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| Carole Ring & Assocs. v. Nicastro, No. B135439.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 27, 2001, Decided
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Overview: Where defendant was prevailing party as a matter of law, language of contractual attorney fees clause and arbitration statute entitled him to reasonable attorney fees incurred in post-arbitration judicial proceedings.
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| Esberg v. Union Oil Co., G022069,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 27, 2001, Filed
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Overview: A private employer was not barred by California law from providing tuition reimbursement benefits to young workers while denying benefits to employees over the age of 40.
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| Fuller v. Superior Court, No. B144094.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 27, 2001, Decided
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Overview: Petition for writ of mandate requesting trial court be ordered to bar civil defendants from testifying at trial to matters about which they might during deposition invoke their privilege against self-incrimination was denied.
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| In re Antwon R., No. E028752.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 27, 2001, Decided
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Overview: Statute barring criminal defendants from raising an error in calculating presentence custody credits on appeal, did not apply to appellant in juvenile proceeding because juvenile proceeding was not a criminal conviction.
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| Lomes v. Hartford Fin. Servs. Group, No. B137677.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 27, 2001, Decided
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Overview: A corporation's insurer had no duty to defend the majority shareholder in a defamation action; the majority shareholder was not acting in his capacity as director when he made the statements.
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| McCoy v. Superior Court, G026848,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 27, 2001, Filed
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Overview: Where law firm required clerk to sign arbitration agreement in order to keep his job, writ of mandate to reverse order compelling arbitration was granted, since agreement was procedurally and substantively unconscionable.
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| Niedle v. Workers' Comp. Appeals Bd., No. B140258.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 27, 2001, Decided
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Overview: Depriving Nevada resident, injured in California, from receiving same vocational rehabilitation given to California residents was rationally related to legitimate government interest and did not violate right to travel or equal protection.
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| People v. Cleveland, No. B139266.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 27, 2001, Decided
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Overview: Sentences for robbery and attempted murder were affirmed; trial court retained discretion to impose punishment for the offense that it determined to be appellant's primary objective, and did not need to "stay" robbery sentence.
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| People v. Strong, No. C033513.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2001, Decided
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Overview: Dismissal of career criminal's sole strike under California's Three Strikes law was reversed where defendant's 22-year criminal record did not justify a departure from the statute's sentencing scheme.
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| Van Ness v. Blue Cross of Cal., Nos. A088368, A088539.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, February 27, 2001, Decided
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Overview: Insurer had not breached the covenant of good faith and fair dealing where it had fully performed its obligations pursuant to a valid, unambiguous insurance policy.
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