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| City of Barstow v. Mojave Water Agency, No. S071728.,
SUPREME COURT OF CALIFORNIA, August 21, 2000, Decided
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Overview: A trial court must consider the affected owners' legal water rights when it resolved water right priorities in an overdrafted basin with a physical solution that relied on the equitable apportionment doctrine.
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| Cruz v. Homebase, No. B128058.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 21, 2000, Decided
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Overview: A punitive damages award against a department store was reversed, because the store did not ratify the malicious acts of an employee.
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| Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency, C029659, C031043,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 21, 2000, Filed
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Overview: A decision approving a redevelopment project proposed by the Town of Mammoth Lakes, California, was reversed because the redevelopment plan and accompanying environmental analysis failed to comply with governing law.
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| In re Marriage of Bonds, No. S079760.,
SUPREME COURT OF CALIFORNIA, August 21, 2000, Decided
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Overview: Appellant wife failed to meet burden of showing premarital agreement was involuntary though she was not represented by independent counsel, absent the presence of other factors including evidence indicating coercion or lack of knowledge.
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| In re Marriage of Pendleton & Fireman, No. S070018.,
SUPREME COURT OF CALIFORNIA, August 21, 2000, Decided
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Overview: Waiver of spousal support in premarital agreement executed by intelligent, educated, self-sufficient persons, who both had independent advice of counsel did not violate public policy and was not per se unenforceable.
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| Ortega v. K-Mart, Inc., B131083,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 21, 2000, Filed
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Overview: When plaintiff established a shoddy inspection practice by defendant merchant, the trier of fact could infer that the substance was on the floor long enough that a reasonable inspection would have led to its discovery.
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| People v. Marshall, B137038,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, August 21, 2000, Filed
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Overview: Conviction and sentence enhancement was upheld because the failure to instruct that the firearm use must have proximately caused death and the decedent could not have been an accomplice was harmless beyond a reasonable doubt.
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| People v. Phillips, No. B130959.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 21, 2000, Decided
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Overview: Where mentally retarded defendant, who was convicted of second degree robbery, knew what he was doing was wrong, there was no basis for concluding that he lacked the capacity to commit robbery.
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| Kirkorowicz v. Cal. Coastal Com, No. D034287.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 22, 2000, Decided
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Overview: Landowners were not entitled to receive coastal development permit to expand horse stables and boarding facilities on their property, because property contained jurisdictional wetland entitled to protection by the California Coastal Act.
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| People v. Steele, No. B134069.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 22, 2000, Decided
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Overview: Since assault with a firearm could be committed without defendant brandishing such weapon, brandishing was not lesser included offense to assault with firearm. Aggravating factors supported trial court's sentence of high term.
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