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| Home Sav. of Am. v. Cont'l Ins. Co., No. B138138.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 6, 2001, Decided
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Overview: Mortgagee was protected by "standard" loss payable clause from defenses available against the named insured homeowner related to the mortgagee's recovery for a third party's intentional demolition of the insured residence.
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| Kathleen R. v. City of Livermore, No. A086349.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 6, 2001, Decided
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Overview: In a parent's suit against a city for allowing a library to provide her minor son with access to harmful materials on the Internet, the complaint did not state facts sufficient to constitute a cause of action, and the case was dismissed.
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| Leake v. Superior Court, No. C036542.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 6, 2001, Decided
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Overview: Court determined that actions under the Sexually Violent Predator Act (SVPA) are civil. Accordingly, the Civil Discovery Act of 1986 applied to an SVPA proceeding.
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| Modern Paint & Body Supply v. State Bd. of Equalization, No. B141232.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 6, 2001, Decided
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Overview: A taxpayer's sales of supplies to auto repair shops were not sales for resale; taxpayer was not entitled to relief of sales tax liability.
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| People v. Benitez, C031974,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 6, 2001, Filed
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Overview: Conviction of attempted terrorist threat was reversed; defendant may have been convicted for constitutionally protected speech due to unclear jury instruction, and denial of self-defense instruction was not harmless error.
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| Rosenaur v. Scherer, Nos. C032607, C033331.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 6, 2001, Decided
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Overview: In the context of a heated confrontation between political opponents, charge that plaintiff was a "thief" could have been reasonably interpreted as loose figurative language and hyperbole, not a claim plaintiff had a criminal past.
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| Titmas v. Superior Court, No. G027750.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 6, 2001, Decided
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Overview: When there was a claim of attorney-client privilege, the trial judge had to hold a full hearing, with oral argument, before ordering the revelation of client confidences or compelling an attorney to testify against a client.
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| Tjx Cos. v. Superior Court, No. G027891.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 6, 2001, Decided
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Overview: Both the statutory language and the legislative scheme compelled that an oral hearing was a necessary component to an attack by demurrer on class action allegations, and a summary disposition was impermissible.
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