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State Courts -
California - August 13 - August 14, 2002
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Bay World Trading, Ltd. v. Nebraska Beef, Inc., No. A095036.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 13, 2002, Decided , August 13, 2002, Filed
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Overview: The trial court had inherent power to amend its statement of decision to award prejudgment interest where judgment had not yet been entered.
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Herberg v. California Institute of the Arts, No. B148834.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 13, 2002, Decided , August 13, 2002, Filed
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Overview: Where employee sued school for sexual harassment, alleging display of students' drawing created hostile work environment, alleged harassment was not sufficiently severe or pervasive to alter conditions of employment or create hostile environment.
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In re Marriage of Lynn, No. F038161.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 13, 2002, Decided , August 13, 2002, Filed
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Overview: In a family law matter, the trial court erred by failing to consider statutory factors and a discharged property settlement in determining the husband's support obligation.
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People v. Bernal, No. B154169.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 13, 2002, Decided , August 13, 2002, Filed
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Overview: Where defendant was convicted of driving under the influence of alcohol and causing great bodily injury, and he was required to pay the victim restitution, the written release the victim gave defendant's insurance carrier did not bar restitution.
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Friends of East Willits Valley v. County of Mendocino, No. A094872.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, August 14, 2002, Decided , August 14, 2002, Filed
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Overview: A county's decision to set aside agricultural use restrictions on land for the purpose of building low-income homes for Native Americans was supported by substantial evidence.
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Nairne v. Jessop-Humblet, No. D038803.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 14, 2002, Decided , August 14, 2002, Filed
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Overview: Beneficiary's proposed complaint, that alleged that the trustee and her late husband had orally agreed to give certain property to him so that property should not have been included in a family trust, would violate the no contest clause of the trust.
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Pfeiffer Venice Properties v. Bernard, No. B152966.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, August 14, 2002, Decided , August 14, 2002, Filed
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Overview: Trial court erred in determining that, having dismissed plaintiff's action at hearing on defendants' SLAPP motion, it was without jurisdiction to award defendants attorney fees; defendants were entitled to ruling on merits of their motion.
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