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   State Courts - California - December 1 - December 2, 1999

  
Butts v. Sands, B125488, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, December 1, 1999, Filed
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Overview: Discipline statute had to be read to require that foreign discipline of architect providing basis for California discipline be predicated on conduct that occurred and discipline imposed after effective date of statute.

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People v. Eck, No. B119634., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 1, 1999, Decided
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Overview: A trial court erred in imposing multiple punishments for inflicting great bodily injury, where the lesser punishment was subsumed by the greater, and the law barred multiple punishment for the same act.

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Barnhart v. Cabrillo Cmty. College, No. H019287., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 2, 1999, Decided
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Overview: In action for personal injuries against community college suffered in automobile accident, where plaintiffs were on field trip or excursion, regulation providing immunity to college applied.

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Broughton v. Cigna Healthplans, No. S072583., SUPREME COURT OF CALIFORNIA, December 2, 1999, Decided
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Overview: In a medical malpractice case brought under the Consumer Legal Remedies Acts, plaintiffs' action for damages was amenable to arbitration, but plaintiffs' action for injunctive relief was not.

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Dep't of Corr. v. Workers' Comp. Appeals Bd., No. B132931., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 2, 1999, Decided
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Overview: In workers' compensation case, Workers' Compensation Appeals Board applied an incorrect threshold for compensability regarding whether respondent correctional officer had suffered work-related psychiatric injury.

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Farmers Ins. Exch. v. Hurley, No. E023510., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 2, 1999, Decided
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Overview: Statute's plain language required appellant to obtain actual payment of the rental company's full liability limits before she could recover underinsurance benefits from her own insurer.

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Montclair Parkowners Ass'n v. City of Montclair, No. E024137., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 2, 1999, Decided
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Overview: Ordinance was not unconstitutional regulatory taking, as government had legitimate interest in protecting current mobile homeowners' equity in their homes and protecting prospective mobile homeowners from excessive rents.

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Office of Statewide Health Planning & Dev. v. Musick, No. B115869., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 2, 1999, Decided
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Overview: Appellant, as special representative of bankruptcy estate, had standing to pursue the bankruptcy estate's claims against attorneys for legal malpractice.

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PEOPLE v. EWING, D031878, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 2, 1999, Filed
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People v. Oiknine, No. B127577., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, December 2, 1999, Decided
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Overview: Dismissal with prejudice of five counts from the original complaint, which were incorporated into the superseding indictment, was proper and satisfied requirements of the Interstate Agreement on Detainers.

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