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| Dep't of Indus. Relations v. Atl. Baking Co., No. B141841.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 5, 2001, Decided
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Overview: The California Code of Civil Procedure did not extend the 45 day jurisdictional time limit for filing a writ of mandate from a labor commissioner's order as set forth in the California Labor Code.
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| People ex rel. Orloff v. Pacific Bell, A089528,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, June 5, 2001, Filed
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Overview: Suit against utility for deceptive practices of marketing call blocking, custom calling features, and inside telephone wire repair insurance was properly dismissed, since it was preempted by proceeding before commission.
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| People v. Coelho, No. H020689.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, June 5, 2001, Decided
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Overview: Where a court was unable to determine beyond a reasonable doubt which unlawful acts the jury based its verdicts on, the rule of lenity required the sentencing court to assume the factual bases that would provide the most discretion.
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| Hicks v. Kaufman & Broad Home Corp., No. B139140.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 6, 2001, Decided
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Overview: Although a class action could not be maintained on strict liability and negligence theories, because home builder expressly warranted the homes it built, a class action could be maintained on breach of express and implied warranty.
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| Home Builders Ass'n v. City of Napa, No. A090437.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 6, 2001, Decided
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Overview: As city had the ability to waive the requirements imposed by an inclusionary zoning ordinance, the ordinance did not, on its face, result in a taking.
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| In re Rubin, No. S027555.,
SUPREME COURT OF CALIFORNIA, June 6, 2001, Decided
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Overview: Two attorneys were aware of, and had the ability to comply with, a court order requiring the filing of an appellate brief. Their failure to do so was willful and they were found to be in contempt of court.
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| In re Walter S., B144386,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, June 6, 2001, Filed
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Overview: The California statutes requiring juvenile gang offenders to register with the police were constitutional, but the trial court erred in ordering restitution because the juvenile was not convicted of car theft.
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| People v. Corona, No. D033855.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 6, 2001, Decided
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Overview: Where defendant was arrested for conspiracy to transport marijuana and she alleged that police did not advise her of her rights under the Vienna Convention, exclusion was not a remedy for violations of the Vienna Convention.
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