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| Barnes v. Hussa, C049163,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 24, 2006, Filed
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Overview: Water users did not violate a decree by extending a pipeline to convey a portion of their first priority water to another property that had no first priority rights under the decree; pursuant to Wat. Code, § 1706, the water users could change the place where the water was used as long as that change did not adversely affect others' water rights.
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| Doe v. City of Los Angeles, B178689,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 24, 2006, Filed
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Overview: Sex abuse claims against a city were time barred because plaintiffs, who alleged abuse by a police officer in police-sponsored youth programs, did not establish the requisite constructive knowledge of the city for purposes of revival under Code Civ. Proc., § 340.1, subd. (b)(2). Facts in complaint were improperly alleged on information and belief.
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| Fritz v. Ehrmann, B178701,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 24, 2006, Filed
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Overview: Summary judgment in malpractice suit was improper; facts did not indisputably show that attorney malpractice statute of limitations, Code Civ. Proc., § 340.6, accrued until shortly before client's prior litigation commenced, and statute was tolled while attorney represented client in that suit under the continuous representation tolling provision.
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| Staffpro, Inc. v. Elite Show Services, Inc., D045755,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 24, 2006, Filed
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Overview: A claim for malicious prosecution was properly stricken under Code Civ. Proc., § 425.16, because plaintiffs could not demonstrate a likelihood of success as to favorable termination, given that judgment was entered for defendants on one of three underlying claims. The two unsuccessful claims could not be severed to establish favorable termination.
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