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| Finkbeiner v. Gavid, No. B180104,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 14, 2006, Filed
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Overview: A successor trustee of a trust did not have to be represented by counsel when appearing in court to petition to modify and terminate the trust. By filing her petition to modify and terminate the trust, the trustee was simply fulfilling her duties.
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| Kim v. Superior Court, B185850,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 14, 2006, Filed
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Overview: A complaint sufficiently alleged that defendant acted in furtherance of an agreement to engage in prostitution because it recounted a conversation between defendant and an officer, including her instruction that he undress. Words could be an act in furtherance of an agreement to engage in an act of prostitution under Pen. Code § 647, subd. (b).
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| Mayer v. L & B Real Estate, B180540,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 14, 2006, Filed
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Overview: In a quiet title action arising from a tax sale, the trial court erred when it applied equitable tolling and estoppel to avoid the statute of limitations, Rev. & Tax. Code, § 3725; the claimants had actual notice of every fact necessary to bring a timely action, and the buyer, as a bona fide purchaser, was not estopped by the tax collector's acts.
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| People v. Espana, G035423,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 14, 2006, Filed
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Overview: Regardless of whether defendant remained incarcerated or had been released from prison, the express language of Pen. Code, § 296.1, provided that if defendant's original DNA sample were expunged, he would have been required to submit a new sample as either an inmate or a parolee.
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| People v. Noori, B181950 (Consolidated with B183383),
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 14, 2006, Filed
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Overview: Defendants' ignorance of the licensing requirement for transmission of money abroad was not an excuse for their violation of Fin. Code, § 1823; the offense was a general intent crime, and the trial court did not err in excluding evidence that defendants' attorney had told them that their business was generally in compliance with state law.
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