First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.
First District holds that a juvenile court may consider a victim impact statement at a six-month baseline review hearing if it limits its consideration to material relevant to the juvenile’s rehabilitation.
Fourth District holds that a breaching trustee’s inability to pay is not a defense to Probate Code section 859’s mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.
Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7’s young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.
First District holds that Sonoma County’s IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.
First District holds that the discharge of an earlier CEQA writ necessarily decided the adequacy of Caltrans’s revised analysis of impacts on Richardson Grove redwoods, barring petitioners from relitigating those impacts in a third writ proceeding.
First District holds that a plaintiff who recovers attorney fees from a tortfeasor under the tort of another doctrine cannot also recover the fees incurred in prosecuting the tort of another action itself.
Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.
Fourth District holds that a voluntary declaration of parentage is void where the birth mother had attempted to marry another man in apparent compliance with the law, making him a presumed parent under Family Code section 7611(b).
Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.