Sharp v. Superior Court, B222025, concerned a defendant's petition for a writ of mandate seeking to compel the superior court to vacate its order granting the People's motion for a mental examination by a prosecution-retained expert.
In denying the petition, the court held that the trial court's authority
to order a mental health examination by an expert retained by the
prosecution is not "specifically addressed" by section 1027, and as
such, section 1054.3(b) authorizes a trial court to order a defendant
who pleads not guilty by reason of insanity to submit to a psychiatric
examination by a prosecution-retained expert. The court rejected
defendant's argument that the trial court's order violates his
constitutional rights and defendant's claim that the order is an
improper retrospective application of a statute that operates
prospectively only as meritless. Lastly, the court held that there is
nothing in the record establishing discovery abuse or showing other
conduct that would be material to the exercise of the trial court's
discretion in making the order.
Shaoxing County Huayue Import & Export v. Bhaumik, B220483,
concerned a challenge to the trial court's denial of an individual's
argument that the state court
action should be stayed because the alter ego claim belonged to the
bankruptcy estate, in a bankrupt corporation's creditor's action to
recover payment in state court from the individual based on an alter ego
theory of liability. In affirming, the court held that the creditor's
action to hold the individual liable as an alter ego for a creditor's
substantive causes of action against a bankrupt corporation was not the
property of the bankruptcy estate.
People v. Caballero, B217709,
concerned a challenge to the trial court's imposition of a sentence of
110 years to life in prison, in a conviction of defendant for willful,
deliberate, and premeditated attempted murder, with findings that he
personally and intentionally discharged a firearm, inflicted great
bodily injury upon one victim, and committed the crimes for the benefit
of a criminal street gang. In affirming the sentence, the court held
that defendant's sentence passes constitutional muster where his
sentence resulted from his intentionally discharging a firearm during an
attempt to kill three individuals, leading to the infliction of great
bodily injury upon one of them.
People v. Armas, B214134,
concerned a challenge to the trial court's conviction of defendant for
violating the Sex Offender Registration Act and for probation
violation. In reversing in part and remanding, the court held that the
evidence is insufficient to support the conviction for failing to
register his new address within five days of when he changed addresses
as there was no evidence that defendant failed to register with the
police department. The court also reversed defendant's conviction for
failing to register as a transient within five days of when he became a
transient for instructional error. However, the court affirmed the
defendant's conviction for failing to notify the agency of his initial
registration of his change of address within five days of moving, and as
such, defendant's probation violation must be affirmed.
Nortel Networks Inc. v. State Bd. Equalization, B213415,
concerned a plaintiff's suit against the State Board of Equalization
seeking a tax refund for sales tax imposed on the software that
plaintiff licenses to operate telephone switching equipment. The court
reversed in part and remanded as the software licensed by plaintiff is
exempt from sales tax under the Technology Transfer Agreement (TAA)
statutes because it is copyrighted, it contains patented processes, and
it enabled the licensee to copy the software, and to make and sell
products embodying the patents and copyright, and as such, the Board's
attempt to limit the scope of the TTA statutes by excluding prewritten
computer programs is an invalid exercise of its regulatory power.
However, the court affirmed the trial court's judgment awarding
plaintiff a refund of the sales tax it paid for licensing
switch-specific programs.
Kullar v. Foot Locker Retail, Inc., A127375,
concerned a challenge to the rrial court's denial of defendant's motion
to disqualify the attorneys for parties who have objected to the
proposed settlement agreement in the first of two class actions and are
the plaintiffs in the second action in which a class has not yet been
certified. In affirming, the court held that the filing of the second
action has not created a conflict of interest requiring counsel's
disqualification.
Hypertouch, Inc. v. Valueclick, Inc., B218603,
concerned a challenge to the trial court's grant of defendants' motion
for summary judgment in
ruling that the Controlling the Assault of Non-Solicited Pornography and
Marketing Act of 2003 (CAN-SPAM) preempted plaintiff's section 17529.5
claims, in plaintiff's suit against defendants, engaged in online
marketing services, claiming violations of Business & Professions
Code section 17529.5(a), which prohibits entities from advertising in a
commercial electronic message that contains various types of deceptive
content.
In reversing and remanding, the court held that plaintiff's section
17529.5 claims are not preempted by the CAN-SPAM Act. Further, the
court held that plaintiff has raised a triable issue of fact regarding
whether defendants violated section 17592.5, as plaintiff is not
required to demonstrate that defendants sent or had knowledge of the
offending emails and there are triable issue of facts with respect to
whether the content of the emails violated section 17529.5. Lastly, the
court held that defendants are not entitled to summary adjudication as
plaintiff may seek actual damages for any email it received within three
years prior to the filing of the complaint and liquidated damages for
any email received within one year prior to the filing of the complaint. Related Links: