California, March, 2002, State Case law

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State Courts - California - March 15 - March 19, 2002

In re Perris City News, No. E029653., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 15, 2002, Decided
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Overview: The California Court of Appeal had appellate jurisdiction over appeals from judgments resolving general-circulation newspaper petitions.

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Trabuco Highlands Cmty. Ass'n v. Head, No. G027697., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 15, 2002, Decided
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Overview: Upon confirming an arbitration award, the trial court erred by abdicating its function to determine whether the arbitrator exceeded his powers by issuing a binding award after the parties agreed only to nonbinding arbitration.

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McKinney v. California Portland Cement Co., No. A091958, No. A092102., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, March 18, 2002, Decided
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Overview: In asbestos litigation, the reviewing court rejected the manufacturers' invitation to reconstruct the collateral source rule in a way that would reduce decedent's damages.

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Norwest Mortgage, Inc. v. State Farm Fire & Casualty Co., D036691, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 18, 2002, Filed
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Overview: Insurer's summary judgment was properly granted as mortgagee's full credit bid extinguished any right it had in insurance proceeds; bid could not be rescinded on basis of mistake as mortgagee was charged with knowledge of making informed bid.

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Copeland v. Baskin Robbins U.S.A., No. B149851., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 19, 2002, Decided
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Overview: Under California law, reliance damages were the only form of recovery available in an action on a contract to negotiate an agreement.

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Guardianship of Melissa W., No. B151211., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 19, 2002, Decided
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Overview: Grandparents' appeal of denial of guardianship was dismissed, where they arranged to have their 16-year-old granddaughter travel to the Bahamas and be married in order to emancipate child for purpose of negating custody of father.

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In re Raymond E., No. C039302., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 19, 2002, Decided
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Overview: Order terminating mother's parental rights to her minor son was affirmed; statutory exception to termination of parental rights upon a finding of adoptability did not apply retroactively.

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Lockheed Martin Corp. v. Workers' Comp. Appeals Bd., No. A093061., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 19, 2002, Decided
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Overview: Where employee sustained injuries to arm and neck years after she was awarded permanent disability for her other arm, judge correctly ruled that statute applied to all claims of psychiatric injury, including those from physical work injuries.

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