State Personnel Board v. Department of Personnel Administration, 37 Cal.4th 512 (2005). Article VII, § 3(a) of the California Constitution vests the State Personnel Board with jurisdiction to "enforce the civil service statutes and . . . review disciplinary actions." In collective bargaining with state employees, however, the Legislature approved agreements with several employee organizations under which affected civil service employees could obtain review of disciplinary action only through mandatory arbitration outside of the State Personnel Board's jurisdiction. Our client, the Association of California State Attorneys and Administrative Law Judges Court, challenged the mandatory arbitration under Article VII, § 3(a). The California Supreme Court agreed and held that the legislation approving the mandatory arbitration provisions was unconstitutional.
Beyer v. Tahoe Sands Resort, 129 Cal.App.4th 1458 (2005). Landowners converted lakefront property to a timeshare project, put legal title in the name of a trustee but retained rights to possess and use the property. Landowners also gave themselves an easement across the property for continued access to lake. Although an easement is ordinarily extinguished when the easement holder also holds title to the property, landowners' rights of possession and use were not the equivalent of full legal title and, therefore, the easement was valid and could be transferred to third parties. Primary work on this appeal was done by Tod Fogarty of McDonough, Holland & Allen, Sacramento, who represented one of the current holders of the easement. Our firm represented another easement holder and assisted Mr. Fogarty.
Marriage of Klug, 130 Cal.App.4th 1389 (2005). During a marital dissolution proceeding but before the marriage was terminated, wife sued the attorney who formerly represented both parties in estate planning for malpractice and breach of fiduciary duty. She alleged that he had created an asset-protection plan that allowed husband to unilaterally transfer community assets into foreign accounts and trusts beyond the reach of an American court. Even though wife's lawsuit was based on the lawyer's conduct during the marriage, her lawsuit and the settlement she received were her separate property, not community assets in which husband had an interest.
Roth v. Rose, 5 Civil Nos. F043178 & F043603 (unpublished, April 26, 2005). Under California's "one form of action" rule, holders of a senior deed of trust did not waive their right to foreclose by private trustees sale when they first obtained, but did not enforce, a judgment in judicial foreclosure action. Therefore, the trustee's foreclosure sale, which realized less than the amount owing on the underlying note, extinguished junior liens. The court also affirmed the award of attorney fees to the senior lien holders.
Hohol v. Transtar Industries, Inc., 3 Civil No. C045804 (unpublished, June 29, 2005). Action by employee who alleged that defendant employer illegally retaliated against him for his testimony in a previous lawsuit by removing him from his position on pretextual grounds. The court affirmed the judgment for compensatory damages but reversed punitive damages of $2.8 million, holding that that the evidence did not support the award of punitive damages.
Tesco Controls, Inc. v. Monterey Mechanical Co., 124 Cal.App.4th 780 (2004): Mechanic's lien; review of trial court factual determinations; effect on underlying debt of waiving mechanic's lien; calculation of penalty for failure to make prompt payment
Ebbetts Pass Forest Watch v. Department of Forestry and Fire Protection, 123 Cal.App.4th 1331 (2004): Environmental law; standards for administrative agency in determining sufficiency of timber harvest plan; judicial review of agency approval of timber harvest plan.
Bunch v. Hoffinger Industries, Inc., 123 Cal.App.4th 1278 (2004): Products liability; test for determining whether danger in product used primarily by children; assumption of risk doctrine; foreseeable misuse; defect as proximate cause of injury; appellate review of jury's factual determinations.
Stockett v. Association of California Water Agencies Joint Powers Ins. Authority, 34 Cal.4th 441 (2004): Wrongful discharge of government employee; adequacy of government tort claim.
Estate of Goyette, 123 Cal.App.4th 67 (2004): Wills and probate; interpretation of will; whether gift of "my money" means cash and deposit accounts or also includes securities.
Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n, 121 Cal.App.4th 1578 (2004): Disability discrimination in housing; companion animal as reasonable accommodation for resident with profound, disabling depression; duty of landlord who is suspicious of tenant's disability claim; judicial review of agency decision after administrative hearing.
Collins v. State, 121 Cal.App.4th 1112 (2004): Attorney disqualification: standards of appellate review of trial court order disqualifying attorney; effect of attorney's communications with and retention of expert already retained by opposing party; burden of proof and presumptions in motion to disqualify attorney.
Banning v. Newdow, 119 Cal.App.4th 438 (2004): Constitutional law, family law; constitutionality of statute allowing court in custody proceeding to require one parent to pay toward other parent's attorney fees and court costs.
to top
