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State Courts -
California - May 20 - May 21, 2008
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Devonwood Condominium Owners Assn. v. Farmers Ins. Condominium Owners Assn., A116302,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 20, 2008, Filed
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Overview: In confirming an appraisal award in a fire insurance coverage dispute, a trial court exceeded its authority under Code Civ. Proc., ? 1287.4, when it awarded a sum to the insured; the appraisal panel, in keeping with the policy limitations contemplated by Ins. Code, ? 2071, did not decide liability issues but merely determined replacement costs.
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People v. Wardell, H031285,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 20, 2008, Filed
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Overview: Evidence of menace was sufficient to make a charge of false imprisonment a felony under Pen. Code, ?? 236, 237, even though defendant did not point or expressly threaten to use his gun, because defendant continuously and openly held the gun throughout the imprisonment, clearly implying a threat to use the gun if the victim did not comply.
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In re Damien V., G038495,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 21, 2008, Filed
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Overview: Because Pen. Code, ? 186.22, subd. (d), applied to juveniles as well as adults, a juvenile court did not err in overruling defendant juvenile's demurrer in a case in which he was alleged to have committed an act of gang-related vandalism.
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Katosh v. Sonoma County Employees' Retirement Assn., A115094,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 21, 2008, Filed
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Overview: Retiring employee's accrued sick leave and vacation, taken while in active pay status after she stopped working, were regular compensation under Gov. Code, ? 31724, and the last day for which she received regular compensation was the day after she exhausted accrued sick leave and vacation; consequently, that date was her effective retirement date.
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People v. Superior Court, F054353,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 21, 2008, Filed
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Overview: Dismissal of a special circumstance as a discovery sanction was improper in a capital murder trial because law enforcement's untimely disclosure was not a Brady violation, as required for dismissal under Pen. Code, ? 1054.5, subd. (b). A finding of materiality was not supported, given that case was continued after disclosure during jury selection.
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Santillan v. Roman Catholic Bishop of Fresno, B194219,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 21, 2008, Filed
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Overview: In child sex abuse case, parishioners raised a triable issues as to whether the entity operating the parish was on notice of abuse by a cleric, for purposes of revival under Code Civ. Proc., ? 340.1, subd. (b)(2), because cleric's housekeeper did not deny knowledge and apologized. Cardinal testified that he would have expected her to tell someone.
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