| Description | Date | Docket # |
|---|---|---|
PEOPLE v. MONTESCalifornia 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 TRUSTCalifornia 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. DALEYCalifornia 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 ALLENCalifornia 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. VARGASCalifornia 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. CRANEYCalifornia 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 BERNARDINOCalifornia 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 & FAUSTCalifornia 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 |