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| People v. Avery, No. S092426.,
SUPREME COURT OF CALIFORNIA, January 17, 2002, Decided
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Overview: Intent to take property for so extended a period as to deprive owner of major portion of its value or enjoyment satisfied the common law, and thus the California intent requirement for theft.
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| People v. Bussel, No. BR41234,
APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY, January 17, 2002, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction for vehicular manslaughter, where defendant did not come to complete stop at stop sign, but rolled through the stop and struck a pedestrian, who died from the injuries.
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| Wright v. Beverly Fabrics, No. F035445.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 17, 2002, Decided
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Overview: A negligence suit was barred by the workers' compensation law exclusive remedy clause because the employee's actions were taken in furtherance of her employer's business and were reasonably expected by her employer even though it was her day off.
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| Hart v. Avetoom, Nos. G025656, G025694.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 18, 2002, Decided
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Overview: In a motion for sanctions, papers to be served on opposing party were to be the same papers which were to be filed with court no less than 30 days later. Where sanctions motion filed was not same one served, court erred in entering sanctions.
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| In re Rosenkrantz, B151016,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 18, 2002, Filed
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Overview: Superior court, which granted prisoner's amended petition for habeas corpus, had jurisdiction to review California Governor's decision reversing parole board's finding that the prisoner was suitable for parole.
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| People v. Alvarez, No. F036164.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 18, 2002, Decided
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Overview: The trial court erred in finding that defendant was presumptively disqualified from probation because he aided an accomplice's use of a deadly weapon because the statute required personal use of a deadly weapon.
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| In re Kelly W., No. B147033.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 22, 2002, Decided
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Overview: Judgment that juvenile gave false information to police officer was reversed where juvenile had given his father's surname as his surname, although name on birth certificate was hyphenated combination of his mother's and father's surnames.
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| People v. Dyer, No. B147909.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 22, 2002, Decided
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Overview: Defendant was properly committed as a mentally disordered offender; defendant's act of cutting a dog's throat with a knife was a violent offense.
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| People v. Norris, No. B149731.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 22, 2002, Decided
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Overview: California statute allowing for acquittal did not apply to recidivist allegations. Sentence enhancement for prior prison term was based on accused's status as recidivist; accused could not be "acquitted" of that status.
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| Thomas v. Gilliland, No. B146508.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 22, 2002, Decided
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Overview: In a medical malpractice action, the statute of limitations could not be stretched beyond its statutory term to allow a refiling of the action after it was voluntarily dismissed.
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