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State Courts -
California - January 11 - January 12, 2006
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Monterroso v. Moran, B182553,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 11, 2006, Filed
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Overview: Trial court's order entering a mutual restraining order enjoining wife and her husband from committing specific acts of abuse against one another was reversed because it failed to make detailed findings, as required by Fam. Code, ? 6305, that both parties acted primarily as aggressors and neither acted primarily in self-defense in a past incident.
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People v. Fulcher, E036773,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 11, 2006, Filed
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Overview: Evidence that was obtained for a proceeding in which defendant was found to be a sexually violent predator was admissible under Welf. & Inst. Code, ? 6600, subd. (a)(3), because it was for purposes of establishing that his prior conviction for committing lewd acts upon a child under age 14 involved force, duress, and substantial sexual conduct.
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Strebel v. Brenlar Investments, Inc., A104681,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 11, 2006, Filed
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Overview: In an action arising from a premature sale of real property, induced by a real estate agent's statements regarding a potential purchase property, a reasonable measure of damages under Civ. Code, ?? 1709, 3333, was the amount by which the value of the prematurely sold property appreciated after the fraudulently induced sale.
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In re Tate, F047529,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 12, 2006, Filed
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Overview: Trial court's order was correct to the extent it ordered the Department of Corrections to apply Pen. Code, ? 2933, to inmate's conviction for nonviolent in-prison offense. Although Pen. Code, ? 2933.1, subd. (a), applied to a prisoner's entire sentence, it only did so to the extent the prisoner was serving time for a violent offense.
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