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| Degrassi v. Cook, B136407,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, November 30, 2000, Filed
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Overview: Plaintiff could not bring a claim for damages against city and law firm for violation of her state constitutional right of free speech and her motion to amend her complaint to include a claim of civil conspiracy was moot.
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| Epstein v. Hollywood Entertainment Dist. II Business Improvement Dist., B134256,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, November 30, 2000, Filed
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Overview: State law that required all entities "created" by elected legislative bodies to hold open and public meetings applied to a private corporation, because the city "created" it by playing a role in bringing the corporation into existence.
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| Hi-Voltage Wire Works v. City of San Jose, No. S080318.,
SUPREME COURT OF CALIFORNIA, November 30, 2000, Decided
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Overview: City's program which required contractors bidding on city projects to include specified percentage of women and minority subcontractors or document efforts to do so violated state constitution.
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| Kawasaki Motors Corp. v. Superior Court, No. G026843.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, November 30, 2000, Decided
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Overview: Writ of mandate was issued reversing trial court's judgment, as trial court applied wrong standard of review in reversing motor vehicle board's decision to deny motorcycle dealership's protest to its termination by motorcycle manufacturer.
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| Maria D. v. Westec Residential Sec., No. B133742.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, November 30, 2000, Decided
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Overview: Summary adjudication was proper where employer could not be held liable under respondeat superior for alleged rape by security guard; assault was not within scope of employment, nor was misconduct foreseeable from nature of duties.
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| Morgan v. Regents of the Univ. of Cal., No. A087591.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, November 30, 2000, Decided
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Overview: Former employee offered no evidence demonstrating weaknesses in university's proffered legitimate reasons for not rehiring him such that trier of fact could find reasons unworthy of credence and infer them to be pretextual.
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| Pac. Gas & Elec. Co. v. Public Utils. Com, No. A089556.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, November 30, 2000, Decided
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Overview: Statute prohibiting public utilities from including any political advertising or literature with billing statements was facially unconstitutional, and public utility commission's order upholding the statute was reversed.
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| People v. Superior Court (gary), No. F034537.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, November 30, 2000, Decided
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Overview: Petition for writ of mandate from dismissal of petition to extend commitment of sexually violent predator was denied as the plain language of the statute required two concurring evaluations recommending extension of commitment.
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| Plut v. Fireman's Fund Ins. Co., No. B128620.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, November 30, 2000, Decided
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Overview: Adjustment of an award for breach of contract was reversed because the trial court did not err in reducing the damage award, but respondent was not entitled to reduction for the amount that respondent recovered from another insurer.
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| Thomas v. Gordon, No. B133413.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, November 30, 2000, Decided
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Overview: Claims of fraud and misrepresentation against accountant were properly dismissed where accountant's only failure was to decline to reveal corporate confidences to appellant, who had no shares or other interest in the corporations.
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