OPINION WERDEGAR, J. — Responding to a declared state fiscal emergency, in the summer of 2011 the Legislature enacted two measures intended to stabilize school funding by reducing or eliminating the diversion of property tax revenues from school districts to the state's community redevelopment agencies. (Assem. Bill Nos. 26 & 27 (2011-2012 1st Ex. Sess.) enacted as Stats. 2011, 1st Ex. Sess. 2011-2012, chs. 5-6 (hereafter Assembly Bill 1X 26 and Assembly Bill 1X 27); see also Assem. Bill 1X...
OPINION CORRIGAN, J. — Here we reaffirm the deferential character of the "some evidence" standard for reviewing parole suitability determinations. Whether to grant parole to an inmate serving an indeterminate sentence is a decision vested in the executive branch, under our state Constitution and statutes. The scope of judicial review is limited. The "some evidence" standard, which we articulated in In re Rosenkrantz (2002) 29 Cal.4th 616 [ 128 Cal.Rptr.2d 104 , 59 P.3d 174 ] (...
OPINION CORRIGAN, J. — This litigation tests whether certain insurance company claims adjusters are exempt employees, not entitled to overtime compensation under the Labor Code and regulations of California's Industrial Welfare Commission (IWC or Commission). Reviewing the trial court's denial of a summary adjudication motion, the Court of Appeal held the adjusters are not exempt employees as a matter of law. In doing so, the Court of Appeal misapplied the substantive law. We reverse. FACTS...
OPINION CHIN, J. — In this case we consider under what circumstances a trial court is obligated to conduct a hearing on whether to discharge counsel and appoint new counsel when a criminal defendant indicates a desire to withdraw a guilty or no contest plea on the ground that current counsel has provided ineffective assistance. (See People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ] ( Marsden ).) We conclude a trial court must conduct such a Marsden hearing...
OPINION BAXTER, J. — At the request of the United States Court of Appeals for the Ninth Circuit, 1 we address the following abstract question: "Whether, as a matter of California law, a California county and its employees can form an implied contract that confers vested rights to health benefits on retired county employees." For the reasons that follow, we conclude that a county may be bound by an implied contract under California law if there is no legislative prohibition against such...
OPINION CANTIL-SAKAUYE, C. J. — At the request of the United States Court of Appeals for the Ninth Circuit, we agreed to decide a question of California law that is relevant to the underlying lawsuit in this matter now pending in that federal appellate court. ( Perry v. Brown (9th Cir., No. 10-16696); see Cal. Rules of Court, rule 8.548.) As posed by the Ninth Circuit, the question to be decided is "[w]hether under article II, section 8 of the California Constitution, or otherwise under...
OPINION CHIN, J. — Under California's "quick-take" eminent domain procedure, a public entity filing a condemnation action may seek immediate possession of the condemned property upon depositing with the court the probable compensation for the property. ( Mt. San Jacinto Community College Dist. v. Superior Court (2007) 40 Cal.4th 648 , 653 [ 54 Cal.Rptr.3d 752 , 151 P.3d 1166 ] ( Mt. San Jacinto ); see also Code Civ. Proc., 1255.010, 1255.410.) 1 Any defendant in the condemnation...
OPINION WERDEGAR, J. — When a tortiously injured person receives medical care for his or her injuries, the provider of that care often accepts as full payment, pursuant to a preexisting contract with the injured person's health insurer, an amount less than that stated in the provider's bill. In that circumstance, may the injured person recover from the tortfeasor, as economic damages for past medical expenses, the undiscounted sum stated in the provider's bill but never paid by or on behalf...
OPINION BAXTER, J. — Voices of the Wetlands, an environmental organization, filed this administrative mandamus action in the Monterey County Superior Court to challenge the issuance, by the California Regional Water Quality Control Board, Central Coast Region (Regional Water Board), of a federally required permit authorizing the Moss Landing Powerplant (MLPP) to draw cooling water from the adjacent Moss Landing Harbor and Elkhorn Slough. 1 The case, now more than a decade old, presents...
OPINION WERDEGAR, J. — A Los Angeles County jury found defendants John Anthony Gonzales and Michael Soliz guilty of the first degree murder of Lester Eaton (count 1), Elijah Skyles (count 4) and Gary Price (count 5). (Pen. Code, 187, 189.) 1 The jury found true the special circumstance allegations of multiple murder and murder during the commission of robbery. ( 190.2, subd. (a)(3) & (17)(A).) 2 At the penalty phase, the jury returned a verdict of life without the possibility of parole...
OPINION CHIN, J. — In this case, we must decide whether Government Code section 910 (section 910) 1 allows taxpayers to file a class action claim against a municipal governmental entity for the refund of local taxes. In City of San Jose v. Superior Court (1974) 12 Cal.3d 447 , 455 [ 115 Cal.Rptr. 797 , 525 P.2d 701 ] ( City of San Jose ), we held that section 910 permits a litigant to bring a class claim against a local government. We later held in Woosley v. State of California (1992)...
OPINION WERDEGAR, J. — The City of Los Angeles, like numerous other municipalities in California and elsewhere, regulates the ability of certain employers to summarily replace the workforce upon acquiring a new business. Is such a worker retention ordinance preempted as intruding upon either matters of health and safety already regulated by the state or matters of employee organization and collective bargaining fully occupied by federal law We conclude it is not. As well, we conclude the...
OPINION CORRIGAN, J. — Here we consider two questions: (1) What are the standing requirements for a corporate entity to challenge a determination on the preparation of an environmental impact report (EIR) (2) Was the City of Manhattan Beach required to prepare an EIR on the effects of an ordinance banning the use of plastic bags by local businesses Plaintiff, a coalition of plastic bag manufacturers and distributors, claims standing to maintain a citizen suit to vindicate the public...
OPINION KENNARD, J. — A jury convicted petitioner Mark Christopher Crew of one count of murder (Pen. Code, 187, subd. (a)) 1 and one count of grand theft ( 484, 487). It found true a special circumstance allegation that the murder was for financial gain. ( 190.2, subd. (a)(1).) The jury fixed the penalty for the murder at death. On petitioner's automatic appeal (Cal. Const., art. VI, 11; Pen. Code, 1239), this court affirmed the judgment ( People v. Crew (2003) 31 Cal.4th 822 [...
OPINION WERDEGAR, J. — A jury convicted defendant Kenneth Ray Bivert of the first degree murder of Leonard Swartz. (Pen. Code, 187.) 1 The jury found that defendant used a deadly weapon in the commission of the murder ( 12022, subd. (b)) and found true the special circumstance allegations of prior conviction of first degree murder and lying in wait ( 190.2, subd. (a)(2), (15)). The jury further convicted defendant of assault with a deadly weapon by a life prisoner ( 4500) and found he,...
OPINION KENNARD, J. — A jury found defendant John Joseph Famalaro guilty of the first degree murder of Denise Huber. (Pen. Code, 187, 189.) 1 It found true special circumstance allegations that her murder was committed while defendant was engaged in kidnapping ( 190.2, former subd. (a)(17)(ii), now 190.2, subd. (a)(17)(B)) and in the commission or attempted commission of sodomy ( 190.2, former subd. (a)(17)(iv), now 190.2, subd. (a)(17)(D)). At the trial's penalty phase, the jury...
OPINION WERDEGAR, J. — In this proceeding we address, at the request of the United States Court of Appeals for the Ninth Circuit, 1 questions about the applicability of California law to nonresident employees who work both here and in other states for a California-based employer. We conclude the Labor Code's overtime provisions ( id., 510, 1194) do apply to plaintiffs' claims for compensation for work performed in this state, and that the same claims can serve as predicates for claims...
OPINION WERDEGAR, J. — Plaintiff Joseph L. Shalant, having previously been declared a vexatious litigant (Code Civ. Proc., 391, subd. (b)), 1 was subject to a prefiling order, issued under section 391.7, barring him "from filing any new litigation" ( id., subd. (a)) in propria persona in a California court without leave of the court's presiding judge. He filed the present litigation through counsel, but lost his representation while the action was pending. On defendants' motions, the...
OPINION KENNARD, J. — A person injured by someone driving a car in the course of employment may sue not only the driver but that driver's employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment. Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope of employment. The theory of negligent entrustment makes an employer...
OPINION CANTIL-SAKAUYE, C. J. — To protect and preserve the wildlife of the state for current and future generations, California—like other states—has adopted numerous statutes and regulations governing the conduct of persons who fish or hunt in this state, prescribing, for example, the places where fishing or hunting may occur, the seasons in which particular species may be taken, the number and size of different types of fish or animals that may be caught or shot, the means by which...
