California, March, 2002, State Case law

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State Courts - California - March 13 - March 14, 2002

Lujan v. S. Cal. Gas Co., No. B148811., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 13, 2002, Decided
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Overview: An employer's compensation program fell under a special exemption to the state's overtime pay laws because it was covered by a collective bargaining agreement.

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Chen v. County of Orange, G027307, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 14, 2002, Filed
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El Dorado Palm Springs v. City of Palm Springs, No. E029198., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 14, 2002, Decided
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Overview: Upon landowner's application to subdivide units within a mobile home park, local government only had power to determine if the applicant complied with statutory requirements; it had no power to impose mitigating conditions on the applicant.

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Fine v. Superior Court, No. B153382., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 14, 2002, Decided
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Overview: A stipulation appointing commissioner in a class action suit had the authority cite an attorney for contempt for making unsupported allegations against the commissioner in a disqualification statement.

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Flanagan v. Flanagan, No. S085594., SUPREME COURT OF CALIFORNIA, March 14, 2002, Decided
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Overview: On review of a claim filed under the California Invasion of Privacy Act, a conversation was deemed confidential if a party to that conversation had an objectively reasonable expectation that the conversation was not being overheard or recorded.

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In re Sanger, S009038, SUPREME COURT OF CALIFORNIA, March 14, 2002, Filed
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Overview: Attorney's failure to respond to order to show cause for failing to file a timely opening brief on defendant's appeal, when the attorney had the ability to comply with the order and ruling, was willful contempt.

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Migliore v. Mid-Century Ins. Co., Nos. B132150, B133182., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 14, 2002, Decided
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Overview: Suit limitation in insurance policy barred insured's claim as subsequent letters from insurer denying her claim did not toll the running of provision; statute that revived claims for homes damaged by earthquake did not apply to aftershock damages.

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People v. Chenze, No. G027398., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 14, 2002, Decided
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Overview: Where a statute was amended to make battery on a custodial officer a misdemeanor, and if injury was inflicted, it might be sentenced as a felony, another statue, which made battery on a custodial office a felony, was not impliedly repealed.

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People v. Fisher, No. C036014., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 14, 2002, Decided
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Overview: Police officers were not required to abandon a search of defendant's home for marijuana authorized by search warrant when defendant produced document purporting to be physician's permission to possess the marijuana legally.

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Richter v. Aetna Life Ins. & Annuity Co., No. B154298., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 14, 2002, Decided
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