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All Reporters → cal-app-4th → Volume 85
Opinions in cal-app-4th Volume 85
101 Cal. Rptr. 2d 817 (2000)
85 Cal. App. 4th 1
Mat J. ROGERS, Plaintiff and Appellant,
v.
Rene PEINADO et al., Defendants and Respondents.
No. A088891.
Court of Appeal, First District, Division Five.
November 28, 2000.
Rehearing Denied December 28, 2000.
*819 Kenneth S. Katzoff, Robert R. Riggs, Sung E. Shim, Katzoff & Riggs, Berkeley, for plaintiff and appellant.
Samuel E. Meredith, Nicole ...
Views: 1
101 Cal. Rptr. 2d 835 (2000)
85 Cal. App. 4th 13
The PEOPLE, Plaintiff and Respondent,
v.
Modesto Ruiz BANIQUED et al., Defendants and Appellants.
No. C031869.
Court of Appeal, Third District.
November 29, 2000.
*837 Thomas N. Thomson, Malibu, for Defendants and Appellants.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant At...
Views: 0
101 Cal.Rptr.2d 829 (2000)
85 Cal.App.4th 34
The PEOPLE, Plaintiff and Respondent,
v.
Joe Willie MORGAN, Defendant and Appellant.
No. C032328.
Court of Appeal, Third District.
November 29, 2000.
Review Granted March 14, 2001.
*830 Jerry Sies, Los Angeles, under appointment of the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attor...
Views: 0
Opinion Jason Michael Thornton complains that a statement he volunteered to police arresting him was erroneously admitted in his trial for possession of heroin. He contends the statement was “neither material or relevant” and the trial court erred in concluding its prejudicial effect did not substantially outweigh its probative value. We believe the trial court got it right. Their attention a...
Views: 2
Opinion “The usual paternity suit involves a man, hereafter referred to as the defendant, who does not wish to be declared the father of the child. Because of the accuracy and statistical significance of modern blood testing, the California Legislature has adopted a statutory presumption of paternity. If the defendant’s blood test results in a particular numerical score, he is presumed to be th...
Views: 0
101 Cal.Rptr.2d 756 (2000)
85 Cal.App.4th 58
The PEOPLE, Plaintiff and Respondent,
v.
Belquis AMIN, Defendant and Appellant.
No. A089186.
Court of Appeal, First District, Division Five.
October 30, 2000.
James P. Collins, Glendale, for defendant and appellant.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, St...
Views: 0
Opinion Plaintiffs and appellants in this action are two nonprofit corporations, the Howard Jarvis Taxpayers Association and the Apartment Association of Los Angeles County, Inc., and three individuals, Ivan Shinkle, Harold Greenberg and Mark Dolan (collectively referred to as appellants). In June 1999, they brought a class action lawsuit on behalf of all individuals and entities who paid for w...
Views: 0
102 Cal.Rptr.2d 20 (2000)
85 Cal.App.4th 86
PACIFIC GAS AND ELECTRIC COMPANY, Petitioner,
v.
PUBLIC UTILITIES COMMISSION, Respondent;
Independent Energy Producers Association et al., Real Parties in Interest.
No. A089556.
Court of Appeal, First District, Division Three.
November 30, 2000.
*22 Roger J. Peters, Christopher J. Warner, Andrew L. Niven, Ann H. Kim, San Francisco, Horvitz & Levy, E...
Views: 0
Opinion
Public Utilities Code section 453, subdivision (d), provides: “No public utility shall include with any bill for services or commodities *89furnished any customer or subscriber any advertising or literature designed or intended (1) to promote the passage or defeat of a measure appearing on the ballot at any election whether local, statewide, or national, (2) to promote or defeat any candi...
Views: 0
Opinion
Appellants John and Karen Plut challenge the trial court’s adjustments to an award of damages after a jury found respondent Fireman’s Fund Insurance Company (Fireman’s Fund) liable for breach of insurance contract and bad faith. We affirm in part and reverse in part.
Relevant Factual and Procedural Background
The Pluts bought a house in Rancho Palos Verdes in 1975. In 19...
Views: 0
102 Cal. Rptr. 2d 28 (2000)
85 Cal. App. 4th 113
Shari THOMAS, Plaintiff and Appellant,
v.
Barry GORDON et al., Defendants and Respondents.
No. B133413.
Court of Appeal, Second District, Division Four.
November 30, 2000.
Review Denied February 21, 2001.
*30 Esner & Chang, Stuart B. Esner, Los Angeles, and Andrew N. Chang, San Jose, for Plaintiff and Appellant.
Haight, Brown & Bonesteel, B...
Views: 0
102 Cal.Rptr.2d 326 (2000)
85 Cal.App.4th 125
MARIA D., Plaintiff and Appellant,
v.
WESTEC RESIDENTIAL SECURITY, INC., Defendant and Respondent.
No. B133742.
Court of Appeal, Second District, Division Five.
November 30, 2000.
As Modified December 20, 2000.
Review Denied February 21, 2001.[*]
Jacobs, Jacobs & Rosenberg, Stanley K. Jacobs and Judi L. Jacobs, Santa Monica, for Plaintiff and Appe...
Views: 0
101 Cal.Rptr.2d 867 (2000)
85 Cal.App.4th 152
Aaron EPSTEIN, Plaintiff and Appellant,
v.
HOLLYWOOD ENTERTAINMENT DISTRICT II BUSINESS IMPROVEMENT DISTRICT et al., Defendants and Respondents.
No. B134256.
Court of Appeal, Second District, Division Three.
November 30, 2000.
Rehearing Granted January 2, 2001.
*868 Moskowitz, Brestoff, Winston & Blinderman, Dennis A. Winston and Barbara S. Blinde...
Views: 0
102 Cal.Rptr.2d 46 (2000)
85 Cal.App.4th 163
Christine DEGRASSI, Plaintiff and Appellant,
v.
Arthur COOK et al., Defendants and Respondents.
No. B136407.
Court of Appeal, Second District, Division Four.
November 30, 2000.
Review Granted February 28, 2001.
Robert L. Kern, Pomona, and Scott E. Wheeler, Covina, for Plaintiff and Appellant.
Leboeuf, Lamb, Greene & MacRae and Sharon C. Corda, Los ...
Views: 0
101 Cal.Rptr.2d 760 (2000)
85 Cal.App.4th 177
In re RUBISELA E., a Person Coming Under the Juvenile Court Law.
Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,
v.
Ruben E, Defendant and Appellant.
No. B137665.
Court of Appeal, Second District, Division Two.
October 31, 2000.
*761 Steven D. Shenfeld, under appointment by the Court of Appeal, for Defendant an...
Views: 1
Page 177
Opinion
Ruben E. (Father) appeals following the juvenile’s court’s adjudication and disposition of a petition alleging he had molested his oldest daughter. That child, Rubisela E., was removed from the home; the other five children in the family were also found to be within the jurisdiction of the juvenile court but were allowed to remain in the home of their mother, with appellant Father allowed...
Views: 0
Opinion
Where an automotive dealer protests the termination of its franchise to the New Motor Vehicle Board and the board overrules the protest, judicial review should be conducted under the substantial evidence test, not the independent judgment test. Because the trial court applied the wrong standard, we issue a writ of mandate directing the trial court to reverse its decision.
Fac...
Views: 0
Opinion
Introduction
The Sexually Violent Predators Act (SVPA or the Act) was enacted October 11, 1995, effective January 1, 1996, and codified in Welfare and
*210
Institutions Code
1
section 6600 et seq. (Stats. 1995, chs. 762, 763.) In section 1, the Legislature set forth its findings and summarized the purpose of the new law, which was to identify an extrem...
Views: 0
Opinion
Introduction
“An object is what it is.” So stated the Court of Appeal in
Farnham
v.
City of Los Angeles
(1998) 68 Cal.App.4th 1097 [80 Cal.Rptr.2d 720], waiving
*223
aside concerns that its broad definition of “trail” under Government Code section 831.4,
1
would result in expansion of the term beyond recognition, providing a gover...
Views: 1
Opinion Respondent Margaret Gardenhire prevailed in a claim against her employer, appellant Housing Authority of the City of Los Angeles (the Housing Authority), in a claim for retaliation under Labor Code section 1102.5, 1 the so-called whistleblower statute. She recovered damages in the amount of $1,318,785.10. On appeal, the Housing Authority contends that Gardenhire failed to establish en...
Views: 0
102 Cal. Rptr. 2d 55 (2000)
85 Cal. App. 4th 245
Leanne JENSEN, Plaintiff and Appellant,
v.
WELLS FARGO BANK, Defendant and Respondent.
No. B134875.
Court of Appeal, Second District, Division Four.
December 5, 2000.
Rehearing Denied December 28, 2000.
Review Denied March 14, 2001.[**]
*57 Duchrow & Barker and David J. Duchrow, Pico Rivera, for Plaintiff and Appellant.
Fisher & Phillips, J...
Views: 0
101 Cal.Rptr.2d 898 (2000)
85 Cal.App.4th 268
SHERMAN WAY TOWNHOMES, INC., et al., Petitioners,
v.
The SUPERIOR COURT of Los Angeles County, Respondent;
Eugene H. Twarowski III, Inc., et al., Real Parties in Interest.
No. B143003.
Court of Appeal, Second District, Division Four.
December 5, 2000.
Review Granted January 30, 2001.
Review Transferred May 23, 2001.
*899 Richard D. Rome, Van Nuys, for...
Views: 0
Opinion Appellant Elizabeth Martinez has refused to allow respondents, Rachel and Ruben Lopez, to visit her son, Daniel Martinez. Daniel is respondents’ grandson and the biological son of appellant and Carl Blair. Respondents petitioned for visitation rights pursuant to Family Code section 3104, which gives grandparents standing to petition for visitation when a *281 minor’s parents are livin...
Views: 0
102 Cal.Rptr.2d 78 (2000)
85 Cal.App.4th 290
The PEOPLE, Plaintiff and Respondent,
v.
Myron Carlyle MOWER, Defendant and Appellant.
No. F030690.
Court of Appeal, Fifth District.
December 6, 2000.
As Modified on Denial of Rehearing January 3, 2001.
Review Granted March 14, 2001.
*79 Richard D. Runcie, under appointment by the Court of Appeal, Fresno, for Defendant and Appellant.
Bill Lockyer, Atto...
Views: 0
Opinion
Appellants Baxter Healthcare Corporation and Baxter International, Inc., sought a judicial declaration that the California Insurance Guarantee Association (CIGA) must indemnify them. Appellants paid product liability claims which would have been paid by two insurance carriers, now insolvent, of a predecessor company. We review the trial court’s decision de novo
{Hunter v. Pa...
Views: 0
102 Cal. Rptr. 2d 13 (2000)
85 Cal. App. 4th 316
Edward ROMAN, Plaintiff and Appellant,
v.
COUNTY OF LOS ANGELES, Defendant and Respondent.
No. B133625.
Court of Appeal, Second District, Division Two.
November 9, 2000.
*14 Law Offices of Duane R. Folke and Duane R. Folke, Los Angeles, for Plaintiff and Appellant.
Kohrs & Fiske, Conrad Kohrs, Santa Monica, Luciana P. O'Brien; Greines, Martin, ...
Views: 0
102 Cal.Rptr.2d 121 (2000)
85 Cal.App.4th 327
The PEOPLE, Plaintiff and Appellant,
v.
Rockland Faber RIGGS, Defendant and Appellant.
No. C029575.
Court of Appeal, Third District.
December 6, 2000.
Rehearing Granted January 5, 2001.
*122 Daniel E. Lungren, Attorney General, George H. Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Harry Joseph C...
Views: 0
101 Cal.Rptr.2d 909 (2000)
85 Cal.App.4th 334
Andy L. HESTAND et al., Plaintiffs and Appellants,
v.
Marcy SAUNDERS, as Labor Commissioner, etc., et al., Defendants and Respondents.
No. G024918.
Court of Appeal, Fourth District, Division Three.
December 8, 2000.
As Modified on Denial of Rehearing January 8, 2001.
Review Denied February 21, 2001.[*]
*910 Law Offices of Carroll & Scully, Inc., D...
Views: 0
101 Cal.Rptr.2d 916 (2000)
85 Cal.App.4th 345
JEFFREY H., Plaintiff and Appellant,
v.
IMAI, TADLOCK & KEENEY et al., Defendants and Respondents.
No. A087167.
Court of Appeal, First District, Division One.
December 8, 2000.
As Modified January 3, 2001.
*918 Jeffrey H., in pro. per., for Plaintiff and Appellant.
Murphy, Pearson, Bradley & Feeney, Timothy J. Halloran, San Francisco, Aaron K....
Views: 0
*350Opinion
In this in propria persona appeal, Jeffrey H.1 appeals a judgment dismissing his complaint against the law firm, Imai, Tadlock & Keeney, two attorneys in the firm, Robert Keeney and Mark Misaghi, and a secretary in the firm, Heather Hutchison (hereafter collectively the respondent law firm), which was entered on an order sustaining the respondent law firm’s demurrer to the first amend...
Views: 0
102 Cal.Rptr.2d 138 (2000)
85 Cal.App.4th 363
Jill SHIVELY, Plaintiff and Appellant,
v.
Peter BOZANICH, as Deputy District Attorney, etc., et al., Defendants and Respondents.
Jill Shively, Plaintiff and Appellant,
v.
Brian Patrick Clarke, Defendant and Respondent.
Nos. B130905, B133983.
Court of Appeal, Second District, Division Three.
December 8, 2000.
Review Granted March 28, 2001.
*139 Hill &a...
Views: 0
102 Cal. Rptr. 2d 125 (2000)
85 Cal. App. 4th 382
Andrew P. PAVICICH, Jr., et al., Cross-Complainants and Respondents,
v.
Anthony H. SANTUCCI, Cross-Defendant and Appellant. Los Gatos Brewery Limited Partners, Plaintiff and Respondent,
v.
Anthony H. Santucci, Defendant and Appellant.
Nos. H019844, H020472.
Court of Appeal, Sixth District.
December 8, 2000.
*128 David C. Johnson and Anthony H. San...
Views: 0
*403
Opinion
After a jury trial, Kenneth Talhelm (hereafter referred to as defendant)
1
was found a sexually violent predator within the meaning of Welfare and Institutions Code
2
section 6600 et seq., also known as the Sexually Violent Predators Act (hereafter the SVP Act or the Act) and committed to a state mental institution for a two-year term. On appeal...
Views: 2
Page 411
Opinion
Introduction
Welfare and Institutions Code section 8102 authorizes the confiscation and possible forfeiture of firearms or other deadly weapons from persons
*417
taken into custody for evaluation of their mental condition under Welfare and Institutions Code section 5150.
1
Appellant Alexander Almelia Yan challenges the constitutionality of section 81...
Views: 2
102 Cal. Rptr. 2d 179 (2000)
85 Cal. App. 4th 434
The PEOPLE, Plaintiff and Respondent,
v.
Corey ROBINSON, Defendant and Appellant.
No. B130050.
Court of Appeal, Second District, Division Five.
December 11, 2000.
Rehearing Denied January 2, 2001.
Review Denied March 21, 2001.
*180 Dale Dombkowski, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, ...
Views: 1
Opinion
A delinquent ward of the juvenile court committed a new offense, possession of marijuana on school grounds, for which the only authorized disposition is a fine. A Welfare and Institutions Code section 602
1
petition was filed for the new offense and found to be true. The juvenile court aggregated the minor’s previous offense, possession of a concealable weapon, with the...
Views: 0
Opinion
The Medical Board of California (Board) appeals from a judgment granting a peremptory writ of mandate commanding it to set aside a citation it issued to Dr. William Steinsmith. We reverse.
I.
Steinsmith is a Board-licensed physician who performed disability evaluations of persons referred by the California Department of Social Services at the Bay View Medical Clinic (Cli...
Views: 0
Opinion
Dennis E. Damon, a former manager of a homeowners association, brought a defamation complaint against several of the association members, two board of directors members, and a private homeowners association club.
2
The trial court granted defendants’ motion to strike the complaint under California’s anti-SLAPP (strategic lawsuit against public participation) statute. (C...
Views: 1
Opinion
The Family Code is clear that child support ends, at the latest, at age 19.
1
The only exception is in the case of an adult child who
*484
is incapacitated from earning a living and is without sufficient
2
Accordingly, in
In re Marriage of Chandler
(1997) 60 Cal.App.4th 124 [70 Cal.Rptr.2d 109], this court held that a trial court did n...
Views: 0
102 Cal.Rptr.2d 196 (2000)
85 Cal.App.4th 494
In re DAKOTA S., a Person Coming Under the Juvenile Court Law.
Sacramento County Department of Health and Human Services, Plaintiff and Respondent,
v.
Sandra S., Defendant and Appellant; Artemeas K., Respondent.
No. C033411.
Court of Appeal, Third District.
December 13, 2000.
*197 George R. Robertson, Stockton, for Defendant and Appellant.
Robert A. R...
Views: 0
Opinion
Sandra S. (appellant), the mother of Dakota S. (the minor), appeals from orders of the juvenile court modifying the minor’s placement and selecting a permanent plan of guardianship with the minor’s foster parent, who had been given de facto parent status. (Welf. & Inst. Code, §§ 366.26, 388; further section references are to this code unless specified otherwise.) Among other things, appel...
Views: 0
102 Cal.Rptr.2d 214 (2000)
85 Cal.App.4th 508
Gil GARCETTI, as District Attorney, etc., Petitioner,
v.
The SUPERIOR COURT of Los Angeles County, Respondent;
Paul Marentez, Real Party in Interest.
No. B143330.
Court of Appeal, Second District, Division Five.
December 14, 2000.
Review Granted March 21, 2001.
*216 Gil Garcetti, District Attorney, George M. Palmer, Patrick D. Moran and Fred Klink, De...
Views: 0
102 Cal.Rptr.2d 350 (2000)
85 Cal.App.4th 553
PALM VALLEY HOMEOWNERS ASSOCIATION, INC., Plaintiff and Respondent,
v.
DESIGN MTC, Defendant; Edwards, Sooy & Byron, Objector and Appellant.
No. E025519.
Court of Appeal, Fourth District, Division Two.
December 15, 2000.
Review Denied March 28, 2001.
*351 Edwards, Sooy & Byron and Michael M. Edwards, San Diego, for Objector and Appellant.
Thorsnes, Ba...
Views: 0
102 Cal.Rptr.2d 245 (2001)
85 Cal.App.4th 565
The PEOPLE, Plaintiff and Respondent,
v.
Robert Neal ANDERSON, Defendant and Appellant.
No. A087698.
Court of Appeal, First District, Division Two.
December 15, 2000.
Review Granted March 28, 2001.
*246 First District Appellate Project, Neoma Doris Kenwood, Berkeley, Attorney for Appellant.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assi...
Views: 0
Opinion
Devon Ray Andrade appeals his conviction by jury trial of arson of a structure with use of a device designed to accelerate a fire (Pen.
2
§§ 451, subd. (c), 451.1, subd. (a)(5)) (count 1); two counts of second degree burglary (§ 459) (counts 2, 8); two counts of possession of flammable or combustible material (§453, subd. (a)) (counts 3, 7); misdemeanor vandalism (§ 594...
Views: 0
102 Cal.Rptr.2d 109 (2000)
85 Cal.App.4th 591
In re ARLYNE A. et al., Persons Coming Under the Juvenile Court Law.
Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,
v.
Salvador A., Defendant and Appellant.
No. B136904.
Court of Appeal, Second District, Division One.
November 17, 2000.
Lori A. Fields, under appointment by the Court of Appeal, Los Angeles, for...
Views: 0
Page 591
Opinion In this juvenile dependency proceeding, Salvador A. claims the trial court lacked personal jurisdiction over him due to the Los Angeles *593County Department of Children and Family Services’ (Department) failure to exercise reasonable diligence in trying to locate him. With respect to appellant, we reverse the orders under review, to the extent they apply to appellant’s four biological chi...
Views: 0
*605
Opinion
In this case we hold that a municipality cannot invoke former Government Code section 21025.4 (hereafter Government Code section 21164)
1
to retire a police officer without her consent on an industrial disability pension under the Public Employees’ Retirement System (PERS) solely because her work-related condition is “permanent and stationary” when the off...
Views: 0
Opinion
Appellant Wanjiko Hardin was convicted by a jury of second degree murder of a victim over 60 years of age with personal use of a deadly weapon (Pen. Code, §§ 187, 1203.09, subd. (a), 12022, subd. (b)).
1
After admitting two prior convictions for drug-related felonies, defendant was sentenced to state prison for a total term of 17 years to life.
The Attorney General...
Views: 0
Opinion I. This petition follows a postconviction order by the trial court holding petitioner, the Public Defender of Alameda County (Public Defender), in contempt for refusing to return to the court defense copies of juror questionnaires prepared by the venire in the criminal prosecution of People v. Brown (Super. Ct. Alameda County, No. H-26122). 1 The eight-page questionnaires had ...
Views: 0
102 Cal.Rptr.2d 371 (2000)
85 Cal.App.4th 654
EQUILON ENTERPRISES, LLC, Plaintiff and Appellant,
v.
CONSUMER CAUSE, INC., Defendant and Respondent.
No. B130701.
Court of Appeal, Second District, Division Two.
December 18, 2000.
Review Granted April 11, 2001.
*373 McCutchen, Doyle, Brown & Enersen, Leslie G. Landau, Colleen P. Doyle, Deborah A. Nolan and Robert A. Brundage, San Francisco, for ...
Views: 3
102 Cal. Rptr. 2d 363 (2000)
85 Cal. App. 4th 667
The PEOPLE, Plaintiff and Respondent,
v.
Carlos CALLEJAS, Defendant and Appellant.
No. B131626.
Court of Appeal, Second District, Division Seven.
December 18, 2000.
*364 Jonathan B. Steiner, Richard Lennon, Los Angeles, and Barbara Gash, under appointments by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P...
Views: 0
102 Cal.Rptr.2d 392 (2000)
85 Cal.App.4th 679
WAREMART, INC., Plaintiff, Cross-defendant and Respondent,
v.
PROGRESSIVE CAMPAIGNS, INC., et al., Defendants, Cross-complainants and Appellants.
Waremart, Inc., Plaintiff, Cross-defendant and Respondent,
v.
Discovery Petition Management Co. et al., Defendants and Appellants;
National Political Consultants et al., Defendants, Cross-complainants and Ap...
Views: 0
Page 706
102 Cal.Rptr.2d 403 (2000)
85 Cal.App.4th 706
The PEOPLE, Plaintiff and Respondent,
v.
Phia LEE et al., Defendants and Appellants.
No. F028940.
Court of Appeal, Fifth District.
December 18, 2000.
As Modified on Denial of Rehearing January 17, 2001.
Review Granted March 28, 2001.
*407 A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant Phia Lee.
Stephen Greenberg, u...
Views: 0
Opinion
Defendant was convicted by a jury of burglary (count I; Pen. Code,
1
§ 459), assault with a deadly weapon (count II; § 245, subd. (a)), making terrorist threats (count IV; § 422) and two misdemeanor violations of battery (counts V & VI; § 242). By bench trial, the court found true the allegations that defendant had suffered a serious prior felony conviction, attempted r...
Views: 0
Opinion The Department of Motor Vehicles (DMV) suspended Stuart Fred Prase’s driver’s license following an administrative per se hearing. When Frase challenged the suspension in court, the DMV was unable to file the complete administrative record because it had lost a portion of the hearing—the testimony of Frase and his expert—and refused to bear the cost of reconstructing it. We affirm the ju...
Views: 0
Opinion The Orange County District Attorney seeks extraordinary relief from the trial court’s order sustaining Rodolfo Najera Blanquel’s demurrer to felony charges of Vehicle Code section 23152, subdivisions (a) and (b). (All further statutory references are to this code unless otherwise specified.) The information alleges that Blanquel’s offenses are felonies because he “was previously convicted ...
Views: 0
102 Cal.Rptr.2d 435 (2000)
85 Cal.App.4th 774
Ben PINEDO, Plaintiff and Respondent,
v.
PREMIUM TOBACCO STORES, INC., et al., Defendants and Appellants.
No. B138076.
Court of Appeal, Second District, Division Four.
December 19, 2000.
*436 Aiken, Kramer & Cummings, Matthew F. Graham, Oakland, and Tammy A. Brown, for Defendants and Appellants.
Danz & Gerber, Stephen F. Danz, Karl Gerber, She...
Views: 0
Page 793
102 Cal.Rptr.2d 447 (2000)
85 Cal.App.4th 793
In re Artis IVEY On Habeas Corpus.
No. B142777.
Court of Appeal, Second District, Division Five.
December 19, 2000.
*449 Leonard J. Meyberg, Jr., Los Angeles, for Petitioner.
No appearance on behalf of Respondent Superior Court.
No appearance on behalf of Real Party in Interest.
*448 GRIGNON, Acting P.J.
In a child custody and support proceeding, a fa...
Views: 0
102 Cal.Rptr.2d 457 (2000)
85 Cal.App.4th 807
RESTATE OF Regis SWETMANN, Deceased.
Margaret Corcoran, Petitioner and Respondent,
v.
George Cushing, Objector and Appellant.
Estate of Vera Swetmann, Deceased.
Margaret Corcoran, Petitioner and Respondent,
v.
George Cushing, Objector and Appellant.
No. A089985.
Court of Appeal, First District, Division Five.
December 20, 2000.
*458 Dario de Ghetaldi,...
Views: 0
Opinion In this case of first impression, we are called upon to interpret section 21350 of the Probate Code insofar as it restricts transfers to a fiduciary who “transcribes the instrument or causes it to be transcribed.” (Subd. (a)(4).) We then apply that interpretation to the will of Regis Swetmann, who left the residue of his estate to George Cushing (Cushing), his conservator (who also had, fo...
Views: 0
Page 824
102 Cal. Rptr. 2d 743 (2000)
85 Cal. App. 4th 824
Laraine KUEHN, Plaintiff and Appellant,
v.
Garrett KUEHN, Defendant and Respondent.
No. B131690.
Court of Appeal, Second District, Division Three.
December 20, 2000.
*745 Rick Edwards, Los Angeles, and Dominador Tolentino for Plaintiff and Appellant.
Wolfe & Wolfe and Bruce P. Wolfe, Van Nuys, for Defendant and Respondent.
*744 KLEIN, P.J.
Pla...
Views: 2
102 Cal.Rptr.2d 468 (2000)
85 Cal.App.4th 836
Gary MORGAN et al., Plaintiffs and Appellants,
v.
City of Los Angeles BOARD OF PENSION COMMISSIONERS, Defendant and Respondent;
City of Los Angeles, Real Party in Interest and Respondent.
No. B141831.
Court of Appeal, Second District, Division Two.
December 20, 2000.
Review Denied March 28, 2001.[*]
*469 Silver, Hadden, & Silver, Stephen H. Silver...
Views: 0
102 Cal.Rptr.2d 476 (2000)
85 Cal.App.4th 848
KYLE O., Plaintiff and Appellant,
v.
DONALD R. et al., Defendants and Respondents.
No. C030298.
Court of Appeal, Third District.
December 21, 2000.
*477 Julie E. Mumma, Sacramento, for Plaintiff and Appellant.
Eldridge & Eldridge, Richard A. Eldridge, MacKenzie & Brody, R.L. MacKenzie, Sacramento, for Defendants and Respondents.
Certified for ...
Views: 0
Opinion
Petitioners
1
are news media that disseminate news locally, regionally and nationally. On August 25, 2000, respondent superior court entered an order (the order) prohibiting Media or anyone from publishing any nontilized
2
images of the defendants in a pending criminal proceeding, regardless of the source from which Media obtained the images. Media’s petition...
Views: 0
Opinion
In this case we hold that Revenue and Taxation Code section 24410 violates the commerce clause of the United States Constitution.
The Franchise Tax Board of the State of California (Board) appeals from a judgment awarding a refund to Ceridian Corporation (Ceridian). The trial court ruled that the statute governing taxation of insurance company dividends paid to major corporat...
Views: 0
Opinion
In this breach of contract suit between two law firms and their attorneys, the plaintiffs have filed an appeal from the judgment entered in favor of defendants. Plaintiffs are Elyse R. Margolin and the law offices of Levin & Margolin (Margolin, or plaintiffs). Defendants are Joseph She-maria, Joseph Shemaria, a professional corporation, and the Law Offices of Joseph Shemaria (Shem...
Views: 0
102 Cal.Rptr.2d 622 (2000)
85 Cal.App.4th 905
The PEOPLE, Plaintiff and Respondent,
v.
George SCOTT, Defendant and Appellant.
No. B131005.
Court of Appeal, Second District, Division Three.
December 21, 2000.
Review Denied April 11, 2001.[*]
*624 Sharon L. Rhodes, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druliner, Ch...
Views: 0
Opinion Plaintiff, Richard D’Sa (plaintiff) appeals from a summary judgment entered in favor of defendants Playhut, Inc. and Worldtec Group International (Playhut, Worldtec, collectively defendants). 1 Plaintiff sued defendants for wrongful termination, alleging defendants violated public policy when they fired him because he refused to sign a “confidentiality agreement” that contained an ill...
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Opinion
On a summer day, as 16-year-old Dallas W. and four friends walked along a public street in Artesia, Dallas twice stopped to moon oncoming traffic.
1
Sean Warner, an employee of the City of Artesia, happened to be across the street. “[A]ngry and concerned for the safety of people in the street,” Warner called the police. When a deputy sheriff responded, Warner was quite ...
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102 Cal. Rptr. 2d 511 (2000)
85 Cal. App. 4th 941
In re NICHOLAS Y., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Nicholas Y., Defendant and Appellant.
No. B142520.
Court of Appeal, Second District, Division Four.
December 21, 2000.
Review Denied April 11, 2001.
*512 Gerald Peters, under appointment by the Court of Appeal, Encino, for Defendant and Appell...
Views: 0
102 Cal.Rptr.2d 514 (2000)
85 Cal.App.4th 946
In re FRANCISCO S., a Minor, on Habeas Corpus.
No. B144047.
Court of Appeal, Second District, Division One.
December 21, 2000.
*515 Michael P. Judge, Public Defender, Albert J. Menaster, Rudolfo Aguirre and Lisa R. Greer, Deputy Public Defenders, for Petitioner.
Gil Garcetti, District Attorney, George M. Palmer, Brent Riggs and Roberta Schwartz, Deput...
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Opinion At the primary election on June 2, 1998, the voters of Sacramento County approved Measure D and Measure E, both of which dealt with the arbitration of employment disputes between the County of Sacramento and nonsupervisory law enforcement representatives. Measure D passed by 58 percent of the vote, while Measure E passed by 53 percent of the vote. The difference between the initiatives is ...
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102 Cal. Rptr. 2d 637 (2000)
85 Cal. App. 4th 969
The PEOPLE, Plaintiff and Respondent,
v.
Tyrone Davis WALKER, Defendant and Appellant.
No. C032956.
Court of Appeal, Third District.
December 21, 2000.
Review Denied April 11, 2001.
*638 Gregory L. Cannon (under appointment by the Court of Appeal) San Diego, for Tyrone Davis Walker.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistan...
Views: 0
102 Cal.Rptr.2d 641 (2000)
85 Cal.App.4th 975
In re JOSEPH F., a Person Coming Under the Juvenile Court Law.
The People, Plaintiff and Respondent,
v.
Joseph F., Defendant and Appellant.
No. A086336.
Court of Appeal, First District, Division Five.
December 22, 2000.
As Modified January 12, 2001.
Review Denied April 11, 2001.[*]
*644 William M. Balin, under appointment by the Court of Appeal, Couns...
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Opinion
This case presents the question whether, in a guardianship proceeding, grandparents may be compelled to pay an indigent minor’s attorney’s fees and costs. Louis and Patricia E. (grandparents) were successful in their petition to be appointed guardian of their grandchild, who was represented by court-appointed private counsel. They appeal from an order requiring them to pay the gra...
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102 Cal. Rptr. 2d 343 (2000)
85 Cal. App. 4th 1004
Louis V. SCHOOLER, Plaintiff and Appellant,
v.
The STATE OF CALIFORNIA, Defendant and Respondent.
No. D034587.
Court of Appeal, Fourth District, Division One.
December 1, 2000.
*345 Law Offices of James B. Mehalick and James B. Mehalick, San Diego, for Plaintiff and Appellant.
Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant ...
Views: 0
102 Cal.Rptr.2d 657 (2000)
85 Cal.App.4th 1016
TOSCO CORPORATION, Plaintiff and Appellant,
v.
GENERAL INSURANCE COMPANY OF AMERICA, Defendant and Respondent.
Tosco Corporation, Plaintiff and Appellant,
v.
Commercial Union Insurance Co., Defendant and Respondent.
Tosco Corporation, Plaintiff and Appellant,
v.
Chicago Insurance Co., Defendant and Respondent.
Nos. A082765, A084044, A086154.
Court of...
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Opinion
Plaintiff Tosco Corporation (Tosco) brought this action against numerous insurers to establish insurance coverage for environmental *1018cleanup costs. The appeals now before us arise from summary judgments entered in favor of three insurers on the authority of A. C. Label Co. v. Transamerica Ins. Co. (1996) 48 Cal.App.4th 1188 [56 Cal.Rptr.2d 207] (A. C. Label), which held that a compre...
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102 Cal. Rptr. 2d 668 (2000)
85 Cal. App. 4th 1024
Jose SILVA et al., Plaintiffs and Appellants,
v.
UNION PACIFIC RAILROAD COMPANY, Defendant and Respondent.
No. A088552.
Court of Appeal, First District, Division Four.
December 28, 2000.
*669 Perry S. Dobson, Hayward, Counsel for Appellants.
Barry & Randolph, William C. Barry, Thomas A. Cregger, Michelle J. Drees, Sacramento, Counsel for Resp...
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Page 1032
Opinion Introduction Appellant Pierre Askmo appeals from an order granting respondent Hakima Askmo’s motion for spousal support and attorney’s fees. The order was entered while a prior appeal by appellant was pending. In that appeal, appellant challenged an order granting respondent’s motion for relief from a default judgment. We remanded the case with directions to reconsider the order. {In re Ma...
Views: 0
102 Cal. Rptr. 2d 673 (2000)
85 Cal. App. 4th 1042
WESTREC MARINA MANAGEMENT, INC., et al., Plaintiffs and Appellants,
v.
JARDINE INSURANCE BROKERS ORANGE COUNTY, INC., et al., Defendants and Appellants.
No. G023980.
Court of Appeal, Fourth District, Division Three.
December 28, 2000.
*674 Troop Steuber Pasich Reddick & Tobey, Mary K. Barnes, Lori M. Yankelevits and Kirk A. Pasich, Los Angele...
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Page 1053
102 Cal. Rptr. 2d 750 (2000)
85 Cal. App. 4th 1053
Dino TOMASSI et al., Plaintiffs and Respondents,
v.
Joseph SCARFF, as Administrator, etc., Defendant and Respondent;
Reliance Insurance Company, Movant and Appellant.
Giusepina Tomassi, Plaintiff and Respondent,
v.
Joseph Scarff, Individually and as Administrator, etc., et al., Defendants and Respondents;
Reliance Insurance Company, Movant and Ap...
Views: 0
Opinion
This case presents a novel issue arising from the intersection of the Death on the High Seas Act (DOHSA), 46 United States Code appendix section 761 et seq., and the California workers’ compensation law. The question is whether DOHSA preempts an employer’s state law claim in a subrogation action to recover from a third party tortfeasor sums the employer was obligated to pay for an...
Views: 2
102 Cal.Rptr.2d 684 (2000)
85 Cal.App.4th 1086
SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner,
v.
PUBLIC UTILITIES COMMISSION, Respondent.
No. B137693.
Court of Appeal, Second District, Division Three.
December 29, 2000.
*687 Ann P. Cohn and Bruce A. Reed, Munger, Tolles & Olson and Henry Weissmann, Los Angeles, for Petitioner Southern California Edison Company.
Roger J. Peters, Christopher J...
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Opinion
Gil Garcetti, District Attorney of Los Angeles County, petitions for a writ of mandate to overturn the superior court’s order sustaining a demurrer by Barry Meril Blake (Blake) to the People’s commitment petition under the Sexually Violent Predators Act (SVP Act) (Welf. & Inst. Code, § 6600 et seq.) and dismissing the commitment proceedings.1
A requisite to a commitment under the SVP Act ...
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*1129 Opinion The trial court sustained a demurrer to the complaint of the Reverend John P. Conley (appellant) without leave to amend. Appellant contends that the trial court erred in finding that the complaint presented an ecclesiastical dispute not within the jurisdiction of civil authority. We conclude that judicial review of appellant’s causes of action is permissible in light of the stro...
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Opinion
In Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117 [269 Cal.Rptr. 844], an appeal from a judgment entered on a class action settlement, Justice Benson, then a member of this court, began his opinion this way: “According to the parties, the appeals are about either collusion or fantasy. Appellants contend the [class action] settlements were the product of a collusive sellout between ...
Views: 0
102 Cal. Rptr. 2d 770 (2000)
85 Cal. App. 4th 1168
FRANKLIN & FRANKLIN et al., Plaintiffs and Appellants,
v.
7-ELEVEN OWNERS FOR FAIR FRANCHISING et al., Defendants and Respondents.
No. A085722.
Court of Appeal, First District, Division Four.
December 29, 2000.
*771 Anthony A. Ferrigno, Law Offices of Anthony A. Ferrigno, San Clemente, J. David Franklin, Franklin & Franklin, La Jolla, Cou...
Views: 0
103 Cal.Rptr.2d 75 (2000)
85 Cal.App.4th 1179
SPANISH SPEAKING CITIZENS' FOUNDATION, INC., et al., Plaintiffs and Respondents,
v.
Harry W. LOW, as Insurance Commissioner, etc., Defendant and Appellant;
State Farm Mutual Automobile Insurance Company et al., Interveners and Appellants.
Proposition 103 Enforcement Project, Plaintiff and Respondent,
v.
Harry W. Low, as Insurance Commissioner, etc., D...
Views: 0
102 Cal. Rptr. 2d 813 (2001)
85 Cal. App. 4th 1249
Greg DISTEFANO, Plaintiff and Appellant,
v.
John Glenn FORESTER, Defendant and Respondent.
No. D035333.
Court of Appeal, Fourth District, Division One.
January 2, 2001.
*815 The Traut Law Firm, James R. Traut and Eric V. Traut, Santa Ana, for Plaintiff and Appellant.
Horvitz & Levy, Barry R. Levy, Julie L. Woods, Encino; Brownwood & Rice ...
Views: 0
102 Cal. Rptr. 2d 711 (2001)
85 Cal. App. 4th 1279
6 ANGELS, INC., Plaintiff and Respondent,
v.
STUART-WRIGHT MORTGAGE, INC., et al., Defendants and Appellants.
No. B128163.
Court of Appeal, Second District, Division Four.
January 2, 2001.
*712 Burnett & Matthews, Michael W. Burnett and Arturo E. Matthews, Jr., Los Angeles, for Defendants and Appellants.
Law Offices of Jody D. Angel and Jody ...
Views: 1
Page 1289
102 Cal.Rptr.2d 604 (2001)
85 Cal.App.4th 1289
The PEOPLE, Plaintiff and Appellant,
v.
Robin Marie LIM, Defendant and Respondent.
No. C034940.
Court of Appeal, Third District.
December 19, 2000.
Rehearing Denied January 8, 2001.
Review Denied April 11, 2001.
*606 Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney Gene...
Views: 0
102 Cal. Rptr. 2d 834 (2001)
85 Cal. App. 4th 1300
GOLDEN EAGLE REFINERY COMPANY, INC., et al., Plaintiffs and Appellants,
v.
ASSOCIATED INTERNATIONAL INSURANCE COMPANY et al., Defendants and Respondents.
No. B132448.
Court of Appeal, Second District, Division 4
January 3, 2001.
Rehearing Denied February 2, 2001.
Review Denied April 11, 2001.
*836 Zevnik Horton Guibord McGovern Palmer & Fogna...
Views: 0
102 Cal. Rptr. 2d 872 (2001)
85 Cal. App. 4th 1321
BOARD OF EDUCATION of the Sacramento City Unified School District, Plaintiff and Appellant,
v.
SACRAMENTO COUNTY BOARD OF EDUCATION, Defendant and Respondent;
Kenneth H., a Minor, Real Party in Interest and Respondent.
No. C034268.
Court of Appeal, Third District.
January 5, 2001.
*873 Law Offices of Hamilton & Young, Spector, Middleton &...
Views: 0
Opinion
This case requires us to interpret provisions of the Roberti-Roos Assault Weapons Control Act of 1989 (Pen. Code, §§ 12275-12290) (the AWCA or Act),
1
which have not heretofore been judicially construed. The questions presented are whether, under that Act, a licensed gun dealer can acquire, possess and sell unregistered assault weapons and whether he may hold assault we...
Views: 0
102 Cal. Rptr. 2d 864 (2001)
85 Cal. App. 4th 1356
PAUL FOR COUNCIL, Plaintiff and Appellant,
v.
Ricki HANYECZ et al., Defendants and Respondents.
No. B140077.
Court of Appeal, Second District, Division Three.
January 5, 2001.
*866 William J. Cleary, Jr., Los Angeles; Paul M. Christiansen, for Plaintiff and Appellant.
Reed & Davidson, Dana W. Reed and Bradley W. Hertz, for Defendants and Resp...
Views: 2
102 Cal.Rptr.2d 880 (2001)
85 Cal.App.4th 1369
George W. ECKERT, et al., Plaintiffs and Appellants,
v.
BAY AREA CELLULAR TELEPHONE COMPANY, Defendant and Respondent.
No. A085000.
Court of Appeal, First District, Division Four.
January 8, 2001.
Ordered Not Officially Published May 16, 2001.[*]
*881 Arthur D. Levy, Levy, Ram & Olson LLP, Wayne Lewis Lesser, San Francisco, for Appellants.
Keker ...
Views: 0
Page 1380
102 Cal.Rptr.2d 887 (2001)
85 Cal.App.4th 1380
The PEOPLE, Plaintiff and Respondent,
v.
Johnny Lee HOWZE, Defendant and Appellant.
No. B134049.
Court of Appeal, Second District, Division Five.
January 8, 2001.
As Modified on Denial of Rehearing January 30, 2001.
Review Denied April 25, 2001.[**]
*889 William L. Heyman, under appointment by the Court of Appeal, Thousand Oaks, for Defendant and App...
Views: 0
Opinion
Code of Civil Procedure
1
section 425.16 is California’s antiSLAPP suit (strategic lawsuits against public participation) statute (hereafter referred to as section 425.16 or the anti-SLAPP statute).
2
The anti-SLAPP statute was specifically enacted to provide both a summary disposition and attorney fees and costs to defendants in such actions.
3
...
Views: 1
102 Cal. Rptr. 2d 804 (2001)
85 Cal. App. 4th 1435
Peter BULLOCK et al., Plaintiffs and Appellants,
v.
MARYLAND CASUALTY COMPANY, Defendant and Respondent.
Peter Bullock et al., Plaintiffs and Appellants,
v.
American Guaranty & Liability Insurance Company et al., Defendants and Respondents.
Peter Bullock et al., Plaintiffs and Appellants,
v.
Fireman's Fund Insurance Company, Defendant and Res...
Views: 0
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