California, May, 2002, State Case law

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State Courts - California - May 16 - May 17, 2002

Alfaro v. Terhune, No. C034286., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 16, 2002, Decided
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Overview: Regulations were not required to enforce act to obtain fluid samples and fingerprints from inmates, and act was not unconstitutional on its face, nor could a court redetermine legislative decisions including death sentence inmates under act.

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Laraway v. Pasadena Unified Sch. Dist., No. B149179., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 16, 2002, Decided
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Overview: In an action for declaratory relief, an appeal and cross-appeal filed more than 180 days after entry of the trial court's order were dismissed as untimely.

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People v. Johnson, No. B152162., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 16, 2002, Decided
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Overview: In a murder trial, the court properly instructed the jury that intent to kill was an element of voluntary manslaughter.

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People v. Northup, B150933, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 16, 2002, Filed
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Overview: Police officer character evidence allegedly favorable to an accused's defense was not discoverable under Brady.

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People v. Scott, No. D037416., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 16, 2002, Decided
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Overview: California Proposition 21, allowing a minor to be tried as an adult, was a constitutional measure.

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Silo v. CHW Med. Found., No. S095918., SUPREME COURT OF CALIFORNIA, May 16, 2002, Decided
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Overview: A religious organization was not subject to tort liability for terminating an at will employee who engaged in inappropriate religious speech.

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Stroock & Stroock & Lavan v. Tendler, B147408, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 16, 2002, Filed
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Overview: The trial court erred in granting a motion to strike a malicious prosecution under the anti-SLAPP statute; complaining party demonstrated a probability it would prevail on the merits.

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Prudential Ins. Co. of Am. v. Superior Court, No. H022025., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 17, 2002, Decided
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Overview: Insurers had no obligation to provide catastrophic medical benefits to the daughter of its insured; the young woman was over the age of 19 and not registered at an academic institution.

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Swain v. California Casualty Ins. Co., No. A095806., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 17, 2002, Decided , May 17, 2002, Filed
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Overview: Summary judgment for the insurer was affirmed as modified, because there was no occurrence under the terms of the insurance policy in that the insureds' wrongful eviction of tenants was an intentional act.

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