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| Bialo v. W. Mut. Ins. Co., No. B146336.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 9, 2002, Decided
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Overview: A newly-enacted statutory provision extended the limitations period for insurance policy claims arising from the 1994 Northridge, California earthquake.
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| Chambi v. Regents of the Univ. of Cal., No. G024554.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 9, 2002, Decided
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Overview: Where a doctor's employer was not an insurer and its indemnification of the doctor was not insurance, the employer had no duty to obtain the doctor's consent before settling a medical malpractice action against the doctor.
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| City of Oakland v. Public Employees' Ret. Sys., No. C035486.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 9, 2002, Decided
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Overview: It was inappropriate to import "mistake" statute of limitations into an administrative reclassification proceeding. No statute of limitations barred employees' claim to be reclassified for higher pension benefits.
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| Freeze v. Lost Isle Partners, No. A093146, No. A093390.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 9, 2002, Decided
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Overview: Right to seek alternative relief under general maritime law was separate from whether claimant was seaman under Jones Act. Regardless of right to relief under any statute, trial court should have instructed jury on unseaworthiness claim.
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| Kirkland v. Superior Court, No. B152121.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 9, 2002, Decided
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Overview: There was no confidentiality or privacy in documents or transcripts relating to testimony before SEC. It was not unduly burdensome to require witnesses in SEC investigations to obtain and produce copies of their own testimony and documents.
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| People v. Hammer, D037349,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 9, 2002, Filed
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Overview: Defendant's sentence was improper where he should have been sentenced under Three Strikes law instead of One Strike law for molesting his daughter; failure of trial court to sentence defendant under proper law rendered sentence unauthorized.
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| Smith v. Hopland Band of Pomo Indians, No. A093277.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 9, 2002, Decided
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Overview: By entering into a contract with an architect to provide planning and architectural services related to development of Indian land, an Indian Tribe waived its sovereign immunity.
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| Truck Ins. Exch. v. County of L.A., No. B134182.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 9, 2002, Decided
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Overview: Summary judgment against insurer, seeking equitable subrogation for defense costs, was improper where county, an additional insured under policy, was not insured against own negligence, and insurer was not precluded from subrogation.
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| Villafuerte v. Inter-Con Security Systems, Inc., No. BV23235,
APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, January 9, 2002, Decided
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Overview: In a dispute over wages, there was no evidence to show the employee ever received or negotiated his paycheck.
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