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State Courts -
California - July 1 - July 5, 2002
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Jefferson v. Department of Youth Authority, No. S097104.,
SUPREME COURT OF CALIFORNIA, July 1, 2002, Decided , July 1, 2002, Filed
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Overview: Where a teacher's assistant signed a compromise and release to settle her workers' compensation claim, she could not then sue for sex discrimination in civil court, as the language of the compromise and release covered the civil action.
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People v. Neild, No. D038132.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 1, 2002, Decided , July 1, 2002, Filed
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Overview: The legislature showed its intent that there be no interest of justice or furtherance of justice exception to the ban on probation to defendant convicted of a serious or violent felony while on probation for another felony conviction.
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Church of Christ in Hollywood v. Superior Court, No. B158554.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 2, 2002, Decided , July 2, 2002, Filed
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Overview: Where member was expelled for intimidating church's membership and leadership, church, like any nonsectarian property owner, could decide whom to allow on its premises. Thus, church's petition for writ of mandate to issue injunction was granted.
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Walrath v. Sprinkel, No. A096146.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 2, 2002, Decided , July 2, 2002, Filed
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Overview: Employee pled a triable issue of fact as to his cause of action for termination in retaliation for his complaints against age discrimination in violation of the public policy set forth in the California Fair Employment and Housing Act.
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Gee v. American Realty & Construction Inc., No. A095457.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 3, 2002, Decided , July 3, 2002, Filed
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Overview: Where sellers did not provided a reporter's transcript of the hearing at which their motion was denied, sellers did not overcome the presumption of correctness attending the order denying their motion.
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People v. Fulton, D036550,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 5, 2002, Filed
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Overview: Where defendant pleaded guilty to driving while under the influence of alcohol, causing severe injuries to the victim, the trial court did not err by ordering defendant to pay restitution to the victim, including reasonable attorney fees.
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