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| Korea Supply Co. v. Lockheed Martin Corp., B136410,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 18, 2001, Filed
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Overview: Federal foreign bribery law could be predicate for unfair competition action; allegation that military equipment corporation knew of competitor's expectancy and interfered through bribery and sexual favors was sufficiently pled.
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| People v. Truong, No. A091063.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 18, 2001, Decided
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Overview: Sentence enhancement for infliction of great bodily injury under circumstances involving domestic violence extended to injury to a third party; thus defendant's sentence enhancement for stabbing his wife's boyfriend was affirmed.
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| Fairchild v. Park, No. B133570.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 19, 2001, Decided
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Overview: The tenants could recover attorney's fees because the implied covenant of habitability was independent of the covenant to pay rent, and the parties could not broaden the statutory definition of costs to include expert witness fees.
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| In re Eduardo C., No. B142094.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 19, 2001, Decided
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Overview: Appellant who pled guilty to the crime of battery on a school ground was not required to register with the local police department as a gang member.
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| Paclink Communications Internat. v. Superior Court, No. B149318.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 19, 2001, Decided
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Overview: Members of a limited liability corporation (LLC) did not have standing to sue on a claim that the assets of the LLC were fraudulently transferred, as the claim should have been brought as a shareholder derivative action.
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| Pearl v. Workers' Comp. Appeals Bd., No. S090553.,
SUPREME COURT OF CALIFORNIA, July 19, 2001, Decided
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Overview: Determination whether former police officer's psychiatric disability was "industrial" should have been based upon definition in Public Employees' Retirement Law, not under workers' compensation law, so WCAB's decision was reversed.
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| People v. Dubon, No. B142170.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 19, 2001, Decided
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Overview: Denial of coram nobis was proper because the evidence was sufficient to meet the burden of proof and rebut the statutory presumption that the defendant was not properly advised that his nolo contendere plea could result in deportation.
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| People v. Mitchell, No. S090791.,
SUPREME COURT OF CALIFORNIA, July 19, 2001, Decided
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Overview: Where criminal abstract of judgment omitted orally imposed fines and assessments, appeals court could have ordered trial court to correct abstract without request from either party.
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| People v. Schofield, No. B149435.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, July 19, 2001, Decided
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Overview: A warrantless misdemeanor DUI arrest for an offense not committed in the officer's presence was a circumstance requiring immediate arrest to preserve the evidence of defendant's blood alcohol content.
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