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   State Courts - California - February 8 - February 11, 2002

  
Akers v. County of San Diego, No. D035274., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 8, 2002, Decided
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Overview: Plaintiff satisfied the test for showing an adverse employment action within the meaning of a Fair Employment and Housing Act by showing the retaliation eliminated or reduced her promotional opportunities within the district attorney's office.

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People v. McNamee, No. E028823., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 8, 2002, Decided
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Overview: Where defendant was convicted of second degree murder and used a firearm to commit the crime, trial court properly limited defendant's presentence credits to his actual time in custody.

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People v. Minor, No. E030458., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 8, 2002, Decided
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Overview: There was no authorizing legislation permitting San Bernardino County, California, to recover the costs of criminal law enforcement of a county code provision sanctioning accumulation of trash, rubbish, and junk on land.

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Stephens v. Superior Court, No. D038328., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 8, 2002, Decided
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Overview: A party appearing late in a proceeding was precluded from raising a peremptory challenge to the presiding judge, as the judge had already determined a contested fact issue.

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Dep't of Forestry & Fire Prot. v. Lebrock, No. B149202., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 11, 2002, Decided
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Overview: Where statutes did not expressly authorize attorney fees for defendant's successful defense of agency's suit, defendant was not entitled to fees and court could not alter language of statutes to create a right to attorney fees.

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Home Gardens Sanitary Dist. v. City of Corona, No. E029777., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 11, 2002, Decided
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Overview: Trial court correctly enjoined city from preventing property owners from connecting to district's sewers but erred by not recognizing district's exclusive jurisdiction to give sewer service within its boundaries, including territory within city.

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In re Maribel T., No. B150399., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 11, 2002, Decided
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Overview: Custody order was ordered modified to delete a provision that daughter not be removed from the State of California by father or mother without the written consent of the other parent or order of the court.

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In re Varnell, B153849, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 11, 2002, Filed
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People v. Iniguez, No. C037230., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 11, 2002, Decided
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Overview: Conviction for the nonexistent offense of conspiracy to commit attempted murder was reversed when conspiracy required a specific intent, while the agreement underlying the conspiracy pleaded to contemplated no more than an ineffectual act.

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