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| People v. Cochran, D034916,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 17, 2001, Filed
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Overview: In a child pornography case, the appellate court reversed defendant's conviction for employment of a minor to produce pornography for commercial purposes; no evidence was presented that defendant sought to make any money from photographs.
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| People v. Lewis, No. S018665.,
SUPREME COURT OF CALIFORNIA, May 17, 2001, Decided
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Overview: Defendant's first degree murder conviction was upheld where evidence of his past violent behavior was properly admitted as relevant to the issue of intent, and trial court was justified in refusing to instruct jury on manslaughter.
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| People v. Wang, B139328,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 17, 2001, Filed
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Overview: The court reversed dismissal of an information charging respondent with embezzlement; California Proposition 115 allowed hearsay statements at the preliminary hearing and translation of the statements did not create a second level of hearsay.
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| People v. Williams, C031921,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 17, 2001, Filed
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Overview: The appellate court affirmed defendant's conviction of driving while under the influence of alcohol; the trial court's admission of a Preliminary Alcohol Screening test taken in violation of state regulations was harmless error.
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| Shekhter v. Fin. Indem. Co., No. B141327.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 17, 2001, Decided
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Overview: Trial court erred in denying special motions to strike cause of action for unfair business practices and violations of Unruh Act because cross-complainant failed to establish that there was a probability he would prevail.
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| V. v. SUPERIOR COURT OF ALAMEDA COUNTY, A098129,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 17, 2001, Filed
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| Fid. Creditor Serv. v. Browne, No. B138713.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 18, 2001, Decided
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Overview: Although the judgment was valid on its face, respondent conceded it was invalid for lack of proper service; thus, the judgment was void, requiring reversal of the order denying defendant's motion to vacate its renewal.
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| Krantz v. Bt Visual Images, Nos. A085999, A087341, A089575.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 18, 2001, Decided
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Overview: Court erred in dismissing contract and business tort claims; court improperly shifted burden to plaintiff where he was thwarted in his attempts to obtain evidence through discovery that could have created issues of material fact.
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| Tucci v. Club Mediterranee, No. B135854.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 18, 2001, Decided
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Overview: An employee's personal injury action against her employer for injuries sustained in the Dominican Republic was precluded; under applicable choice of law principles, the law of the Dominican Republic applied.
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