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San Diego Trolley Accident Injures Two Passengers

Date: 02/05/2010


Two light rail passengers were injured in a San Diego trolley accident as their trolley slammed into a postal vehicle at Park Boulevard and G Street in East Village in San Diego. This auto vs. train accident took place around 11:30 a.m. on February 3, 2010.

Though no one lost their life, two passengers, a 40-year old man who uses wheelchairs and a woman in her 40s, were taken to Scripps Mercy Hospital and Kaiser Hospital, respectively. The man was treated for major trauma and the woman sustained minor injuries. Police are still investigating the cause of the crash.

Trolley accidents in Downtown San Diego are not unknown. Light rail drivers are known to enter intersections on the tail end of the yellow light, thereby causing traffic snarls and blocking intersections.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego trolley accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an injury accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





San Diego Assault and Battery Takes Life of 22-Year Old Man

Date: 02/04/2010


An argument over a taxicab resulted in the death of a 22-year old man named LaDonte Collins, on February 2, 2010, in the 7000 block of El Cajon Boulevard in San Diego. This unfortunate San Diego assault and battery took place in the early morning hours around 4:30 a.m. in the parking lot of the Ace Budget Motel.

The fatal assault appears to have been resulted from a quarrel between the victim and another man who both wanted to hire a taxi that had just arrived to pick up a fare outside the College Area motel. The quarrel heated up and ended with the other man, whose name was not immediately available, stabbing Collins and severely wounding him. Collins was taken to Sharp Memorial Hospital, where he was declared dead an hour later. The suspect was later turned over to the homicide detectives.

Incidents like these tend to leave us shocked and angry. How unjust and inhuman is it to take away a life in a fit of rage?! Our office wishes to convey our sincere prayers and condolences to the family and friends of LaDonte Collins in such difficult times.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego assault and battery, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following an injury accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





Fatal Vista Pedestrian Accident Suspect Turns Himself In

Date: 02/02/2010


Providing fresh insight into the teen skateboarder killed by in a Vista hit and run car accident, a 92-year old man has turned himself in to authorities saying that he might be the careless driver. A vigil was held in memory of 15-year old Lucas Giaconelli, who lost his life in when a car struck and killed him as he was skateboarding along Thobodo Road in Vista in North San Diego County.

It was during the vigil itself that the 92-year old suspect came forward asking why the vigil was taking place. The deputy with the San Diego Sheriff's Department explained about the Vista pedestrian accident. When the deputy was finished, the man said he had been driving on the street around the time of the accident and thought he had hit a small animal. The man’s car was then examined and the damage was found to be consistent with the fatal auto accident.



It has to be said that, though we are all concerned with the way young people drive, thought also has to be given to the danger posed by senior citizens driving when they perhaps should not. Clearly, due to their age, they can sometimes cause serious threats to fellow drivers and pedestrians. In some cases, such as in this accident, their carelessness and inability to react quickly can even cause death.

Ross Jurewitz is a Vista car accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run auto accident or a car vs. skateboarder accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





Vista Skateboarder Dies in Hit and Run San Diego County Auto Accident

Date: 02/01/2010


A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29,2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.

Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.

Ross Jurewitz is a Vista personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista pedestrian accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run car accident or skateboarding accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





Vista Skateboarder Dies in Hit and Run San Diego County Auto Accident

Date: 02/01/2010


A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29, 2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.



Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.

Ross Jurewitz is a Vista personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Vista pedestrian accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a hit and run car accident or skateboarding accident, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

San Diego Car Accident Lawyer Blog

Riverside Auto Accident Occurs When a Bus and Car Collide

Date: 02/05/2010


A 21-year old Greenport resident lost his life in a Riverside auto accident as his car was hit by a transit bus. This fatal car vs. bus accident took place at an intersection in Riverside on February 3, 2010 around 7:40 a.m. The deceased, Michael Brown, was driving a 2000 Ford Focus along CR 63 when he was hit by a Suffolk transit bus moving along CR 51.

According to Southampton Police reports, Brown passed a stop sign and continued into the moving traffic, when his Ford was hit broadside by the northward bound transit bus. Michael Brown was transported to the Suffolk County Medical Examiner's Office after being pronounced dead at the scene. The bus passengers and the driver suffered minor injuries.

Our office wishes to convey our sincere prayers and condolences to the family and friends of Michael Brown. Michael, a recent graduate of Greenport High School was much loved in the community. It is so disheartening to note that so many young adults are losing their lives in auto accidents in Riverside County. We urge all residents of the area to be more cautious when they step onto the roads and adhere to all traffic rules and safety norms.

Ross Jurewitz is a Riverside County auto accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Riverside car accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a car wreck, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





Fatal Riverside County Pedestrian Accident Suspect Found

Date: 02/04/2010


A man suspected of killing a Banning pedestrian in a Riverside County hit and run auto accident was located, detained, and interviewed at the Banning Police Department on February 2, 2010. This fatal Riverside pedestrian accident took place in front of 4500 Ramsey Street in Banning, on January 30, 2010, resulting in the death of 17-year old Cody Rodenbucher.

The suspect, 28-year old Sachin Bhakta from Banning, was taken into custody at the Holiday Inn Express on Ramsey Street after Banning police conducted a sweep of the hotel with the help of the Riverside County Sheriff's Bloodhound team. The police were able to apprehend him as a nearby surveillance camera had caught images of his car as it went east on Ramsey Street after striking Rodenbucher.

Our office wishes to convey our sincere prayers and condolences to the family and friends of Cody Rodenbucher. It is so disheartening to note that so many teenagers are losing their lives in hit and run car accidents in Riverside County. We urge all residents of the area to be more cautious when they step onto the roads, be it on foot or in a car.

Ross Jurewitz is a Riverside County personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a Riverside County auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a car wreck, please order your free copy of Mr. Jurewitz's California personal injury book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





San Diego County Auto Accident Victim Found Near Border

Date: 02/02/2010


The body of a little girl, faced down in the mud, was found in the Tijuana River Valley around 10.a.m. on Sunday, January 31,2010. It was spotted near a park at the west end of Monument Road in San Diego County.

The body, spotted by Pio Cruz--a volunteer with the Desert Angels--might belong to the 5- year old girl who was swept away in a San Diego County auto accident near the Tijuana River’s raging waters on January 20, 2010. The car accident led to the death of a mother and her eldest daughter, while two young children--a 2-year old son and 5-year old daughter--went missing. The body found by Cruz is believed to be the missing girl.

Last Wednesday, another body had been found which was believed to be of the 2-year old boy. But Lt. Margaret San Filippo with the San Diego Sheriff's Department commented that everything will be confirmed after DNA testing. The body is thought to have been swept away from the Tijuana side of the border though large tubes, big enough for a person to walk through.
We all had prayed for the safe return of the children. Unfortunately, that was not to be. Our office wishes to convey our condolences near to the family of the victims. This tragedy that has befallen the husband/father of this family cannot be expressed in words. It is just too great.

Ross Jurewitz is a San Diego car accident lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA personal injury law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego auto accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a car wreck, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





Julian Motorcycle Accident Kills San Diego Man

Date: 02/01/2010


A 28-year-old San Diego man was killed in a fatal San Diego County motorcycle accident on State Route 78 just east of Pine Hills Road in Julian. The deceased, identified as Carl Davis Jr., was riding a 2007 CVR 600 motorcycle when he was hit in a head-on collision. He died at the scene.

This serious traffic accident happened on Saturday, January 30, 2010 around 12:30 p.m. According to California Highway Patrol Officer Brian Pennings, Carl was eastbound on Pine Hills road when he suddenly crossed the double yellow line and was hit by a 1976 Chevrolet pickup. A witness told the California Highway Patrol Officer that Carl had passed him at a high rate of speed and soon afterward his motorcycle crossed into the oncoming traffic and was hit by the pickup. In his defense, the driver of the pickup, Dean Young, 47, of San Diego said that he “was unable to react in time to avoid a collision with the bike.”

Our office wishes to convey our sincere prayers and condolences to the family and friends of Carl Davis Jr. The number of catastrophic motor vehicle accidents that take place in San Diego County due to speeding is on the rise. Poor decisions, like suddenly switching lanes into oncoming traffic, can lead to disastrous consequences and, as in this case, even death.

Ross Jurewitz is a San Diego personal injury lawyer and the managing attorney of the Jurewitz Law Group, a San Diego, CA law firm dedicated to representing people seriously injured and the families of people killed by the negligence of others. If you or a loved one has been hurt or killed in a San Diego car accident, please call Mr. Jurewitz at 888-233-5020 for a free consultation.

In addition, if you would like more information to help you or your family following a head-on car crash or motorcycle wreck, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.





San Diego Auto Accident Kills San Jacinto Man

Date: 01/29/2010


A 23 year old San Jacinto man was killed in a San Diego car accident on SR-79 near Beaumont as his car, a 2004 Chevrolet Malibu, vaulted off the road and banged into the mountain side, north of County Landfill Road.

This fatal San Diego County auto accident occurred on January 27,2010, around 3 a.m. The driver, Daniel Eugene Valdez, was driving south on the highway when he lost control of his car. According to California Highway Patrol Officer Scott Beauchene, the sedan then rammed into the mountain, cutting all escape routes for the two occupants. The car crash resulted in Valdez’s death and severe injuries to his passenger, Raymond Trejo, 23, of Hemet. Trejo was later taken to a local trauma center in Riverside.

Our office wishes to convey our sincere prayers and condolences to the family and friends of Daniel E. Valdez and Raymond Trejo, who is still in the hospital. There have been various incidents reported where young adults meet with a horrific accident. Residents of San Diego County need to be more cautious about driving during late hours when they may be tired and fatigued.

If you or a loved one has been injured in a San Diego County auto accident, please contact San Diego, CA car accident attorney Ross Jurewitz and the San Diego personal injury attorneys at the Jurewitz Law Group. You may also contact these San Diego injury lawyers online or at 888-233-5020 for a free consultation and helpful information.

If you would like more information to help you following a traffic collision or car wreck, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is free to all California residents.

California Injury Accident Lawyer

Trying to Handle a California Injury Accident Claim Against Allstate Without an Attorney Can Be Difficult

Date: 12/27/2009

Each personal injury case is different and requires its' own evaluation and skills to maximize the value of the claim. However, when you find yourself against Allstate, you can typically assume that you will need to hire an experienced and aggressive personal injury trial attorney to assist you. This belief is based upon dozens of cases against Allstate's in-house lawyers and adjustors.


Teen Dies in Interstate 15 Car Accident in Corona, CA

Date: 08/23/2009

A young girl from the Inland Empire's city of Corona died last week when the SUV she had been traveling in rolled over while riding along the Interstate 15, a popular stretch that has a large presence in San Diego, and travels northward and eastward through California's Inland Empire and into Las Vegas. The girl was 16 years old. The Riverside County coroner's office identified the victim as Alexis Victoria Vega, and she was reported to have died at the scene of the accident, which took place north of Limonite Avenue on the Interstate 15 driving southbound last Friday night.


Two Killed After Car Collides with Christian Band’s Tour Bus

Date: 08/23/2009

A popular Christian band called MercyMe canceled a show from their summer tour in St. Louis after their tour bus collided with a vehicle in northeastern Indiana, leaving two passengers dead, including the pregnant driver's unborn baby. None of the band members was seriously injured and only suffered "minor bumps and bruises". A news story on the bus crash and a photo of the damaged front end of the bus were put up on the band's Web site last Saturday. According to a police officer from Fort Wayne, Indiana, witnesses reported that the bus had been going through a green light at 1:15 a.m. when the car made a left-hand turn in front of it. The Dallas-based band had been in the midwest for a concert on August 14.


Woman Killed in San Bernardino County Personal Watercraft Collision

Date: 08/11/2009

After her personal watercraft collided with another vessel, a 25-year-old woman died at Silverwood Lake in San Bernardino County. The woman, identified as Chanisar Dechakaisaya of Glendale, CA, was injured as she rode toward the shoreline when her PWC was struck on the right side by a 2000 Yamaha three-seat PWC. California State Park Rangers are still investigating the crash. Dechakaisaya was airlifted to the Arrowhead Regional Medical Center in Colton, CA, where she died.


The Top 10 Cities with the Best Drivers

Date: 08/10/2009

Based upon a recent survey conducted by Allstate Insurance, the United States cities with the best drivers--based upon accident rates and data--are: 1. Sioux Fall, South Dakota 2. Fort Collins, Colorado 3. Chattanooga, Tennessee 4. Cedar Rapids, Iowa 5. Knoxville, Tennessee 6. Fort Wayne, Indiana 7. Lexington-Fayette, Kentucky 8. Eugene, Oregon 9. Boise, Idaho 10. Colorado Springs, Colorado

Best Boating Accident Lawyer Blog

1 Dead and 6 Injured in San Diego Harbor Boat Accident

Date: 12/21/2009

An 8-year-old boy was killed and 6 other people injured in a San Diego boat accident in the San Diego Bay when a US Coast Guard patrol boat crashed against a recreational boat just before 6 p.m. All the victims were taken to UCSD Medical Center.


Walnut Creek Man Dies in Half Moon Bay Boating Accident

Date: 11/30/2009

49 year-old Matthew Runte of Walnut Creek died on November 27, 2009, when his sailboat capsized off the coast of Half Moon Bay. His sailboat capsized in rough waters just south of Pillar Point. After the sailboat capsized, Coast Guard officials reported that a flare was spotted at sea. Personnel from Pillar Point Harbor patrol, the San Mateo County Sheriff's Office, and the Half Moon Bay Fire Department assisted in the recovery.

Best Child Injury Lawyer Blog

Recall of Cribs and Strollers Issued to Protect Safety of Babies and Children

Date: 01/24/2010

This week was highlighted by product recalls of cribs and strollers after several serious injuries were reportedly suffered by babies and infants. Graco strollers recalled over one million strollers after at least five children had their fingers amputated when they became caught in the canopy hinge. At least two others suffered severe lacerations. Dorel Asia Cribs also recalled over 600,000 cribs after it was discovered that the crib left sufficient space for a baby's head to become trapped, leading to suffocation.


IKEA Recalls LEOPARD Highchairs Due to Fear of Children Falling

Date: 12/29/2009

The United States Consumer Product Safety Commission and IKEA Home Furnishings of Conhohocken, PA announced the recall of LEOPARD highchairs due to the discovery that snap lockes securing the seat to the frame have been found to break and allow the seat to fall away and the child to fall through the frame. Clearly this poses a hazard to small children.


Texas Lawsuit Focuses on Dangerous Daycare Loophole

Date: 12/27/2009

Texas child injury lawyers filed a lawsuit against Woodbridge Day school alleging that two-year-old Isabella Estep died after ingesting a rock in a school classroom in 2008 after her teacher failed to treat her while she was on the floor and was dying.


Bacteria Scare Forces Tylenol to Recall Children’s Medicines

Date: 09/25/2009

Tylenol announced on September 24 that it was recalling Children’s Tylenol and over 20 other children’s and infant’s liquid products due to bacteria found in the medicines manufactured between April and June 2008. The bacteria is believed to be in the inactive ingredients in the products.  While the product as manufactured met all specifications, the recall [...]

Best Motorcycle Accident Lawyer Blog

San Diego Injury Accident Lawyer Discusses the Most Important California Motorcycle Laws

Date: 12/26/2009

If you are a California motorcyclist, you're aware that there are several important laws that affect where and how you ride a motorcycle. San Diego motorcycle accident lawyer Ross Jurewitz has compiled a quick list of the most important California motorcycle laws in one article so that riders can be aware of them. Follow the link for more helpful information.


Fatal San Diego Motorcycle Accident in North Park

Date: 11/30/2009

A deadly motorcycle accident occurred last week when the rider failed to notice a stop sign and breezed through the intersection, colliding with a car in the North Park neighborhood of San Diego. The victim has since been identified as a resident of Cardiff-by-the-Sea.


Collision Between Motorcycle and Truck Kills Motorcyclist

Date: 11/30/2009

A traffic collision involving a pickup truck and a motorcycle has left at least one dead in a fatal wreck in Riverside County last week, that looks similar to many experienced throughout California. Shortly after 5 p.m. on September 1, 2009, police officers from Riverside responded to the reported wreck within the city to investigate the matters.

Best Wrongful Death Lawyer Blog

Motorist Killed After Los Angeles Freeway Car Accident

Date: 11/30/2009

A two vehicle Los Angeles car accident killed a motorist on November 28, 2009, when the vehicles crashed on a freeway connector in the Lynwood-Paramount area of Los Angeles. The auto accident happened at 8:44 p.m. on the westbound 105 Freeway connector to the 710 Freeway. One of the vehicles went into a ditch and crashed into a pole.

Recent Supreme Court of California Opinions

Goodman v. Lozano

Date: 02/05/2010

(Cal., Attorney's Fees, Civil Procedure, Construction, Contracts) In plaintiffs' action against various defendants based on construction defects in their new house raising issues regarding the availability of attorney's fees, decision of the court of the appeals affirming the trial court's judgment is affirmed as the majority in Wakefield v. Bohlin, 145 Cal.App.4th 963 (2006), erred by misinterpreting the plain language of "net monetary recovery" and by concluding that settlement offsets do not otherwise affect whether a party has such a "net monetary recovery." Therefore, the plaintiffs here, ordered to take nothing against nonsettling defendants due to a settlement offset, did not obtain a "net monetary recovery" for purposes of the prevailing party determination.




Steinhart v. County of Los Angeles

Date: 02/05/2010

(Cal., Administrative Law, Government Law, Property Law & Real Estate, Tax Law) In plaintiff's action against a county seeking a tax refund claiming that, when she received a life estate interest in a residence, no change in ownership occurred within the meaning of Article XIII A, section 2(a) of the California Constitution to trigger reassessment, judgment of the court of appeals' is reversed where: 1) under governing statutes, plaintiff had to apply for assessment reduction even though her claim presents a pure question of law; 2) the futility exception to the exhaustion requirement is inapplicable; 3) the county is not estopped from relying on plaintiff's failure to exhaust remedies; and 4) there was a change in ownership within the meaning of Article XIII A, section 2(a).




In re E.J.

Date: 02/02/2010

(Cal., Constitutional Law, Criminal Law & Procedure, Sentencing) In a unified habeas petition by four registered sex offenders challenging the constitutionality of a provision in the Jessica Law, that sets forth restrictions on where certain registered sex offenders subject to the lifetime registration requirement may reside, is transferred to the courts of appeal for further proceedings where: 1) the court rejects claims that Penal Code section 3003.5(b), construed as a statutory parole condition, is being impermissibly retroactively enforced as to the petitioners, and as thus enforced, constitutes an ex post facto law under the state and federal constitutions; and 2) with regard to defendants' remaining claims that section 3003.5(b) is an unreasonable, vague and overbroad parole condition that infringes on a number of their fundamental constitutional rights, evidentiary hearings will have to be conducted to establish relevant facts necessary to decide each such claim.




Brown Winfield & Canzoneri, Inc. v. Sup. Ct.

Date: 02/02/2010

(Cal., Civil Procedure, Contracts, Insurance Law) In writ proceedings arising from parties' insurance coverage dispute, a court of appeals' dismissal of the writ proceeding is affirmed as the court of appeal did not err in dismissing its August 28, 2007 order comprising the "suggestive" Palma notice at issue, and subsequent settlement of the litigation underlying the petition rendered moot the relief sought in that petition. It is not improper for an appellate court to issue a "suggestive" Palma notice, and further, it may do so without first having received or solicited opposition from the real party in interest. However, if a trial court decides on its own motion to revisit its interim ruling in response to a suggestive Palma notice -- an action within its inherent authority -- then it must inform the parties of its intent to do so, and provide them with an opportunity to be heard.




People v. McKee

Date: 01/29/2010

(Cal., Constitutional Law, Criminal Law & Procedure, Health Law, Sentencing) In defendant's constitutional challenge to voter-passed Proposition 83, which modified the terms by which sexually violent predators (SVP) can be released from civil commitment under the Sexually Violent Predators Act, trial court's judgment is affirmed in part and reversed and remanded in part where: 1) defendant's due process and ex post facto challenges were without merit; but 2) with respect to an equal protection claim, the state has not yet carried its burden of demonstrating why SVP's, but not any other ex-felons subject to civil commitment, such as mentally retarded disordered offenders, are subject to indefinite commitment.

Recent California Appellate Court Opinions

Jankey v. Lee

Date: 02/06/2010

(Cal. App., Attorney's Fees, Civil Procedure, Civil Rights, Health Law) In plaintiff's action against a grocery/liquor store owner claiming discrimination on the basis of his disability because architectural barriers denied him entry to the store, summary judgment in favor of defendant on all causes of action and award of attorney's fees in the amount of $118,458 are affirmed as: 1) the court of appeals rejects the preemption analysis in Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009); 2) thus, the attorney's fees were properly awarded to defendant as a prevailing defendant under Civ. Code section 55; and 3) the amount of attorney's fees and costs was well within the trial court's discretion.




Graffiti Protective Coatings, Inc. v. City of Pico Rivera

Date: 02/06/2010

(Cal. App., Administrative Law, Civil Procedure, Contracts, Government Contracts, Government Law) In plaintiff's petition for a writ of mandate seeking to invalidate a new contract between defendant-city and its competitor and to compel city to award the contract through competitive bidding, trial court's grant of defendant's anti-SLAPP motion is reversed and remanded as, even if plaintiff's claims involve a public issue, they are not based on any statement, writing, or conduct by the city in furtherance of its right of free speech or its right to petition the government for the redress of grievances. Rather, plaintiff's claims are based on state and municipal laws requiring the city to award certain contracts through competitive bidding, and thus, the claims are not subject to the anti-SLAPP statute.




Sharabianlou v. Karp

Date: 02/06/2010

(Cal. App., Attorney's Fees, Civil Procedure, Commercial Law, Contracts, Property Law & Real Estate, Remedies) In plaintiff's action seeking rescission of a commercial real estate transaction and tort damages, the portion of the trial court's judgment awarding damages to the original property owners is reversed as the trial court's award goes well beyond the types of damages permitted.




Villano v. Waterman Convalescent Hosp., Inc.

Date: 02/06/2010

(Cal. App., Civil Procedure, Elder Law, Health Law, Injury And Tort Law) In plaintiff's action against a convalescent hospital claiming she was admitted without her consent, judgment of the trial court is affirmed where, although a stipulated judgment is appealable, plaintiff cannot show that allegedly erroneous rulings were prejudicial.




In re Koehler

Date: 02/06/2010

(Cal. App., Civil Procedure, Ethics & Professional Responsibility, Family Law, Sanctions) In an attorney's petition for a writ challenging a trial court's order of contempt on attorney arising from divorce proceedings, attorney's petition is treated as one for prohibition and granted, and the order of contempt is reversed and annulled as the requisite procedures were not followed and the applicable law was not applied.

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