OPINION CORRIGAN , J. Here we consider how California calculates income taxes on multistate businesses. In 1974, California joined the Multistate Tax Compact (Multistate Tax Com., Model Multistate Tax Compact (Aug. 4, 1967)) (Compact), which contained an apportionment formula and permitted a taxpayer election between the Compact's formula and any other formula provided by state law. (Rev. & Tax. Code, former 38001 et seq., enacted by Stats. 1974, ch. 93, 3, p. 193 and repealed by...
OPINION CU LLAR , J. We granted review to address the following question: Under what circumstances, if any, does the California Environmental Quality Act (CEQA) (Pub. Resources Code, 1 21000 et seq.) require an analysis of how existing environmental conditions will impact future residents or users of a proposed project In light of CEQA's text, statutory structure, and purpose, we conclude that agencies subject to CEQA generally are not required to analyze the impact of existing...
OPINION CANTIL-SAKAUYE , C. J. — A public entity may be liable for injuries caused by dangerous conditions of public property. (Gov. Code, 830, 835.) 1 An entity may avoid liability, however, through the affirmative defense of design immunity. ( 830.6.) "A public entity claiming design immunity must establish three elements: (1) a causal relationship between the plan or design and the accident; (2) discretionary approval of the plan or design prior to construction; and (3)...
OPINION WERDEGAR , J. — To buyers and sellers alike, "labels matter." ( Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310 , 328 [ 120 Cal.Rptr.3d 741 , 246 P.3d 877 ].) They serve as markers for a host of tangible and intangible qualities consumers may come to associate with a particular source or method of production. ( Id. at pp. 328-329.) Misrepresentations in labeling undermine this signifying function, preventing consumers from correctly identifying the goods and services...
OPINION WERDEGAR , J. This case presents three issues regarding the adequacy of an environmental impact report for a large land development in northwest Los Angeles County, each issue arising under the California Environmental Quality Act (CEQA; Pub. Resources Code, 21000 et seq.): (1) Does the environmental impact report validly determine the development would not significantly impact the environment by its discharge of greenhouse gases (2) Are mitigation measures adopted for...
OPINION CHIN , J. The intent and purpose of the Child Abuse and Neglect Reporting Act (CANRA; Pen. Code, 11164 et seq.) is to protect children from abuse and neglect (Pen. Code, 11164, subd. (b)). 1 One of the stated fundamental goals of CANRA is to increase communication and the sharing of information relating to child abuse and neglect among the agencies responsible for the welfare of children. ( 11166.3, subd. (a).) To accomplish this, CANRA designates certain agencies to accept...
OPINION CANTIL-SAKAUYE , C. J. — Under the Firefighters Procedural Bill of Rights Act (Gov. Code, 3250 et seq.), 1 a firefighter has the right to review and respond to any negative comment that is "entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer." ( 3255.) This case presents the question whether section 3255 gives an employee the right to review and respond to negative comments in a supervisor's daily log, consisting of...
OPINION WERDEGAR , J. — A jury in Alameda County Superior Court convicted Ropati Seumanu in 2000 of the first degree murder of Nolan Pamintuan (Pen. Code, 187; all further statutory references are to this code unless otherwise indicated), kidnapping to commit robbery ( 209, subd. (a)), and first degree robbery ( 211). The jury also sustained special circumstance allegations that Seumanu committed a murder while engaged in the commission of a robbery and a kidnapping. ( 190.2, subd. (...
OPINION CANTIL-SAKAUYE , C. J. — We granted review to consider whether Insurance Code section 520—a statute tracing back to 1872, which was not cited to or considered by this court when we decided Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 [ 129 Cal.Rptr.2d 828 , 62 P.3d 69 ] ( Henkel )—changes our determination in that case regarding the enforceability of "consent to assignment" clauses in third party liability insurance policies. Under Henkel, the...
OPINION KRUGER , J. — Under section 835 of the Government Code, 1 a public entity may be held liable for injury proximately caused by a dangerous condition of its property if the risk of injury was reasonably foreseeable and the entity had sufficient notice of the danger to take corrective measures. In this case, the negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by the City of Los Angeles. The collision...
OPINION CU LLAR , J. — This court has long maintained that if any claims in a third party complaint against a person or entity protected by a commercial general liability (CGL) insurance policy are even potentially covered by the policy, the insurer must provide its insured with a defense to all the claims. (E.g., Horace Mann Ins. Co. v. Barbara B. (1993) 4 Cal.4th 1076 , 1081 [ 17 Cal.Rptr.2d 210 , 846 P.2d 792 ].) The insurer's provision of an immediate, complete defense in such...
OPINION WERDEGAR , J . — In this case we consider a challenge under the California Environmental Quality Act (Pub. Resources Code, 21000 et seq.) (CEQA) to a decision by the Board of Trustees (Board) of the California State University (CSU) certifying an environmental impact report (EIR). The EIR concerns the Board's project to expand the campus of San Diego State University (SDSU) to accommodate more than 10,000 additional students over the next several years — part of a larger program...
OPINION LIU , J . — The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right of the parties to go to small claims court and to pursue self-help remedies,...
OPINION CANTIL-SAKAUYE , C. J. — Irving Duke prepared a holographic will providing that, upon his death, his wife would inherit his estate and that if he and his wife died at the same time, specific charities would inherit his estate. The handwritten will, however, contained no provision addressing the disposition of his estate if, as occurred here, he lived longer than his wife. The specified charities contend that at the time the testator wrote his will, he specifically intended to...
OPINION CANTIL-SAKAUYE , C. J. — In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties' property as community property or separate property. ( In re Marriage of Valli (2014) 58 Cal.4th 1396 , 1399 [ 171 Cal.Rptr.3d 454 , 324 P.3d 274 ].) Family Code section 760 provides that all property acquired by the spouses during the marriage is community property "[e]xcept as otherwise provided by statute." One...
OPINION CORRIGAN , J. — We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued in separate actions. Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The court reasoned that a breach of contract invades a single primary right, and plaintiff could not split its...
OPINION CANTIL-SAKAUYE , C. J. — A jury found Lumord Johnson, defendant, guilty of the first degree murder of Martin Campos by personal use of a firearm (count 1). (Pen. Code, 187, subd. (a), 12022, subd. (a)(1), 12022.5, subd. (a).) 1 The jury also found defendant guilty of the second degree murder of Camerina Lopez by personal use of a firearm (count 2). ( 187, subd. (a), 189, 12022.5, subd. (a).) The jury further found true the special circumstance allegations of multiple murder...
OPINION CHIN , J. — In City of Los Angeles v. Superior Court (2002) 29 Cal.4th 1 [ 124 Cal.Rptr.2d 202 , 52 P.3d 129 ] ( City of Los Angeles ), 1 we considered the interplay between the prosecution's constitutional duty under Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215, 83 S.Ct. 1194] ( Brady ) and its progeny, and statutory procedures by which the parties can seek discovery of information in confidential peace officer personnel records. We do so again. Brady, supra,...
OPINION CHIN , J. Slot machines, sometimes called "one-armed bandits" (although younger users might wonder why), have long been outlawed in California. Under review are devices that resemble traditional casino-style slot machines in some ways and offer users the chance to win sweepstakes prizes. Because they employ modern technology, the devices differ from traditional slot machines in some ways. We must decide whether the devices come within the statutory definition of a "slot machine or...
OPINION CANTIL-SAKAUYE , C. J. — Health and Safety Code section 50003, subdivision (a), currently provides: "The Legislature finds and declares that ... there exists within the urban and rural areas of the state a serious shortage of decent, safe, and sanitary housing which persons and families of low or moderate income ... can afford. This situation creates an absolute present and future shortage of supply in relation to demand ... and also creates inflation in the cost of housing, by...
