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| Embarcadero Mun. Improvement Dist. v. County of Santa Barbara, No. B141893.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 25, 2001, Decided
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Overview: A locality lacked standing to challenge an allocation of future tax increment levied as part of a county development project.
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| John L. v. Superior Court, D035995, D036142, D036290,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 25, 2001, Filed
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Overview: Where statutory change operated prospectively, and its standards and procedures were triggered by and focused on conduct that occurred after its effective date, statute did not violate the ex post facto clause.
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| People v. Harrah, H020365,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 25, 2001, Filed
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Overview: Where statue had a prohibition against charging two felony sex offenses against the same victim in the same time period, charge and conviction against appellant that was not made "in the alternative" was stricken.
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| Yeroushalmi v. Miramar Sheraton, No. B132719, No. B132723, No. B134924.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 25, 2001, Decided
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Overview: Trial court did not err in dismissing actions alleging violations of the Safe Drinking Water and Toxic Enforcement Act of 1986, where the 60-day notices sent by citizen enforcers to the alleged violators were insufficient.
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| Herrera v. Dep't of Real Estate, No. B138748.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 26, 2001, Decided
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Overview: Respondent agency's revocation of appellant' real estate license was timely because the commencement of the statute of limitations was the suspension of appellant's law license, not the underlying misconduct.
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| In re Marriage of Williams, No. B145636.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 26, 2001, Decided
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Overview: Family law court erred when it permitted two of four children to move out of California with their mother, where the record did not show compelling circumstances warranting the separation of the siblings.
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| People v. Am. Sur. Ins. Co., No. B133445.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 26, 2001, Decided
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Overview: Sentencing court properly ordered forfeiture of a bail bond which an insurance company provided for criminal defendant, who failed to appear for sentencing after sentencing court gave defendant an indicated sentence.
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| People v. Garcia, B141994, B149050,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 26, 2001, Filed
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Overview: In a drive-by shooting, since all the evidence against the driver showed that he was not the one who personally used a firearm, he was not subject to a firearms sentencing enhancement.
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| People v. Tobias, No. S085471.,
SUPREME COURT OF CALIFORNIA, April 26, 2001, Decided
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Overview: Child under 18 who had incestuous sexual relationship with adult was victim, not perpetrator, of the incest, and that finding remained valid even when child consented to the sex. Thus, child was not an accomplice to incest.
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| Vallely Invs. v. Bancamerica Commercial Corp., No. G026984.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 26, 2001, Decided
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Overview: Foreclosure of the leasehold mortgage did not extinguish the duties that the assuming assignee owed under the relevant lease to plaintiff lessor.
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