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| Apple Valley Unified Sch. Dist. v. Vavrinek, No. E030210.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 29, 2002, Decided
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Overview: In an accounting malpractice case, the two-year statute of limitations had expired because the school district had a suspicion of wrongdoing and had suffered actual injury when it recognized its liability and incurred expenses before it filed suit.
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| Avikian v. Wtc Fin. Corp., Nos. G026372, G026814.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 29, 2002, Decided
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Overview: The trial court properly dismissed shareholders' consolidated complaints against a title insurance company based upon a restraining order issued in a proceeding initiated by the California Insurance Commissioner to liquidate the title company.
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| Hammond v. Agran, No. G027509.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 29, 2002, Decided , May 29, 2002, Filed
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Overview: A candidate who won an appeal in a case concerning the material in his voter statement was entitled to attorney fees under the private attorney general doctrine; his efforts resulted in the enforcement of an important public right.
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| In re Dalton, G029550,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 29, 2002, Filed
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Overview: Petitioner was entitled to habeas corpus relief where the trial court violated his constitutional self-incrimination privilege by inviting him to testify in the jury's presence during the jury's view of his medical offices, the scene of the crime.
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| Jackson Plaza Homeowners Assn. v. Alcal Roofing & Insulation, A091787,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 29, 2002, Filed
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Overview: The trial court erred in ruling on summary judgment that a homeowners association's action against a contractor was barred by the 10-year statute of limitations for actions to recover damages for latent construction defects.
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| Lopez v. Baca, No. B150228.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 29, 2002, Decided
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Overview: The owner of a club did not owe a duty to provide security guards to prevent a shooting, the injury in this case was unforeseeable as a matter of law.
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| P R Burke Corp. v. Victor Valley Wastewater Reclamation Auth., No. E028207.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 29, 2002, Decided
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Overview: Appellate court could review the entitlement to, as well as the amount of, the fees awarded in an appeal from a postjudgment order awarding attorney fees; the appeal would have been interlocutory until the amount of the fee award was determined.
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| People v. Sillas, No. BR41430,
APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, May 29, 2002, Decided , May 29, 2002, Filed
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Overview: Where defendant was charged with three crimes that classified as wobblers, the appellate court held that the felony, and not the misdemeanor statute of limitations, applied to crimes defined as wobblers; thus, the dismissal was reversed.
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| Ray v. Silverado Constructors, No. G027107.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 29, 2002, Decided
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Overview: In a tort action brought on behalf of decedent employee, triable issues of material fact precluded summary judgment; the project owner and the general contractor had a duty to close the road on which the decedent was killed.
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