Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Sentencing, Sentencing
• People v. Zambia
Criminal Law & Procedure, Sentencing
• People v. Gonzales
• People v. Anderson
Labor & Employment Law, Civil Procedure
• United Parcel Service v. Superior Court
Evidence, Labor & Employment Law, Remedies
• Clark v. Superior Court
Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
• Collins v. Sutter Memorial Hospital
Civil Procedure, Injury & Tort Law
• Adams v. Superior Court (Centinella Freeman Regional Med. Ctr.)
Civil Procedure, Administrative Law, Labor & Employment Law
• Hall-Villareal v. City of Fresno
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LATEST SUMMARIES Supreme Court of California Criminal Law & Procedure, Sentencing, Sentencing
People v. Zambia, No. S173490
Conviction and sentencing of defendant for pandering, Penal Code section 266i(a)(2), are upheld where section 266i(a)(2) applies even when the target is already a prostitute or an undercover police officer acting as one. Read more... Criminal Law & Procedure, Sentencing
People v. Gonzales, No. S072316
Conviction and sentencing of defendant for first degree murder with special circumstances are upheld where there are no reversible errors. Read more...
People v. Anderson, No. S175351
Conviction and sentencing of defendant for first degree felony murder with the special circumstance of killing during the course of a robbery, Pen. Code, sections 187, 190.2(a)(17)(A)) and 211, is upheld because the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear, and where a trial court has no obligation to provide a sua sponte instruction on a theory of accident where the defendant's theory is an attempt to negate the intent element of the charged crime. Read more... California Appellate Districts Labor & Employment Law, Civil Procedure
United Parcel Service v. Superior Court, No. B227190
In a petition for a writ of mandate challenging the trial court's specific rulings arising from Labor Code section 226.7, petition is denied because trial court properly held that section 226.7 permits up to two premium payments per work day. Read more... Evidence, Labor & Employment Law, Remedies
Clark v. Superior Court, No. D058568
In a petition for a writ of mandate seeking recession of an order disqualifying petitioner's counsel on Rico grounds, petition is denied where disqualification order was not an abuse of discretion. Read more... Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
Collins v. Sutter Memorial Hospital, No. C063783
In an action for medical malpractice, judgment of the trial court granting plaintiff a new trial after vacating a defense summary judgment is affirmed, where order was timely under Code of Civil Procedure section 660 and based on proper grounds. Read more... Civil Procedure, Injury & Tort Law
Adams v. Superior Court (Centinella Freeman Regional Med. Ctr.), No. B229437
In a petition for a writ of mandate seeking to vacate a trial court order abating plaintiff's wrongful death and survival causes of action because plaintiff, decedent's representative, did not join all known heirs, Code of Civil Procedure sections 377.60 and 382, petition is granted where trial court erred in abating wrongful death cause of action and survival causes of action. Read more... Civil Procedure, Administrative Law, Labor & Employment Law
Hall-Villareal v. City of Fresno, No. F060144
In a petition for a writ of mandate ordering the respondent to conduct a hearing on the merits of a termination decision, judgment of the trial court granting petition is affirmed where: 1) the application for retirement benefits did not divest the Civil Service Board of jurisdiction to hear petitioner's appeal; and 2) due process requires that a good-cause exception for late-filed appeals be read into the administrative procedure, as a fundamental vested right to continued employment is at stake. Read more...
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