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| Baker v. Gourley, No. G028732.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 31, 2002, Decided
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Overview: The driver's license revocation statute required a valid chemical test of .08 percent or above to suspend a driver's driving privilege; circumstantial evidence without the test was insufficient to prove the blood alcohol content.
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| Basura v. U. S. Home Corp., No. B151131.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 31, 2002, Decided
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Overview: Where buyers sued builder for home design and construction defects, and court denied builder's petition to compel arbitration, state statute was preempted by FAA, and thus buyers could not invoke statute to avoid arbitration agreements.
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| Crawford v. Huntington Beach Union High Sch. Dist., No. G028752.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 31, 2002, Decided
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Overview: California Proposition 209, which applied to public education, forbade a school district's open transfer policy which had a racial and ethnic balance component.
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| Hackett v. John Crane, No. A092213, No. A093411.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 31, 2002, Decided
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Overview: When calculating a non-settling asbestos manufacturer's credit for settlement amounts an employee received from other defendants, ratio of economic to non-economic damages found by jury had to be applied to settlement proceeds.
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| Lopez v. C.G.M. Development, Inc., No. B150621.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 31, 2002, Decided , May 31, 2002, Filed
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Overview: Just because an employee was entitled to sue his employer for damages because the employer was not properly insured, this did not authorize the employee to sue the property owner, who was not to be held responsible for the employer's wrongdoing.
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| O'Connor Agency, Inc. v. Brodkin, G026504,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 31, 2002, Filed
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Overview: An advertising agency had a viable suit against an attorney for negligently failing to recover punitive damages in a lawsuit he brought on the agency's behalf.
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| Ortiz v. L.A. Police Relief Ass'n, No. B148574.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 31, 2002, Decided
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Overview: A discharged employee had no action for wrongful termination; she had a conflict of interest due to an intimate relationship with an inmate and access to confidential information about law enforcement personnel.
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| San Diego Watercrafts, Inc. v. Wells Fargo Bank, G025980,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 31, 2002, Filed
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Overview: Where supplemental declaration submitted by landlord and trustee in reply to assignee's answer to summary judgment motion was not in a separate statement, it was not admissible, and trial court erred in considering the evidence.
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