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| Account Management Associated v. Sanglimsuwan, B143601,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 15, 2001, Filed
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Overview: Without the creditor's signature, the stipulation was not enforceable, and the judgment entered in favor of the creditor on its action to foreclose on a trust deed on the debtor's residence was reversed.
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| Hirshfield v. Schwartz, No. B138714.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, August 15, 2001, Decided
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Overview: In encroachment action, trial court properly balanced equities under the relative hardship doctrine, and did not abuse discretion in denying injunction, giving defendants interest in the disputed areas, and ordering them to pay plaintiffs.
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| In re Marriage of Bryant, No. B145321.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 15, 2001, Decided
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Overview: Order granting mother primary physical custody, even though she planned to move out of state, was not an abuse of discretion; father had liberal visitation, mother was not acting in bad faith, and it was in children's best interest.
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| Bonta v. Friedman, No. B143552.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, August 16, 2001, Decided
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Overview: Birth defect was "injury" under statute providing for reimbursement of Medi-Cal benefits, so law firm violated statute when it did not pay state after settling medical malpractice case. Thus, grant of demurrer, without leave to amend, was error.
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| Lugtu v. Cal. Highway Patrol, No. S088116.,
SUPREME COURT OF CALIFORNIA, August 16, 2001, Decided
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Overview: Officer who pulled vehicle over to center median, where it was hit by a truck, could be liable for negligence under reasonable prudent person standard; duty of care was intended to protect from that risk, so officer's conduct was legal cause.
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| People v. Am. Contractors Indem. Co., No. B137602, No. B144246.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 16, 2001, Decided
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Overview: Since surety was not given proper notice of forfeiture, it had to be released from its bond obligation. Nothing in statute gave courts permission to consider prejudice in exonerating bond for failure to meet deadline.
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| Renee J. v. Superior Court, No. S090730.,
SUPREME COURT OF CALIFORNIA, August 16, 2001, Decided
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Overview: Statute permitting the juvenile court to deny reunification services where the risk of recidivism was a concern was not a violation of substantive due process.
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| People v. Britton, No. G025710.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 17, 2001, Decided
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Overview: Denial of motion to suppress and conviction for heroin possession were upheld; core elements of due process were not adversely affected by allowing prosecution to orally respond to the motion to suppress. Flight of two men justified stop.
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