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| Akin v. Certain Underwriters at Lloyd's London, E038354,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 16, 2006, Filed
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Overview: Trial court properly granted insurers' demurrer where insured's claim was nothing more than a claim for breach of contract disguised as an action for rescission because insured could not recover damages under her policies in an action for rescission under Civ. Code, § 1692, and her claim was barred under the contractual one-year limitations period.
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| In re Ali A., C049808,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 16, 2006, Filed
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Overview: Although juvenile court lacked discretion to set a maximum term of physical confinement when it committed a minor to custody of his parents subject to probationary supervision, rather than to state youth authority's custody, because Welf. & Inst. Code, § 726, subd. (c), did not apply, reversal was not required because minor was not prejudiced.
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| Lazan v. County of Riverside, E038572,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 16, 2006, Filed
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Overview: Where substantial evidence supported the finding that a county, by its words and actions, demonstrated that it believed that a county employee was incapable of performing her job duties as a deputy sheriff, the county was required to apply for disability retirement on the employee's behalf pursuant to Gov. Code, § 21153.
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| People v. Ranger Ins. Co., G035387,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 16, 2006, Filed
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Overview: Although surety stated that the form of an undertaking should have been based on Pen. Code, § 1552.1, which authorized bail for fugitives, there was no special form dictated by statute for a bond in fugitive proceedings. Under Pen. Code, § 1553, recovery on bond issued for fugitive was to be had on same grounds as bonds in all other proceedings.
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| Slintak v. Buckeye Retirement Co., L.L.C., Ltd., B182875,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 16, 2006, Filed
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Overview: Trial court erred in ruling that the power of sale in a trust deed had expired under the 10-year limitations period; the filing of a lis pendens within the time limits extended the period under Civ. Code, § 880.260, and because less than 10 years had elapsed from the filing of the lis pendens, the power of sale in the trust deed had not expired.
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