California, March, 2002, State Case law

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State Courts - California - March 28, 2002

County of Riverside v. Superior Court, No. S094675., SUPREME COURT OF CALIFORNIA, March 28, 2002, Decided
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Overview: California law gave a law peace officer the right to view confidential documents prepared in the course of a routine background investigation; but his waiver of that right was enforceable.

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Estate of Shinkle, No. H022305., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 28, 2002, Decided
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Overview: Disqualification of volunteer long-term care ombudsman from benefiting under hospital resident's trust naming him successor trustee, and voiding of trust, was upheld. He had remained statutorily disqualified even after transfer from facility.

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Gamble v. L.A. Dep't of Water & Power, No. B152079., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 28, 2002, Decided
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Overview: Provision in the Torts Claims Act allowing public entities to recover the costs of defending frivolous lawsuits was construed to mean that a motion for costs could be filed at the earliest practical time prior to the entry of judgment.

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In re N. S., No. D039102., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 28, 2002, Decided
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Overview: The juvenile court erred by continuing its jurisdiction over a minor without making factual findings regarding the substantial risk of detriment to her if returned to her father's custody.

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Jacqueline R. v. Household of Faith Family Church, No. G028495., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 28, 2002, Decided
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Overview: California law precluded imposing tort liability on an unlicensed, pastoral marriage counselor who engaged in consensual sexual relations with a woman he was counseling.

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People v. Leonard, No. C037099., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2002, Decided
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Overview: The People's appeal of a superior court order denying the People's motion to bar defendant from contacting jurors without prior court approval and good cause was dismissed, where the order did not affect the People's substantial rights.

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People v. Valdez, No. S095660., SUPREME COURT OF CALIFORNIA, March 28, 2002, Decided
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Overview: Criminal negligence satisfied the mens rea element of California's felony child endangerment statute.

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Schoendorf v. U.D. Registry, B146918, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 28, 2002, Filed
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State Water Res. Control Bd. v. Superior Court, No. C039614., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2002, Decided
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Overview: Peremptory writ of mandate was issued directing superior court to vacate its order disqualifying California Attorney General from further representing a state board because attorney general also was representing another agency in the litigation.

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Swanson v. St. John's Reg'l Med. Ctr., B148128, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 28, 2002, Filed
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