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| Fairmont Ins. Co. v. Superior Court, No. S074581.,
SUPREME COURT OF CALIFORNIA, January 27, 2000, Decided
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Overview: In the case of a remand for new trial after reversal of a judgment on appeal, discovery was reopened as a matter of right, and last date for completing discovery was to be 15 days before date initially set for the new trial.
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| In re Jose H., No. H019568.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 27, 2000, Decided
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Overview: Disposition order reversed because court lacked authority to commit appellant to county jail. Assault with force likely to produce great bodily injury was not a lesser included offense of battery with serious bodily injury.
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| Korean Phila. Presbyterian Church v. Cal. Presbytery, No. B134338.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 27, 2000, Decided
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Overview: Preliminary injunction was reversed, where injunction was overbroad, and many of the issues in the case were not properly justiciable because of their religious nature, unripeness, or absence of a party with standing.
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| People v. Acuna, No. B131760.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 27, 2000, Decided
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Overview: Defendant was not subjected to an ex post facto law in denying his motion to expunge sentence, nor did the application of the amendment violate equal protection, due process, or the benefit of his plea bargain.
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| People v. Am. Sur. Ins. Co., No. B133111.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 27, 2000, Decided
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Overview: The order denying a surety's motion to vacate the bond forfeiture was reversed because it could not lawfully surrender criminal defendant to obtain exoneration of the bond after he was deported; he was detained by operation of federal law.
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| People v. Hoover, No. E020011.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 27, 2000, Decided
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Overview: In domestic violence case, proper standard for proving past conduct was by preponderance of evidence, not beyond reasonable doubt; thus, evidence of defendant's past conduct was sufficiently established by victim's testimony.
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| People v. Madrigal, No. B129746.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 27, 2000, Decided
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Overview: Appellant never attempted to inform the probation office of his whereabouts, used fictitious names, and a subsequent sentence was not in prison; thus, he was not guaranteed concurrent sentences for federal and state offenses.
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| People v. Zaragoza, B128936,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 27, 2000, Filed
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Overview: Defendant was entitled only to 15 percent of the time actually served even when the trial court stayed his sentence for second-degree murder; thus, the court modified the judgment and granted him only 33 days of conduct credit.
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