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| Ashou v. Liberty Mutual Fire Ins. Co., B179641,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 14, 2006, Filed
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Overview: Insurer's reopening and reconsideration of an earthquake claim tolled the revived one-year period to bring such claims in Code Civ. Proc., § 340.9; however, further consideration of whether equitable tolling saved the complaint was required because it was unclear whether the complaint was timely filed, even considering equitable tolling.
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| Ebbetts Pass Forest Watch v. California Dept. of Forestry & Fire Protection, F042896,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 14, 2006, Filed
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Overview: In approving timber harvesting plans, forestry department failed to meet the requirements of Cal. Code Regs., tit. 14, § 952.9, Technical Rule Addendum No. 2, because it did not direct the submitter to separately tailor assessment areas for the California spotted owl and the Pacific fisher based on characteristics of each species and its habitat.
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| Huff v. Wilkins, D044895,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 14, 2006, Filed
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Overview: In a case in which an injured all-terrain vehicle (ATV) rider was seriously injured after his ATV collided with a 14-year-old defendant's ATV, defendant's violation of Veh. Code, § 38503, was not within the range of activities ordinarily involved in the sport of off-roading.
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| Mid-Century Ins. Co. v. Superior Court, B186140,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 14, 2006, Filed
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Overview: When a demurrer to a complaint was sustained without leave to amend solely by virtue of the statute of limitations and the time for direct attack on the judgment had passed, the case was final; however, it was not "litigated to finality" under Code Civ. Proc., § 340.9, subd. (d)(1). Therefore, an insured's lawsuit against his insurer could proceed.
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| People v. Munoz, G034265,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 17, 2006, Filed
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Overview: In a case of assault with a deadly weapon, attempted carjacking, and attempted robbery, the trial court erred in denying defendant's postconviction motion to relieve defendant's retained counsel and to appoint counsel; absent prejudice or unreasonable delay, defendant had a Sixth Amendment right to discharge retained counsel with or without cause.
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| Pitts v. City of Sacramento, C049385,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 17, 2006, Filed
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Overview: Where two mandamus petitions brought by a police officer seeking reinstatement to active status involved different underlying evidentiary foci, and the reciprocal duty breached in each was different, an adverse ruling on the first mandamus petition against the officer did not preclude the officer from maintaining the second.
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