Table of Contents LATEST SUMMARIES Sentencing, Evidence, Criminal Law & Procedure
• People v. Ardoin
Government Law, Labor & Employment Law, Criminal Law & Procedure
• Cal. Correctional Peace Officers Assn. v. Tilton
Civil Procedure, Asset Forfeiture, Commercial Law, Debt Collection, Judgement Enforcement
• Kono v. Meeker
Class Actions, Contracts, Health Law, Injury & Tort Law, Insurance Law, Remedies, Civil Procedure
• Kaiser Cement and Gypsum Corp. v. Ins. Co. of State of PA
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LATEST SUMMARIES Sentencing, Evidence, Criminal Law & Procedure
People v. Ardoin, No. A122444
Convictions and sentencing of defendants of first degree murder, Pen. Code section 187, are upheld where: 1) the trial court did not abuse its discretion by limiting defense impeachment of prosecution witness; 2) no improper comment on defendant's failure to testify occurred; 3) trial court's failure to reopen the case for defense argument after a felony-murder instruction was modified was harmless error; and 4) the admission into evidence of a statement made by codefendant was not a violation of the Confrontation Clause. Read more... Government Law, Labor & Employment Law, Criminal Law & Procedure
Cal. Correctional Peace Officers Assn. v. Tilton, No. C063991
In a dispute involving the proper construction of Penal Code section 13602(a), judgment of the trial court is reversed where Section 13602(a) authorizes defendant California Department of Corrections and Rehabilitation (CDCR) to conduct training for correctional peace officers away from defendant's local training academies. Read more...
Civil Procedure, Asset Forfeiture, Commercial Law, Debt Collection, Judgement Enforcement
Kono v. Meeker, No. C065406
In a dispute involving the scope of Code Civ. Pro. section 704.060(a), judgment of the trial court denying an exemption to a levy of execution is affirmed, where inventory items sold by defendants' retail antiques business are not tools of defendants' trade such that they are exempted from a levy. Read more... Class Actions, Contracts, Health Law, Injury & Tort Law, Insurance Law, Remedies, Civil Procedure
Kaiser Cement and Gypsum Corp. v. Ins. Co. of State of PA, No. B222310
In an insurance dispute involving how to apportion liability among insurers in continuing injury cases and arising from a first-level excess insurance policy, summary judgment in favor of plaintiff is reversed where it cannot be determined, without further litigation, whether defendant has a duty to indemnify plaintiff because there is no evidence in the record as to whether policies issued to plaintiff by other primary insurers have been fully exhausted. Read more...
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