California Court of Appeal - February 2002 Opinion Summaries

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Description Date Docket #

PEOPLE v. MONTES

California Court of Appeal
Criminal Law & Procedure
Because the 10-year street gang enhancement under Penal Code section 186.22(b) is ambiguous, the enhancement does not apply when the underlying felony...
02/27/2002 C036904

HIH MARINE INS. SERVS., INC. v. GATEWAY FREIGHT SERVS.

California Court of Appeal
Commercial Law, Injury & Tort Law, Insurance Law
Summary judgment dismissing plaintiff's subrogation action against defendant cargo handler was affirmed because defendant was entitled to offset a...
02/26/2002 A092356

DUBIN v. ROBERT NEWHALL CHESEBROUGH TRUST

California Court of Appeal
Property Law & Real Estate
Demurrer set aside because plaintiff adequately pleaded facts supportive of the theory that he is entitled to claim an easement appurtenant by...
02/26/2002 B146020

GOTSCHALL v. DALEY

California Court of Appeal
Civil Procedure
The mandatory dismissal provisions of Code of Civil Procedure section 473(b) only apply narrowly to defaults and dismissals "akin" to defaults.
02/26/2002 C036185

IN RE: MARRIAGE OF ALLEN

California Court of Appeal
Family Law
A wife's consent to the use of community funds to improve her husband's separate real property does not raise a presumption that the funds were a gift...
02/26/2002 B143248

PEOPLE v. VARGAS

California Court of Appeal
Criminal Law & Procedure
Because the defendant was unable to make the car move after gaining possession of it, he may not be convicted of the completed crime of carjacking...
02/25/2002 B146790

PEOPLE v. CRANEY

California Court of Appeal
Criminal Law & Procedure
Where defendant was convicted by a jury of misdemeanor child abuse, but the trial court dismissed the case finding that the evidence was insufficient...
02/22/2002 B149321

CITY OF REDLANDS v. COUNTY OF SAN BERNARDINO

California Court of Appeal
Environmental Law
Under the California Environmental Quality Act (CERCLA), amendments made by a county to its general plan relating to land use regulation must be...
02/22/2002 E028515, E028540

BORISSOFF v. TAYLOR & FAUST

California Court of Appeal
Civil Procedure, Professional Malpractice, Probate, Trusts & Estates
Executor lacked standing to maintain professional malpractice action against attorneys who allegedly gave negligent tax advice to the predecessor...
02/22/2002 A093450, A094395

TBG INS. SERVS. CORP.v. SUPERIOR COURT OF LOS ANGELES COUNTY (ZIEMINSKI)

California Court of Appeal
Cyberspace Law, Labor & Employment Law
Given an employee's consent to his employer's monitoring of work and home computers, which were issued by employer, the employee had no reasonable...
02/22/2002 B153400