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| Crowell v. Downey Cmty. Hosp. Found., No. B148291.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 28, 2002, Decided
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Overview: Parties to arbitration agreement could not agree arbitration award was subject to judicial review as to whether award was supported by law and substantial evidence. Parties could not expand jurisdiction by contract to include review on merits.
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| Dch Health Servs. Corp. v. Waite, No. G026285.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 28, 2002, Decided
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Overview: Court improperly disqualified defendant's attorney where plaintiffs in underlying suit had no attorney-client relationship with attorney and therefore, they lacked standing to bring the disqualification motion.
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| In re Jerry P., No. B146667.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 28, 2002, Decided
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Overview: Statutory scheme which allowed child's mother or third party to prevent nonbiological father who demonstrated his commitment to child from becoming child's presumed father and receiving reunification services was unconstitutional.
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| Jabro v. Superior Court, No. D038757.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 28, 2002, Decided
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Overview: Order permitting discovery of defendants' financial condition was vacated, as plaintiff's showing, which was sufficient to avoid summary judgment, did not establish a substantial probability of prevailing on his punitive damages claim.
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| Marks v. Superior Court, No. S085224.,
SUPREME COURT OF CALIFORNIA, January 28, 2002, Decided
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Overview: Trial court did not err in precluding habeas counsel from participating in appellate record correction process in death penalty case. However, trial court's settled statements failed to comply with the required record correction procedures.
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| People ex rel. Dep't of Corps. v. Speedee Oil Change Sys., No. B140743., No. B144629.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 28, 2002, Decided
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Overview: Franchisees' actions for misrepresentation against franchisor and others were barred by limitations statutes, which were absolute, making no provision for delayed discovery or tolling.
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| People v. Diaz, No. B137926.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 28, 2002, Decided
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Overview: Trial court did not err discharging juror or by denying new trial motion based on the discharge. Trial court properly admitted preliminary hearing testimony. Trial court erred by not staying certain sentences.
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| People v. Hughes, No. S017869.,
SUPREME COURT OF CALIFORNIA, January 28, 2002, Decided
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Overview: In the absence of evidentiary or instructional error, the appellate court affirmed defendant's sentence of death following his conviction of first degree murder, first degree robbery, first degree burglary, and sodomy.
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| People v. Lee, No. B140904.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 28, 2002, Decided
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Overview: It was error not to exclude witness's statement as police coerced the statement by an improper threat to try the witness for the murder unless he named defendant as the killer. Use of witness's polygraph information was reversible error.
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| San Diego Hous. Com v. Indus. Indem. Co., No. D035239.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 28, 2002, Decided
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Overview: Judgment creditor was entitled to recover against an insurer on a liability insurance policy and subject to its terms and limitations, pursuant to a judgment the judgment creditor had earlier obtained against the insurer's insured.
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