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| Diosdado v. Diosdado, No. B150941.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 4, 2002, Decided
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Overview: Agreement entered into between wife and husband providing for payment of liquidated damages in the event one of them was sexually unfaithful to the other was not enforceable because it was contrary to public policy.
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| Fat v. County of Sacramento, No. C037610.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 4, 2002, Decided
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Overview: Where county approved a negative declaration and conditional use permit to let pilots operate and extend an airport, trial court erred by granting challengers' petition for a writ of mandate, since county had proceeded in manner required by law.
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| In re Angel B., Nos. B150872, B152814.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 4, 2002, Decided
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Overview: The juvenile court properly terminated a mother's parental rights, there was no hint in the record that the child would be harmed in any way, if her relatively brief, albeit happy, visits with her mother were to end.
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| In re Marriage of Read, No. B151293.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 4, 2002, Decided
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Overview: In a marital dissolution action, law firm which represented wife was not entitled to pursue a proposed fee order with the judge after its discharge and substitution out of the case; the appropriate remedy was an action against the wife.
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| Nat'l Tech. Sys. v. Superior Court, No. B152512.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 4, 2002, Decided
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Overview: Where a surety's liability on a stop notice release bond was commensurate with that of the general contractor, the subcontractor could, upon an appropriate showing, recover attorney fees and statutory penalties against the surety.
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| People v. Willis, No. S096349.,
SUPREME COURT OF CALIFORNIA, April 4, 2002, Decided
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Overview: Remand for new trial because trial court failed to quash venire on defendant's motion, after his own exercise of group bias, was reversed. Trial court, with State assent, could impose remedies and sanctions short of dismissing entire venire.
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| Sav-On Drug Stores, Inc. v. Superior Court, B152628,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 4, 2002, Filed
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Overview: Extraordinary writ issued directing trial court to vacate grant of class certification. Issue of whether retailer's roughly 1,400 managers of 300 stores were exempt from overtime wage laws involved mostly individual fact questions.
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| Silver v. Boatwright Home Inspection, No. B146581.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 4, 2002, Decided
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Overview: Where plaintiffs settled with all parties, except one, defendant who prevailed at trial was not a prevailing party for purposes of recovering attorney's fees; plaintiffs obtained their litigation objective through settlements with other defendants.
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| Wackeen v. Malis, Nos. B131353, B138921.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 4, 2002, Decided
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Overview: Parties who moved to dismiss an action upon successful settlement negotiations could not later seek the jurisdiction of the same court upon motion to enforce the settlement agreement; rather, the parties were required to file a new action.
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