California, May, 2002, State Case law

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State Courts - California - May 2 - May 3, 2002

Huskinson & Brown v. Wolf, B147298, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 2, 2002, Filed
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Overview: In a lawyer referral agency's suit to recovery fees from a law firm, the trial court erred in awarding damages under quantum meruit, as client did not consent in writing.

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In re Marriage of Read, B151293, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 2, 2002, Filed
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Overview: Divorce client's former attorney's petition for rehearing was denied, though opinion was modified in certain particulars. Issue in case which attorney cited was not the propriety of proceeding with Borson motion over client's opposition.

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Kasky v. Nike, Inc., No. S087859., SUPREME COURT OF CALIFORNIA, May 2, 2002, Decided
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Overview: Where corporation's messages made representations of fact about its operations for purpose of promoting sales of its products, they were commercial speech for purposes of applying state laws barring false and misleading commercial messages.

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People v. Jaspar, No. F035439., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 2, 2002, Decided
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Overview: In a second degree murder case, jury instruction did not limit the application of battered women's syndrome evidence to perfect self-defense, and jury instructions did not confuse jury.

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People v. Superior Court (henkel), No. A096715., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 2, 2002, Decided
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Overview: Offender was not eligible for probation under the California Substance Abuse and Crime Prevention Act of 2000, where he had a prior strike and seven months before committing a drug possession offense was convicted of committing another felony.

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Buckner v. Tamarin, No. B149385., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 3, 2002, Decided
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Overview: Trial court properly denied physician's petition to compel arbitration of survivors' wrongful death claim against him; decedent, who entered into arbitration agreement, had no authority to waive survivors' right to a jury trial of their claims.

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Westerfield v. Superior Court, D039640, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 3, 2002, Filed
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Overview: The court of appeals ordered the sealing of documents related to search warrants in a criminal trial where defendant was tried for heinous crimes in connection with the murder of child.

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