
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Mueller v. County of L.A., B201171,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 13, 2009, Filed
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Overview: County employee's claims for negligent investigation and violations of L.A. County Code, ? 5.02.060, which arose from the county's failure to investigate his grievances alleging retaliation by supervisors, did not come within the scope of Gov. Code, ? 815.6, because the investigation he sought was a discretionary function and not a mandatory duty.
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People v. Neely, No. B204851,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 13, 2009, Filed
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Overview: The trial court erred when it failed to sentence defendant for crimes punishable by imposition of determinate terms separately from the crimes punishable by imposition of an indeterminate term. Specifically, the trial court erroneously applied the principal term/subordinate term methodology set forth in Pen. Code, ? 1170.1, to all of the offenses.
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Wood v. Santa Monica Escrow Co., No. B205939,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 13, 2009, Filed
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Overview: Although plaintiff prevailed on defendant's appeal of the denial of its motion for attorney fees, plaintiff was not entitled to fees pursuant to Civ. Code, ? 1717, where defendant was the prevailing party in the lawsuit considered as a whole.
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Standard Pacific Corp. v. Superior Court, E046844,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, August 14, 2009, Filed
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Overview: Homeowners who opposed a builder's Civ. Code, ? 930, subd. (b), motion to stay proceedings in a construction defect action until the homeowners followed the prelitigation procedures of Civ. Code, ? 910 et seq., had the burden of proving that they did not have to follow those procedures because of the builder's noncompliance with Civ. Code, ? 912.
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