OPINION CHIN , J. — We granted review to determine whether an environmental impact report (EIR), issued as part of a master plan to develop a partial retirement community in Fresno, California, violates the California Environmental Quality Act (CEQA) for failing to include sufficient information on topics the act requires. (Pub. Resources Code, 21000 et seq.) 1 Our task is to review specific challenges to the final EIR 2 that defendant County of Fresno (County) and its board of...
OPINION CHIN , J. — In this case, we decide a procedural question related to the timing of the notice that must precede an unlawful detainer action, where the action is not brought by a landlord but rather by a new owner that has acquired title to the property under a power of sale contained in a deed of trust. The question we decide is whether perfection of title, which includes recording the trustee's deed, is necessary before the new owner serves a three-day written notice to quit...
OPINION LIU , J. — The Labor Code generally provides that employees who work more than five hours must be provided with a 30-minute meal period and that employees who work more than 10 hours must be provided with an additional 30-minute meal period. (Lab. Code, 512, subd. (a); all undesignated statutory references are to this code.) An employee who works no more than six hours may waive the meal period, and an employee who works no more than 12 hours may waive the second meal period. (...
OPINION KRUGER , J. — Plaintiff William Jae Kim (Kim) was severely injured after he lost control of his Toyota Tundra pickup truck and drove off an embankment. Together with his wife, Kim brought this strict products liability suit against defendant Toyota Motor Corporation and related entities (collectively, Toyota), claiming that the pickup truck was defective because its standard configuration did not include a particular safety feature, known as vehicle stability control (VSC), they...
OPINION CHIN , J. — Vehicle Code section 17004.7 (section 17004.7) provides public agencies employing peace officers immunity from damages for collisions resulting from police chases if, but only if, the agency "adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits...." ( 17004.7, subd. (b)(1).) Promulgation of the written policy must include "a requirement that all peace officers of the public agency certify in...
OPINION CU LLAR , J. — A jury convicted defendant Christopher Alan Spencer of murdering James Madden. (Pen. Code, 187; all further undesignated references are to this code.) It also found true the special circumstance allegations that Spencer murdered Madden while robbing him and burglarizing his place of business. ( 190.2, subd. (a)(17).) The jury returned a verdict of death, prompting this automatic appeal. (Cal. Const., art. VI, 11; Pen. Code, 1239, subd. (b).) We affirm the...
OPINION CORRIGAN , J. — When a child is allegedly harmed by in utero exposure to hazardous chemicals, which statute of limitations applies: that for toxic exposure claims (Code Civ. Proc., 340.8, subd. (a)), 1 or that for prenatal injuries ( 340.4) The answer determines the viability of this lawsuit. Because the toxic exposure statute was more recently enacted, and its language plainly encompasses prenatal injuries, we conclude it applies here. The limitations period for toxic...
OPINION LIU , J. — A jury convicted defendant Michael Augustine Lopez of the first degree murder of Ashley D., his girlfriend's 21-month-old granddaughter (Pen. Code, 187, subd. (a); further undesignated statutory references are to the Penal Code), assault resulting in the death of a child under eight years old ( 273ab), and committing lewd and lascivious conduct on a child under the age of 14 ( 288, subd. (b)(1)). The jury found true the special circumstance allegation that the...
OPINION LIU , J. — A jury convicted defendant Richard Penunuri of the first degree murder of Brian Molina, Michael Murillo, and Jaime Castillo (Pen. Code, 187, subd. (a); all statutory references are to this code unless otherwise specified) and conspiracy to commit the murder of Castillo ( 182). He was also found guilty of the second degree robbery of Shawn Kreisher and Randy Cordero ( 211) and assault with a firearm on Carlos Arias ( 245). The jury found true the special...
OPINION CANTIL-SAKAUYE , C. J. — INTRODUCTION AND OVERVIEW Real parties in interest Derrick D. Hunter and Lee Sullivan (defendants) were indicted by a grand jury and await trial on murder, weapons, and gang-related charges arising out of a driveby shooting in San Francisco. Each defendant served a subpoena duces tecum on one or more petitioners, social media service providers Facebook, Inc. (Facebook), Instagram, LLC (Instagram), and Twitter, Inc. (Twitter) (collectively, social media...
OPINION CANTIL-SAKAUYE , C. J. — Pursuant to the Ketchum Act (Food & Agr. Code, 65500 et seq.; sometimes hereafter referred to as the Act), the activities of the California Table Grape Commission (sometimes hereafter referred to as the Commission) are funded by assessments on shipments of California table grapes. Plaintiffs and appellants are five growers and shippers of these grapes. They contend that the collection of assessments under the Act to subsidize promotional speech on...
OPINION CANTIL-SAKAUYE , C.J. — Under both California and federal law, the question whether an individual worker should properly be classified as an employee or, instead, as an independent contractor has considerable significance for workers, businesses, and the public generally. 1 On the one hand, if a worker should properly be classified as an employee, the hiring business bears the responsibility of paying federal Social Security and payroll taxes, unemployment insurance taxes and...
OPINION CU LLAR , J. — People convicted of noncapital murder and certain other criminal offenses in California serve indeterminate sentences that run from a minimum number of years to life, making release possible before the end of their life. The Board of Parole Hearings (the Board) decides, subject to relevant statutory provisions and review by the Governor, whether such prisoners are suitable for release. This case concerns the interaction of those statutory provisions with a...
OPINION CU LLAR , J. — Like "cloud-capp'd towers," "gorgeous palaces," and perhaps someday even "the great globe itself," many arrangements endure for some time but eventually dissolve. 1 So too with certain law partnerships — including firms that are retained, before they dissolve, to handle matters on an hourly basis. The question before us is whether a dissolved law firm retains a property interest in such legal matters that are in progress — but not completed — at the time of...
OPINION CHIN , J. — In this case, we decide how an employee's overtime pay rate should be calculated when the employee has earned a flat-sum bonus during a single pay period. Specifically, we consider whether the divisor for purposes of calculating the per-hour value of the bonus should be (1) the number of hours the employee actually worked during the pay period, including overtime hours ; (2) the number of nonovertime hours the employee worked during the pay period; or (3) the...
