Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Evidence, Sentencing, Sentencing
• People v. Sifuentes
Contracts, Corporation & Enterprise Law, Property Law & Real Estate
• Creature Ventures v. Jim Ward & Assoc.
Injury & Tort Law, Remedies
• Kimes v. Grosser
Administrative Law, Government Law, Civil Procedure, Civil Procedure, Transportation
• Spicer v. City of Camarillo
Civil Procedure, Commercial Law, Corp. Governance, Corporation & Enterprise Law, Contracts, Insurance Law
• Investors Equity Life Holding Company v. Schmidt
Criminal Law & Procedure, Sentencing, Education Law, Sentencing, Education Law, Evidence
• McGill v. Superior Court
Civil Procedure, Government Law
• Sierra Club v. Superior Court
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LATEST SUMMARIES California Appellate Districts Criminal Law & Procedure, Evidence, Sentencing, Sentencing
People v. Sifuentes, No. G041225
Conviction and sentencing of defendant for being a felon in possession of a firearm with a gang enhancement is vacated where the evidence does not support the conclusion that defendant had the right to control a firearm discovered near his co-defendant. Read more... Contracts, Corporation & Enterprise Law, Property Law & Real Estate
Creature Ventures v. Jim Ward & Assoc., No. H034883
In a dispute arising from a real estate finance transaction and involving causes of action for usury and breach of contract, judgment of the trial court is reversed where the evidence is sufficient to support usury but insufficient to prove fraud. Read more...
Injury & Tort Law, Remedies
Kimes v. Grosser, No. A128296
In an action for wrongful injury to a pet animal, judgment of the trial court dismissing action on the grounds that plaintiff would be unable to prove the value of the pet exceeded the costs of repair is reversed because a pet owner can recover the costs of care of a tortiously injured pet if the costs are found to be reasonable and necessary, and punitive damages if the injury is found to be intentional. Read more... Administrative Law, Government Law, Civil Procedure, Civil Procedure, Transportation
Spicer v. City of Camarillo, No. B228357
In an action for declaratory and injunctive relief involving the scope of defendant-city's parking ordinance, Municipal Code section 11.12.010, which limits parking times on city streets, and Vehicle Code section 22511.5(a)(1)(B), judgment of the trial court in favor of the defendant is affirmed where: 1) a disabled person displaying the appropriate placard may enjoy unrestricted street parking only where a posted sign limits parking; and 2) a decision by a county court commissioner, stating that the defendant's interpretation of section 22511.5 is irrational and a violation of equal protection of the law, is not res judicata. Read more... Civil Procedure, Commercial Law, Corp. Governance, Corporation & Enterprise Law, Contracts, Insurance Law
Investors Equity Life Holding Company v. Schmidt, No. G042806
In a dispute arising from several repurchase and hedging transactions, judgment of the trial court is affirmed where court properly stayed action on the ground of forum non conveniens because Hawaii is a suitable alternative forum and the relevant public and private interests weighed heavily in favor of having action litigated in that state. Read more... Criminal Law & Procedure, Sentencing, Education Law, Sentencing, Education Law, Evidence
McGill v. Superior Court, No. G043778
In a petition for a writ of mandate challenging the indictment of defendant, a non-grand jury target, for perjury, petition is granted where the grand jury who indicted for perjury was itself and impermissibly, the audience to whom the alleged perjury was directed. Read more... Civil Procedure, Government Law
Sierra Club v. Superior Court, No. G044138
In a petition for a writ of mandate challenging an order denying petitioner public access to a government database associated with a geographic information system pursuant to the California Public Records Act (the Act), Gov. Code section 6250 et seq., petition is denied where section 6254.9 of the Act excludes such a disclosure. Read more...
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