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All Reporters → cal-rptr-2d → Volume 102
Opinions in cal-rptr-2d Volume 102
102 Cal.Rptr.2d 1 (2000)
84 Cal.App.4th 819
VILLA MILANO HOMEOWNERS ASSOCIATION, Plaintiff and Respondent,
v.
IL DAVORGE, Defendant and Appellant.
No. G023526.
Court of Appeal, Fourth District, Division Three.
November 6, 2000.
As Modified on Denial of Rehearing November 27, 2000.
Review Denied February 21, 2001.
*2 Cooksey, Howard, Martin & Toolen, Thomas F. Zimmerman, Costa Mesa, and Wilson...
Views: 2
Opinion
In this case of first impression, we decide whether a developer can use a declaration of covenants, conditions and restrictions (CC&R’s) containing a binding arbitration clause as a device to preclude homeowners, and the homeowners association of which they are members, from pursuing an action for construction or design defect damages in a court of law. When homeowners purchase property s...
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 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
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
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 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
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
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 97 (2000)
24 Cal. 4th 676
13 P.3d 704
Glenn Russell BARNER, Plaintiff and Appellant,
v.
Julie LEEDS, Defendant and Respondent.
No. S070377.
Supreme Court of California.
December 18, 2000.
*98 Cicconi, Iglesias & Cicconi, Drew Allan Cicconi; Cormicle and Belter and Bruce Cormicle, Santa Monica, for Plaintiff and Appellant.
Lloyd W. Pellman, County Counsel, Louis V. Aguilar, A...
Views: 2
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
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
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
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
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
*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 157
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
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
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
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
Page 196
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
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
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 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
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
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
102 Cal.Rptr.2d 280 (2000)
24 Cal.4th 693
13 P.3d 1122
EAST BAY ASIAN LOCAL DEVELOPMENT CORPORATION et al., Plaintiffs and Respondents,
v.
The STATE of California, Defendant and Appellant.
No. S077396.
Supreme Court of California.
December 21, 2000.
*283 Daniel E. Lungren and Bill Lockyer, Attorneys General, Roderick E. Walston and Richard M. Frank, Chief Assistant Attorneys General, Carole R. Ko...
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
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 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 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 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
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 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 403
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 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
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
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 447
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
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
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 ...
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...
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 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...
Views: 0
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 ...
Views: 0
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...
Views: 0
102 Cal.Rptr.2d 533 (2000)
24 Cal.4th 767
14 P.3d 207
The PEOPLE, Plaintiff and Respondent,
v.
Robert TINDALL, Defendant and Appellant.
No. S080078.
Supreme Court of California.
December 28, 2000.
*534 Barry J. Post, San Pedro, and Edward H. Schulman, Los Angeles, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Polla...
Views: 1
102 Cal. Rptr. 2d 548 (2000)
24 Cal. 4th 756
14 P.3d 221
The PEOPLE, Plaintiff and Respondent,
v.
Thuan Van NGUYEN et al., Defendants and Appellants.
No. S075300.
Supreme Court of California.
December 28, 2000.
As Modified January 17, 2001.
*549 Corinne S. Shulman, under appointment by the Supreme Court, Hydesville, for Defendant and Appellant Thuan Van Nguyen.
Leslie C. Greenbaum, under appointm...
Views: 0
102 Cal. Rptr. 2d 555 (2001)
24 Cal. 4th 789
14 P.3d 227
The PEOPLE, Plaintiff and Respondent,
v.
Mary Lucia MAZURETTE, Defendant and Appellant.
No. S081661.
Supreme Court of California.
January 4, 2001.
*556 Jonathan B. Steiner and Cheryl Lutz, under appointments by the Supreme Court, and Thomas F. Coleman, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.
Bill ...
Views: 1
102 Cal.Rptr.2d 562 (2001)
24 Cal.4th 800
14 P.3d 234
CHARLES J. VACANTI, M.D., INC., et al., Plaintiffs and Appellants,
v.
STATE COMPENSATION INSURANCE FUND et al., Defendants and Respondents.
No. S071945.
Supreme Court of California.
January 4, 2001.
*569 Howrey & Simon, Howrey Simon Arnold & White, John E. McDermott, Philip G. Grant and Keri R. Curtis, Los Angeles, for Plaintiffs and A...
Views: 4
*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
Page 604
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
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
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
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...
Views: 1
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...
Views: 0
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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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...
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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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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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*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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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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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 ...
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Opinion
We granted review to decide whether a city ordinance imposing an inspection fee on private landlords violates article XIII D of the California Constitution (article XIII D), added by initiative measure, Proposition 218, in 1996. We conclude that it does not.
In July 1998, the City of Los Angeles put into effect the Los Angeles Housing Code. It is codified as article 1 of chapter XVI of th...
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Opinion Under subdivision (b) of Penal Code section 1202.4,1 a trial court must impose “a separate and additional restitution fine” as part of the judgment of conviction entered against a criminal defendant, “unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.” If the “sentence includes a period of parole,” then the court must also impose ...
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Opinion
In 1977, plaintiffs Douglas and Jill Sutherland bought the Barracks Mall in downtown Fort Bragg, a two-story commercial and residential building that occupies the lot on which it is situated, up to the perimeter of the property line. At that time and continuing to 1997, the lot adjoining Barracks Mall to the south, owned by David Codling (Codling), was vacant. Owing to that fact, ...
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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...
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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...
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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 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...
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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 ...
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Opinion This is an appeal by the People from the decision of the trial court dismissing the action below after granting defendant’s motion made pursuant to Penal Code section 1538.5. 1 Applying the recent case of Florida v. J.L. (2000) 529 U.S. 266 [120 S.Ct. 1375, 146 L.Ed.2d 254] (Florida v. J.L), the trial court ruled that the detention and patsearch of an individual identified by ...
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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
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 ...
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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...
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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...
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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...
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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 &...
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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 ...
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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...
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Opinion
This case arises from the action of Michael Botsford, principal of A.E. Wright Middle School (the middle school), in changing citizenship
*4
marks on the report cards of three students from the marks given them by their teacher, James Ferris. The trial court issued a preliminary injunction requiring appellants to reinstate the original marks given by Ferris pending th...
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Opinion
Does a sheriff have authority to administratively restrict a deputy’s peace officer powers to arrest and to carry a concealed firearm off
*339
duty, when the deputy has shown he may present a danger to the public if he is allowed to exercise those powers? We conclude a sheriff does have such authority.
However, we also conclude that a deputy has a right to admini...
Views: 0
102 Cal. Rptr. 2d 921 (2001)
86 Cal. App. 4th 353
The PEOPLE, Plaintiff and Respondent,
v.
James PERACCHI, Defendant and Appellant.
No. F031202.
Court of Appeal, Fifth District.
January 17, 2001.
Rehearing Denied February 6, 2001.
Review Denied May 2, 2001.
*922 Victor Blumenkrantz, Berkeley, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Da...
Views: 0
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