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| Apt. Ass'n of Greater L.A. v. City of L.A., No. B144335.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 23, 2001, Decided
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Overview: The denial of a writ of mandate was affirmed because substantial evidence supported the city's finding that the permanent code enforcement program was categorically exempt from CEQA.
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| Hensley v. McSweeney, No. F029415.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 23, 2001, Decided
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Overview: Where escrow agent purchased property plaintiff had almost bought, correct measure of damages on fiduciary tort actions was out of pocket measure, not benefit of the bargain, so instructions giving jury choice of methods was reversible error.
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| Hous. Group v. United Nat. Ins. Co., No. A089555.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, July 23, 2001, Decided
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Overview: Partial judgment entered pursuant to settlement was void as no action had been filed or was pending at the time petition seeking entry of judgment was filed. Parties could not stipulate to subject matter jurisdiction as there was no controversy.
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| Lance Camper Mfg. Corp. v. Republic Indem. Co., No. B131976.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, July 23, 2001, Decided
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Overview: In an insurance bad faith and breach of contract action brought by an insured employer, the insured was not required to establish that insurer's conduct in setting reserves was inconsistent with what another reasonable insurer might do.
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| People v. Otto, No. S088807.,
SUPREME COURT OF CALIFORNIA, July 23, 2001, Decided
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Overview: The sexually violent predators act allowed the use of multiple-level hearsay to prove the details of the sex offenses for which the prisoner was convicted and did not deprive the prisoner of his rights under the due process clause.
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| People v. Toledo, No. S089957.,
SUPREME COURT OF CALIFORNIA, July 23, 2001, Decided
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Overview: There was a crime of attempted criminal threat in California, and it was not constitutionally overbroad or unconstitutional because it applied only to unprotected speech.
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| Saks v. Charity Mission Baptist Church, No. B082512, No. B092393.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 23, 2001, Decided
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Overview: Church was not liable for its pastor's actions in using church's name in real estate investment schemes; evidence showed that the pastor and developer were open about using church as front to get funds, and investor did not disapprove of plan.
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| Zamora v. Clayborn Contracting Group, Inc., F035221,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 23, 2001, Filed
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Overview: Error in offer of compromise making seller of road sign liable instead of buyer was properly analyzed, under reasonably prudent person standard, as a ministerial or clerical mistake; trial court did not abuse discretion in vacating judgment.
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