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State Courts -
California - February 22 - February 23, 2010
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Interstate Fire & Casualty Ins. Co. v. Cleveland Wrecking Co., A124920,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 22, 2010, Filed
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Overview: Trial court erred in sustaining a tortfeasor subcontractor's demurrer where an insurer's subrogation complaint, based on its insured's contractual indemnification claim against subcontractor, was not barred by subcontractor's good faith settlement in the underlying litigation, and insurer's equitable position was superior to that of subcontractor.
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Oaktree Capital Management, L.P. v. Bernard, B207865,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 22, 2010, Filed
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Overview: Arbitration award in favor of employers was not subject to vacation under Code Civ. Proc., ? 1286.2, subd. (a)(4), because the arbitrator did not exceed her powers in ruling that the employee had not earned certain incentives; this finding was a legal conclusion based on disputed evidence, which could not be reviewed even if the arbitrator erred.
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Thiara v. Pacific Coast Khalsa Diwan Society, F055729,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 22, 2010, Filed
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Overview: Where neither the court clerk nor a party served a document that complied with Cal. Rules of Court, rule 8.104(a)(1) or (2), defendants were required to file their notice of appeal within 180 days after entry of judgment. Because judgment was entered on April 25, 2008, defendants' notice of appeal, which was filed on July 17, 2008, was timely.
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Forsgren Associates, Inc. v. Pacific Golf Community Development LLC, E045940,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 23, 2010, Filed
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Overview: Mechanic's lien arising from golf course construction did not attach to all of the adjacent property under Civ. Code, ?? 3094, 3128, 3129, because not all of the adjacent property was required for the convenient use and occupation of the golf course; rather, the evidence established that the lien attached only to part of the adjacent property.
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People v. Taravella, H033992,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 23, 2010, Filed
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Overview: Defendant could not be subjected to Pen. Code, ? 290's registration requirement based on his conviction for violating Pen. Code, ? 288a, subd. (b)(2). Registration requirement violated equal protection by treating two groups of similarly situated offenders differently, mandating registration by one but not the other without any rational basis.
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