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Case Summaries
February 25, 2004

California Appellate Court
Case Law Case Summaries:
February 26, 2004
California Appellate Court Opinions
Case Summaries -February 26, 2004
Date: 2004/02/26 Thu PM 12:04:52 CST
[CAL-CASELAW]Daily Opinion Summaries for2004/02/26
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TABLE OF CONTENTS

AUTOS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. CHAVEZ

AUTOS, ETHICS & PROFESSIONAL RESPONSIBILITY, INJURY AND TORT LAW
* RICO v. MITSUBISHI MOTORS CORP.

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, INSURANCE LAW
* PEOPLE v. SENECA INS. CO.

CIVIL PROCEDURE, LABOR & EMPLOYMENT LAW
* WALKER v. LOS ANGELES COUNTY METRO. TRANSP. AUTH.

CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
* VERNON v. STATE OF CALIFORNIA

CLASS ACTIONS, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, MINING LAW,
UNFAIR COMPETITION LAW
* FRIEMAN v. SAN RAFAEL ROCK QUARRY, INC.

CONSTITUTIONAL LAW, CONSTRUCTION, GOVERNMENT CONTRACTS
* CORAL CONSTR., INC. v. CITY & COUNTY OF SAN FRANCISCO

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* PEOPLE v. BLACK

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. ORABUENA

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AUTOS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. CHAVEZ, No. D041385 (Cal. 4th App. Dist. January 30, 2004)
The Legislature acted rationally when it decided that individuals
who are addicted to illegal drugs or narcotics are not similarly
situated to individuals who are addicted to alcohol. Defendant,
convicted of DUI for the seventh time, was not denied equal
protection through the failure of Welfare and Institutions Code
section 3051 to include alcohol as a substance that can lead to
civil commitment rather than confinement in prison.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d041385.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041385.pdf


AUTOS, ETHICS & PROFESSIONAL RESPONSIBILITY, INJURY AND TORT LAW

RICO v. MITSUBISHI MOTORS CORP., No. E033616 (Cal. 4th App. Dist.
February 25, 2004)
In an SUV rollover case involving serious injuries and death, when
plaintiffs obtained, examined, disseminated, and used against the
defense certain notes that were clearly the confidential work
product of defense counsel, they acted in contravention of legal and
ethical standards. Defendants were thereby placed at a significant
disadvantage, warranting the trial court's disqualification order.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/e033616.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e033616.pdf


CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, INSURANCE LAW

PEOPLE v. SENECA INS. CO., No. B166414 (Cal. 2d App. Dist. February
25, 2004)
Sureties who move for an extension of the 185-day period in which a
criminal defendant can be returned to custody in order to avoid bail
forfeiture (per Penal Code section 1305.4) are not thereby afforded
an additional, automatic 30-day "breather." The fact that the
criminal defendant was returned to custody while the court still had
jurisdiction to hear this surety's motion did not entitle the
surety, absent a showing of good cause, to relief from the order of
forfeiture.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b166414.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166414.pdf


CIVIL PROCEDURE, LABOR & EMPLOYMENT LAW

WALKER v. LOS ANGELES COUNTY METRO. TRANSP. AUTH., No. B156420 (Cal.
2d App. Dist. February 25, 2004)
No appeal lies from an order denying a new trial. Plaintiff's notice
of appeal cannot be construed as an appeal from the judgment,
because it purported to appeal from the order denying a new trial
and specifically referenced that order.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b156420.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b156420.pdf


CIVIL RIGHTS, LABOR & EMPLOYMENT LAW

VERNON v. STATE OF CALIFORNIA, No. A101244 (Cal. 1st App. Dist.
February 25, 2004)
Defendant is not liable under the Fair Employment and Housing Act
for allegedly discriminatory adoption and enforcement of employment
regulations governing the use of respirators by employees with
facial hair. Plaintiff, a former firefighter terminated because
pseudofolliculitis barbae made it impossible for him to comply with
the new Berkeley Respiratory Protection Policy, was not employed by
defendant either directly or indirectly.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a101244.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101244.pdf


CLASS ACTIONS, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, MINING LAW,  UNFAIR COMPETITION LAW

FRIEMAN v. SAN RAFAEL ROCK QUARRY, INC., No. A101294 (Cal. 1st App.
Dist. February 24, 2004)
In this action alleging nuisance and violations of the Unfair
Practices Act, the denial of a motion for class certification of
Marin County residents living in the geographic vicinity of
defendant's mining operations is affirmed. Plaintiffs failed to
establish that a class action would be substantially beneficial.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a101294.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101294.pdf


CONSTITUTIONAL LAW, CONSTRUCTION, GOVERNMENT CONTRACTS

CORAL CONSTR., INC. v. CITY & COUNTY OF SAN FRANCISCO, No. A101842
(Cal. 1st App. Dist. February 24, 2004)
Plaintiff, intending to bid on city contracts and having regularly
bid on such contracts in the past, had standing to challenge the
constitutionality of a city ordinance affording preferential
treatment to minority- and women-owned businesses in bids for city
contracts. Plaintiff was not required to show an intention to bid on
a specific city contract in the near future.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a101842.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101842.pdf


CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

PEOPLE v. BLACK, No. B166421 (Cal. 2d App. Dist. February 25, 2004)
Defendant's nolo contendere plea may not be set aside even though it
was entered more than 60 days after the district court's conditional
order of release was entered. The fact that he had not been retried
within the time frame specified by the district court order is not a
ground for reversing the judgment.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b166421.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166421.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. ORABUENA, No. H025987 (Cal. 6th App. Dist. February 25,
2004)
The trial court has the discretion under Penal Code section 1385 to
dismiss a non-drug-use-related misdemeanor, of which defendant was
convicted in the same proceeding, that would otherwise render him
ineligible for the special sentencing provisions of the Substance
Abuse and Crime Prevention Act of 2000.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/h025987.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h025987.pdf

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FINDLAW DAILY OPINION SUMMARIES - February 11, 2004
CALIFORNIA APPELLATE DISTRICTS
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Opinion Summaries Archive September 2000 to the Present
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