California Court of Appeal - October 2002 Opinion Summaries

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Description Date Docket #

HAMILTON v. GOURLEY

California Court of Appeal
Administrative Law, Transportation
The DMV exceeded its jurisdiction in suspending plaintiff's commercial license for one year, because the statute under which it purported to act,...
10/31/2002 C038751

PEOPLE v. SUPERIOR COURT OF LOS ANGELES COUNTY (PLASCENCIA)

California Court of Appeal
Asset Forfeiture, Criminal Law & Procedure
When the determination of a claimant's standing to challenge a forfeiture is intertwined with the merits of the forfeiture proceeding, and turns upon...
10/31/2002 B152449

MILLER v. ELLIS

California Court of Appeal
Injury & Tort Law, Professional Malpractice
Where one of two co-tortfeasors is seeking equitable indemnification from the other for sums paid by an insurance company in settlement of the...
10/31/2002 A095705

SAAKYAN v. MODERN AUTO, INC.

California Court of Appeal
Civil Procedure
A statutory offer to compromise under Code of Civil Procedure section 998 is not extinguished by a judgment that is vacated by a subsequent order for...
10/31/2002 B146328

LEASEQUIP, INC. v. DAPEER

California Court of Appeal
Corporation & Enterprise Law, Professional Malpractice
An attorney is equitably estopped from asserting statute of limitations defense in legal malpractice lawsuit, when: 1) the attorney advised his...
10/31/2002 B152366

PAC. GAS AND ELEC. v. CITY OF OAKLAND

California Court of Appeal
Public Utilities, Tax Law
Summary adjudication and damage award for excessive taxes paid, in favor of plaintiff who challenged the constitutionality of City's business tax,...
10/31/2002 A095373

IN RE: L.T.

California Court of Appeal
Criminal Law & Procedure, Juvenile Law
Trash constitutes "property" under Penal Code section 451(d), and the crime of arson only requires proof that the property the minor burned did not...
10/30/2002 B156971

KEITEL v. HEUBEL

California Court of Appeal
Bankruptcy Law, Judgement Enforcement, Sanctions
In an appeal from an order permitting a judgment creditor to execute against property held in defendants' revocable trust, where defendants failed to...
10/30/2002 A095703

PEOPLE v. BARASA

California Court of Appeal
Criminal Law & Procedure
Penal Code section 1210.1, enacted by Proposition 36, which mandates probation in cases involving drug possession for personal use, does not extend to...
10/30/2002 D038830

NATURAL RESOURCES DEFENSE COUNCIL, INC. v. CITY OF LOS ANGELES

California Court of Appeal
Environmental Law
City failed to follow the dictates of the California Environmental Quality Act (CEQA) when it did not prepare a project-specific EIR that covered all...
10/30/2002 B159157