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LIBERTY TRANSPORT, INC., Plaintiff and Respondent, v. HARRY W. GORST COMPANY, INC., and Insurance Companies, Defendants and Appellants.

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Insured brought action against insurers and broker to recover for unfair settlement practices, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, and fraud in connection with denial of claim for loss of truck trailer which disappeared along with insured's driver. The Superior Court, Los Angeles County, No. C541632, Macklin Fleming, J., entered judgment on jury verdict in favor of insured. Insurers and broker appealed. The Court of Appeal, Johnson, J., held that: (1) cause of action against insurers for unfair settlement practices is “liability created by statute” within meaning of three-year statute of limitations for action upon liability created by statute; (2) evidence supported conclusion that insurers and broker unreasonably and unjustifiably delayed communicating denial of claim; and (3) award of punitive damages was permissible. Complaint against insurers and broker did not relate back to the filing of original complaint against different insurers and broker and...

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45 Cal.4th 467 Supreme Court Of California Episcopal Church Cases

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Synopsis

Background: Bishop of diocese and member of local parish church that voted against disaffiliation filed lawsuit against rector and members of board of church that disaffiliated, to recover church property. National church successfully sought leave to intervene and filed its own complaint in intervention. The Superior Court, Orange County, JCCP No. 4392, David C. Velasquez, J., granted defendants' anti-strategic lawsuit against public participation (SLAPP) motion to strike and demurrer to complaint in intervention. Appeals were taken and consolidated. The Court of Appeal reversed. The Supreme Court granted review, superseding the opinion of the Court of Appeal.orest Service (USFS) [4] a general church can create a trust interest for itself in local church property by issuing a rule declaring that such a trust exists, if its governing instruments so provide, disapproving California–Nevada Annual Conf. of the United Methodist Church v. St. Luke's United Methodist Church, 121 Cal.App.4th 754, 17 Cal.Rptr.3d 442;...

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ON THE CORNER: Day Labor in the United States

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Executive Summary

This report profiles, for the first time, the national phenomenon of day labor in the United States. Men and women looking for employment in open-air markets by the side of the road, at busy intersections, in front of home improvement stores and in other public spaces are ubiquitous in cities across the nation. The circumstances that give rise to this labor market are complex and poorly understood. In this report, we analyze data from the National Day Labor Survey, the first systematic and scientific study of the day-labor sector and its workforce in the United States. This portrait of day labor in the United States is based on a national survey of 2,660 day laborers. These workers were randomly selected at 264 hiring sites in 139 municipalities in 20 states and the District of Columbia. The sheer number of these sites, combined with their presence in every region in the country, reflects the enormous breadth of this labor

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Potential Liabilities of Probation and Parole Officers

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FOREWORD

In 1982, the National Institute of Corrections published the first comprehensive overview of potential legal liabilities that can confront probation and parole officers as the result of their decisionmaking and work with offenders. The initial report addressed the primary areas of litigation against probation and parole officers and administrators; relevant caselaw; and the various forms of liability, immunity, confidentiality, good faith, and indemnity. The initial publication generated high interest among probation and parole practitioners and, for that reason, the Institute contracted with the original author to update the material in light of more recent cases. The Institute has also developed a training program regarding legal liabilities of probation and parole officers, which is presented through its National Academy of Corrections. As with the first edition of this report, it must be emphasized that this revised edition was prepared for a national audience; the reader must obtain specific guidance from his/her state or local jurisdiction.

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Attorney General Opinion | Bill Lockyer

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Is the state or a county responsible for the payment of the costs of (1) a report required before a court may consider suspension of a defendant’s sentence, where the defendant has been convicted of a lewd or lascivious act on a minor under 14, (2) an examination of a defendant’s mental competency, (3) an examination of a defendant, who has been convicted of a felony, to determine whether an involuntary civil commitment should be made due to narcotics addiction, (4) an examination of a person, in the absence of a criminal proceeding, to determine whether a civil commitment should be made due to narcotics addiction, (5) an examination and testimony in connection with an involuntary civil commitment of a person believed to be imminently dangerous to others, (6) evaluations and counsel regarding a civil commitment due to an inmate being a sexually violent predator, and (7) an examination of a defendant where a plea of “not guilty by reason of insanity” has been entered?

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Overview of the Interstate Compact Process

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About the Commission

Developed in 1937 and designed to regulate the movement of probationers and parolees across state lines, the Interstate Commission for Adult Offender Supervision (ICAOS) is enacted in all 50 states and three U.S. territories (District of Columbia, U.S. Virgin Islands, and Puerto Rico). Revised in 2002, the compact provides states the authority, accountability, and resources to track the supervision of offenders who move across state lines, thereby enhancing public safety and offender accountability. ICAOS has become a powerful and adaptive tool for promoting and ensuring cooperative action among the states and a single standard of supervision for offenders.

Mission Statement

The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective supervision strategies consistent with public safety, offender accountability, and victims’ rights.

Compact Organization

Governor appointed commissioners in every state act on behalf of the state, region, and broader national interest to promote the

Additional Resorurce: Interstate Commission for Adult Offender Supervision

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Information Concerning Out-of-State Prisoners

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Recent Developments Regarding Out-of-State Transfers

October 2006 – The Governor’s Proclamation

The California Department of Corrections and Rehabilitation (CDCR) is facing an overcrowding crisis. On October 4, 2006, Governor Schwarzenegger declared a state of emergency and issued a Proclamation on overcrowding. The Proclamation recognized that the current level of overcrowding threatens the health and safety of prisoners and prison staff. To address the overcrowding crisis, the Governor ordered CDCR officials to enter into contracts to transfer adult California prisoners to out-of-state prisons operated by private companies or by state or county agencies. The Governor ordered that the CDCR start by transferring prisoners who volunteer for out-of-state placement. The Governor’s Proclamation also over-rode the theneffective version of Penal Code § 11191, which stated that no prisoner could be transferred to serve a California sentence prison in another state without the prisoner’s written consent the Proclamation authorized the CDCR to transfer prisoners involuntarily if the CDCR deemed such transfers to be

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Legal Rights of Persons ‘with Disabilities

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EMPLOYMENT

This chapter discusses state and federal statutes which promote access to employment opportunities for individuals with disabilities.

I. STATE LAW

The Fair Employment and Housing Act (FEHA) protects the right of individuals to seek, obtain, and hold employment without discrimination on the basis of physical or mental disability or medical condition. It also prohibits retaliation against a person who has opposed unlawful discriminatory practices under the FEHA or participated in an investigation into unlawful employment practices. (Gov. Code, ' 12940, subd. (h).) The FEHA also prohibits harassment on the basis of a person=s disability. (Gov. Code, ' 12940, subd. (j).)

A. Definition of Disability and Medical Condition

1. Disability

The definition of "disability" under the FEHA includes both physical and mental disabilities.

a. Physical disability

Physical disability includes having any physiological disease, disorder, condition, cosmetic disfigurement or anatomical loss, or having a record of such impairment, or being regarding as having or having had such an impairment, that:

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Prohibited Persons Notice Form and Power of Attorney for Firearms Relinquishment, Sale or Disposal (Penal Code Section 12021, subd. (d)(2))

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Any person who has been convicted of a felony, a specified misdemeanor, or a specified firearms offense; who is addicted to narcotics; who is the subject of a protective order; or who has been found by a court or mental facility to have certain mental disabilities is prohibited by California law from possessing firearms. Please refer to the accompanying document entitled “State of California Firearms Prohibiting Categories” for a complete list of the firearms prohibitions in state law.

Note: The duration of prohibitions vary. Also, federal law may impose additional and/or more restrictive prohibitions on firearms possession. Therefore, a person who is entitled to possess firearms under state law may nevertheless be prohibited from possessing firearms under federal law. For specific legal advice about the duration of a state prohibition, whether a state prohibition is still in effect, or whether federal law prohibits the possession of firearms, please consult with an attorney who is licensed to practice law in the State of California

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Homicide Trials Reimbursement

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ANALYSIS

In 1961, the Legislature (Stats. 1961, ch. 2115) instituted, through the addition of a chapter in the Government Code (§§ 15200 et seq.), a system whereby the state would share with counties the cost of certain homicide trials. The legislative intention was expressed in section 15200: ‘The Legislature hereby declares that: (1) The uniform administration of justice throughout the State is a matter of statewide interest; (2) The prosecution and conduct of trials of persons accused of homicide should not be hampered or delayed by any lack of funds available to the counties for such purposes; (3) A county should not be required to bear the entire costs of a trial involving a homicide if such costs will seriously impair the finances of the county; and (4) It is the intention of the Legislature in enacting this chapter to provide for state assistance to counties in such emergency situations....

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