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State Courts -
California - January 14, 2008
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Booth v. Santa Barbara Biplanes, LLC, No. B193417,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 14, 2008, Filed
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Overview: A release and waiver of liability signed by plaintiffs, who had gone on an aerial sightseeing tour and were injured, was a special contract within the meaning of Civ. Code, ? 2174. Plaintiffs' cause of action against the touring company that owned the plane and provided the sightseeing tour was barred by the release.
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CDF Firefighters v. Maldonado, F049638,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 14, 2008, Filed
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Overview: A union was not entitled to summary judgment on its claim that two former members breached a contractual obligation by failing to pay fines because there was triable issue as to the amount and reasonableness of the $ 22,000 fines, and the superior court, contrary to its finding, could independently review the amount and reasonableness.
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Coastside Fishing Club v. California Resources Agency, A116026,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 14, 2008, Filed
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Overview: Because the delegation of authority to the California Department of Fish and Game in the Marine Life Protection Act, Fish & G. Code, ? 2850 et seq., adequately constrained discretionary acts, accepting funds from a private organization for marine protection did not violate the doctrine of separation of powers in Cal. Const., art. III, ? 3.
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De Bruyn v. Superior Court, B198622,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 14, 2008, Filed
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Overview: Under Ins. Code, ? 530, and efficient proximate cause doctrine, mold coverage from a toilet overflow could be excluded because water damage exclusion explicitly stated that while policy covered losses caused by water damage from sudden and accidental water discharge, it never, under any circumstances, covered mold, even if from that specific peril.
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Heritage Provider Network, Inc. v. Superior Court, B201298,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 14, 2008, Filed
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Overview: Because overlapping issues existed in a controversy between an independent practice association (IPA) and its physicians that was ordered to arbitration, as well as claims between the IPA and a provider network, a trial court erred in denying the provider network's motion for a stay of the litigation pursuant to Code Civ. Proc., ? 1281.4.
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McLeod v. Vista Unified School Dist., D050449,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 14, 2008, Filed
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Overview: A taxpayer waste action under Ed. Code, ? 15284, subd. (e), and Code Civ. Proc., ? 526a, was properly dismissed on the ground of untimeliness because the 60-day limitations period of the validation statutes applied, pursuant to Code Civ. Proc., ?? 860, 863, and the action was not filed within that period.
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