California, February, 2002, State Case law

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State Courts - California - February 27, 2002

Costco Cos. v. Gallant, No. D035997., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 27, 2002, Decided
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Overview: Court erred by invalidating store's restriction of speech activity on 34 of its busiest days, as restriction was content neutral and left more than 300 other days for expressive activity to occur on premises.

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Hard v. Cal. State Employees Ass'n, No. C038203., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2002, Decided
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Overview: Petition directing employees association to give effect to a vote approving the incorporation of a division as an affiliate was affirmed when the restrictions on incorporation votes were contrary to the provisions of the bylaws.

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In re Raphael P., A095206, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, February 27, 2002, Filed
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Overview: Court, in a dependency proceeding, properly rebutted man's claim of paternity, where genetic testing showed that he was not child's biological father.

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Jakubowsky v. MCI Telecommunications Corp., C035906, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2002, Filed
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Overview: Trial court erred in granting party relief from judgment pursuant to mandatory attorney fault provision of statute, where party failed to comply with requirement that the application for relief be accompanied by a copy of the proposed pleading.

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Kahn v. East Side Union High School Dist., H021239, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 27, 2002, Filed
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Overview: A school district was not liable for injuries to a student athlete, who assumed the risks of diving.

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People v. Hearn, F034832, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 27, 2002, Filed
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People v. Montes, C036904, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2002, Filed
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Overview: Street gang enhancement did not apply, as defendant was already sentenced to imprisonment for 25 years to life due to the firearm and great bodily injury enhancements on his attempted murder conviction.

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Schoendorf v. U.D. Registry, No. B146918., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 27, 2002, Decided
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Overview: A credit report agency sued by a consumer could not strike the complaint as a SLAPP suit; the agency should have corrected misleading and incomplete information in consumer's report.

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Tracy Educators Ass'n v. Superior Court, No. C039251., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2002, Decided
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Overview: Appellate court issued a peremptory writ of mandate issue directing superior court to issue writ of mandate compelling school district to grant a teacher's request for a half-time leave of absence.

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Young v. Gannon, No. B146236., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 27, 2002, Decided
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Overview: A workers' compensation judge who engaged in inappropriate conduct toward two female attorneys who appeared before him was properly dismissed from his position.

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