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State Courts -
California - July 29, 2009
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Lee v. Lee, F056107,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 29, 2009, Filed
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Overview: The sale of an interest in real property pursuant to an oral agreement was not invalid under the statute of frauds, Civ. Code, ? 1624, because the grantors subsequently executed and delivered a deed, which was valid as to the grantee, despite alterations; the deed was executed and delivered to the grantee before it was altered by a third party.
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People v. Castellanos, B210705,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 29, 2009, Filed
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Overview: Pen. Code, ? 1202.5, subd. (a), fine imposed against defendant convicted of felony petty theft was subject to additional penalty assessments, the state surcharge, the state court construction penalty, and two deoxyribonucleic acid penalties; court had to determine whether he had ability to pay the fine in light of all of his financial obligations.
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Salsedo v. California Dept. of Parks & Recreation, A122125,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, July 29, 2009, Filed
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Overview: Despite a cooperative arrangement between state and federal agencies to manage a park, the California Department of Parks and Recreation retained the authority under Pub. Resources Code, ?? 5001, 5003, to issue vehicle access permits; thus, the National Park Service was not an indispensable party under Code Civ. Proc., ? 389, to permit proceedings.
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White v. Cridlebaugh, F053843,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 29, 2009, Filed
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Overview: Contractor that performed work after its license had been suspended by operation of law upon the departure of a qualifying manager was required under Bus. & Prof. Code, ? 7031, subd. (b), to return all compensation that it had received under a construction contract, without reductions or offsets for the value of material or services provided.
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