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State Courts -
California - January 15, 2008
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In re Marriage of James & Christine C., G037159,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 15, 2008, Filed
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Overview: In a marital dissolution proceeding, a continuance should have been granted as a reasonable accommodation under Cal. Rules of Court, rule 1.100, and the ADA because it was undisputed that the wife, who suffered from bipolar disorder, was disabled, had been hospitalized on the day before trial was to resume, and was representing herself.
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Murray's Iron Works, Inc. v. Boyce, H030146,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 15, 2008, Filed
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Overview: Where parties' agreement called for a payment of net due under the contract upon satisfactory completion of project, there was no evidence owner wrongfully withheld a progress payment from contractor; thus, a trial court erred in instructing jury regarding two percent penalty under Civ. Code, ? 3260.1, and in awarding attorney fees under ? 3260.1.
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People v. Martinez, G038150,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 15, 2008, Filed
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Overview: In a case in which a jury convicted defendant of second degree robbery and street terrorism and found true pursuant to Pen. Code, ? 186.22, subd. (b)(1), the allegation that the robbery was committed for the benefit of a criminal street gang, there was sufficient evidence to show defendant was an active gang member.
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Puerto v. Superior Court, B199631,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 15, 2008, Filed
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Overview: In a suit alleging wage and hour violations, it was error to restrict discovery of potential witnesses' addresses and telephone numbers by requiring an opt-in notification system; such information was within the scope of proper discovery and would not significantly intrude upon potential witnesses' right to privacy under Cal. Const., art. I, ? 1.
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