Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Sentencing
• In re V. V.
Constitutional Law, Tax Law
• Franchise Tax Board v. Superior Court (Gonzales)
Civil Procedure, Labor & Employment Law
• Kelley v. The Conoco Companies
Administrative Law, Environmental Law, Consumer Protection Law, Government Law
• Chamber of Commerce v. Brown
Sentencing, Evidence, Criminal Law & Procedure
• People v. Frandsen
Tax Law, Administrative Law, Civil Procedure
• First Am. Commercial Real Estate Serv. v. County of San Diego
Labor & Employment Law, Health Law
• Quinn v. U.S. Bank
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LATEST SUMMARIES Supreme Court of California Criminal Law & Procedure, Sentencing
In re V. V., No. S177654
In a criminal case involving the requisite mens rea for arson and arising from the July 2008 Pasadena wildfires, judgment of the trial court is affirmed where under the circumstances of the case, defendant-minors' acts of intentionally igniting and throwing a firecracker amidst dry brush on a hillside, although done without intent to cause a fire or other harm, were sufficient to establish the requisite malice for arson. Read more... Constitutional Law, Tax Law, Constitutional Law
Franchise Tax Board v. Superior Court (Gonzales), No. S176943
In a state action for income tax refund, Rev. and Tax. Code, section 19381 et seq., judgment of the court of appeals is reversed where Article I, section 16 of the California Constitution does not require a jury trial in a statutory action for a state income tax refund. Read more...
California Appellate Districts Civil Procedure, Labor & Employment Law
Kelley v. The Conoco Companies, No. A126865
In a labor and employment action alleging sexual harassment, retaliation and related causes of action, summary judgment in favor of defendant on all claims is affirmed in part and reversed in part where trial court erred in judgment on plaintiff's retaliation claim under the California Fair Employment and Housing Act, Govt. Code section 12900 et seq. Read more... Administrative Law, Environmental Law, Consumer Protection Law, Government Law
Chamber of Commerce v. Brown, No. A125493
In a dispute involving whether the Office of Environmental Health Hazard Assessment can add chemicals to the the state's Proposition 65 list by use of a methodology set forth in Health and Safety Code section 25249.5(a), judgment of the trial court is affirmed because the state's Proposition 65 list must be updated by such methodology where section 25249.5(a) remains operable. Read more... Sentencing, Evidence, Criminal Law & Procedure
People v. Frandsen, No. B222751
Conviction and sentencing of defendant for second degree murder and involuntary manslaughter are upheld where the trial court: 1) did not misinstruct the jury on a sudden-escalation exception to defendant's claim of imperfect self-defense; and 2) properly excluded prior consistent statements on the grounds that statements were irrelevant. Read more... Tax Law, Administrative Law, Civil Procedure
First Am. Commercial Real Estate Serv. v. County of San Diego, No. D057463
In an action seeking a refund upon the cancellation of a tax penalty, Revenue and Taxation Code section 4985.2(a) and (b), judgment of the trial court for the plaintiff is reversed where plaintiff failed to establish the requirements for cancellation and refund under section 4985.2. Read more... Labor & Employment Law, Health Law
Quinn v. U.S. Bank, No. B226143
In an action alleging disability discrimination in violation of the Fair Employment and Housing Act (FEHA) and arising from defendant's dismissal of plaintiff, judgment of the trial court granting summary judgment on the basis of preemption is affirmed in part and reversed in part where 12 U.S.C. 24 was impliedly amended by the Americans With Disabilities Act (ADA), 42, U.S.C. sections 12101-12213, and as amended, preempts the FEHA only to the extent that FEHA's disability provisions exceed the requirements of the ADA. Read more...
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