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| Bii Fin. Co. v. U-States Forwarding Servs. Corp., No. B145204.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 10, 2002, Decided
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Overview: Carrier, who delivered goods without requiring purchaser to surrender original bills of lading, was liable to holder of the original bill of lading. Acceptance of partial payment to mitigate damages did not operate as accord and satisfaction.
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| Del Real v. City of Riverside, No. E029238.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 10, 2002, Decided
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Overview: Injured party's notice to city of claims was insufficient where it was devoid of any description of injury or loss allegedly suffered, failed to indicate that anyone involved in accident was a public employee, and failed to state amount claimed.
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| Friends of the Santa Clara River v. Castaic Lake Water Agency, No. B145283.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 10, 2002, Decided
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Overview: Where an environmental impact report (EIR) was prepared by tiering based on a certified EIR, the tiered report was found defective where the master EIR was later decertified.
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| People v. Bunn, No. S086128.,
SUPREME COURT OF CALIFORNIA, January 10, 2002, Decided
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Overview: A legislative enactment that extended the period for filing a criminal complaint could not be applied retroactively to subvert judgments that became final before the provision took effect and before the law of finality changed.
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| People v. King, No. S085942.,
SUPREME COURT OF CALIFORNIA, January 10, 2002, Decided
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Overview: Where application of later-adopted refiling provisions retroactively reopened case and divested judgment of finality under law in existence at time of judgment there was separation of powers violation. Refiling case was constitutionally invalid.
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| Schubert v. Reynolds, No. G026327.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 10, 2002, Decided
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Overview: Trustee's attempt to change beneficiary designation of trust from that provided in decedent's will or laws of intestate succession was deemed invalid where it violated provisions of applicable probate statute.
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| Stermer v. Bd. of Dental Examiners, No. B146870.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 10, 2002, Decided
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Overview: Absent extraordinary circumstances, a licensee, like a dentist, who stipulated to a disciplinary order with a licensing agency motivated by existence of a criminal conviction, could not avoid that order because the conviction was later vacated.
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| White v. Contreras, B150383,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 10, 2002, Filed
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Overview: In a suit arising out of a child falling out of an apartment window, triable issues of fact existed as to whether the landlord negligently performed an undertaking to repair the window screen in the apartment.
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