California Court of Appeal - January 2002 Opinion Summaries

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Description Date Docket #

LYNCH v. WARWICK

California Court of Appeal
Legal Malpractice
The actual innocence requirement for a criminal legal malpractice case applies regardless of whether the former criminal defendant is seeking damages...
01/16/2002 D035507

PEOPLE v. SCHLAGER

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant, who pled no contest to a series of crimes and agreed to a certain maximum possible sentence, must obtain a certificate of probable cause in...
01/16/2002 C036624

IN RE: MARRIAGE OF THORNTON

California Court of Appeal
Family Law
Under Family Code 4337, a waiver of the automatic termination of spousal support upon remarriage must be in writing and explicit and cannot be...
01/16/2002 B149529

PEOPLE v. MASON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Evidence that defendants were motivated by both the desire to rob and kill the victim is sufficient to support a felony-murder special circumstance...
01/15/2002 D035933

MACKINNON v. TRUCK INS. EXCH.

California Court of Appeal
Insurance Law
A commercial comprehensive general liability insurance policy pollution exclusion excludes coverage for a third party personal injury claim arising...
01/15/2002 E028662

PEOPLE v. WILSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Although Penal Code 451.1(a)(5) provides for a sentence enhancement if arson is committed by use of an accelerant, the opening words of the statute,...
01/15/2002 B151042

IN RE: VARNELL

California Court of Appeal
Criminal Law & Procedure, Sentencing
A trial court may use Penal Code 1385 to dismiss a prior conviction in order to enable an otherwise ineligible defendant to qualify for probation and...
01/15/2002 B153849

FERGUSON v. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

California Court of Appeal
Class Actions, Professional Malpractice
Prior to appointment of lead attorney as class counsel, there is no duty of the lead attorney to class members that have retained other counsel.
01/11/2002 A091877

PEOPLE v. LEGAULT

California Court of Appeal
Criminal Law & Procedure, Sentencing
Proposition 36, which allowed certain non-violent drug offenders to obtain treatment and probation instead of a sentence, does not apply where...
01/11/2002 E028707

CALIFORNIA TEACHERS' ASS'N v. GOVERNING BD. OF THE HILMAR UNIFIED SCH. DIST.

California Court of Appeal
Education Law
A one-time payment to teachers based upon at least one criterion that is neither years of training nor years of experience is not subject to the...
01/11/2002 F035738
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