California, April, 2002, State Case law

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State Courts - California - April 5 - April 9, 2002

People v. Mearns, No. B150613., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 5, 2002, Decided
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Overview: The trial court did not abuse its discretion in awarding restitution to a rape victim for the costs of relocating to another residence after she was violently sexually assaulted in her mobile home.

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West v. Bechtel Corp., A089492, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 5, 2002, Filed
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Burrtec Waste Indus. v. City of Colton, No. E030046., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 8, 2002, Decided
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Overview: The superior court properly granted a writ petition challenging a conditional use permit to allow a trash company to operate a solid waste facility; applicant failed to post a notice of intention.

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People v. Baylor, No. E029215., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 8, 2002, Decided
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Overview: Trial court properly denied rape defendant's motion to suppress DNA evidence from a databank defendant had been required to provide; defendant's biological samples were legally obtained before any law requiring expungement became effective.

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People v. Mello, No. C035295., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 8, 2002, Decided
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Overview: Trial judge's instructions telling prospective jurors who had racial bias against defendant to lie under oath and make up some other reason to be excused from the jury resulted in inadequate voir dire that rendered the trial fundamentally unfair.

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Scottsdale Ins. Co. v. Essex Ins. Co., No. D038635., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 8, 2002, Decided
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Overview: Judgment requiring a builder's insurer to pay equitable contribution to his later insurer was reversed where the builder failed to comply with a condition that required his subcontractors to have policies naming him as an additional insured.

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Carwash of America-Po v. Windswept Ventures No. 1, No. C035179., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 9, 2002, Decided
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Overview: Where parties' contract contained provision permitting prevailing party to recover expert witness fees, such fees were not awarded as an item of costs, rather prevailing defendant sellers had to plead and prove entitlement to relief separately.

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Pablo S. v. Superior Court, No. B155364., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 9, 2002, Decided
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Overview: Juvenile court properly denied family reunification services to parents who failed to seek medical treatment for son's injury; failure to provide medical attention for son constituted infliction of serious injury by omission.

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People v. Superior Court (jefferson), No. E030590., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 9, 2002, Decided
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Overview: Defendant was not eligible for drug treatment probation where he did not remain free of prison custody for five years immediately preceding his current drug possession offense and was convicted of an unrelated misdemeanor in the same proceeding.

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Smith v. Santa Rosa Police Dep't, No. A095040., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, April 9, 2002, Decided
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Overview: The registered owner's lack of actual knowledge that the driver to whom he loaned his car was not validly licensed constituted a mitigating circumstance warranting release of his impounded vehicle.

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