California, March, 2002, State Case law

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State Courts - California - March 8 - March 12, 2002

Am. Airlines v. Sheppard, No. B123313., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 8, 2002, Decided
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Overview: Law firm and its attorney breached fiduciary duty to their client when attorney served as third party's designated deposition witness; client spent $ 8,174 in attorney fees to prevent attorney from serving as deposition witness.

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City of Chino v. Jackson, No. E028198., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 8, 2002, Decided
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Overview: In construction litigation, a developer's release from breach of contract liability did not excuse her obligation to indemnify her insured.

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Kimberly R. v. Superior Court, No. D039117., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 8, 2002, Decided
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Overview: A single instance of mother failing to pick up minor child from day care did not pose a substantial risk of harm to minor and therefore was not substantial evidence supporting removal of the child from mother's custody.

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Patel v. City of Gilroy, No. H021888., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 8, 2002, Decided
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Overview: In a taxpayer's appeal of an assessment, the City of Gilroy, California's Transient Occupancy Tax ordinance withstood vagueness challenges.

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People v. Flores, B148379, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 8, 2002, Filed
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Overview: Appellate court remanded for hearing to determine defendant's ability to pay costs of his court-appointed counsel, where trial court failed within six months of conclusion of trial proceedings to give notice and conduct such a hearing.

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Winter v. City of L.A., No. B148898., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 8, 2002, Decided
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Overview: Police officer's probationary period was not extended by his placement on inactive duty, therefore he was no longer a probationary employee when he was terminated, and therefore he was a tenured officer entitled to a board of rights hearing.

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People v. Mancebo, No. S086481., SUPREME COURT OF CALIFORNIA, March 11, 2002, Decided
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Overview: Defendant convicted of multiple instances of sexual assault was not subject to gun use sentencing enhancement; People already used fact that defendant committed offenses with gun to impose indeterminate terms under One Strike law.

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Estate of Ford, A094755, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 12, 2002, Filed
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Padres Hacia Una Vida Mejor v. Davis, Nos. F036205, F037576, F037832, No. F037828., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 12, 2002, Decided
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Overview: California law required the Governor to convene an administrative appeal board to review a county's approval of the conditional use permit concerning a hazardous waste project.

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People v. Moore, No. C036773., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 12, 2002, Decided
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Overview: In a murder trial, the court did not err in refusing a request to instruct on the defense of mental disease, defendant elicited no expert testimony that he suffered from a mental disease, defect, or disorder at the time of the offense.

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