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Case Summaries
March 09, 2004

California Appellate Court
Case Law Case Summaries:
March 09, 2004
California Appellate Court Opinions
Case Summaries -March 09, 2004
Date:2004/03/10 Wed PM 12:01:38 CST
[CAL-CASELAW]Daily Opinion Summaries for 2004/03/10

TABLE OF CONTENTS

CIVIL PROCEDURE, INJURY AND TORT LAW, MEDIA LAW, DEFAMATION
* LONG v. WALT DISNEY CO.

CONSTITUTIONAL LAW, TAX-EXEMPT ORGANIZATIONS
* CALIFORNIA STATEWIDE CMTYS. DEV. AUTH. v. ALL PERSONS INTERESTED
IN THE MATTER OF THE VALIDITY OF A PURCHASE AGREEMENT

FAMILY LAW, INDIAN LAW, JUVENILE LAW
* ALICIA B. v. SUPERIOR COURT OF SAN DIEGO COUNTY (SAN DIEGO COUNTY
HEALTH & HUMAN SERVS. AGENCY)

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
* PEBWORTH v. WORKERS' COMP. APPEALS BD.


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CIVIL PROCEDURE, INJURY AND TORT LAW, MEDIA LAW, DEFAMATION

LONG v. WALT DISNEY CO., No. B164750 (Cal. 2d App. Dist. March 09,
2004)

Case of The Day --*Discovery Rule does not apply to a mass publication
case*Plaintiffs’ sixth-grade yearbook photographs had been “morphed”—altered by
computer—into characters that were incorporated as fictional, cartoon-like characters
in a series of vignettes broadcast in Saturday morning children’s programming on ABC
television.  “Under the single-publication rule, with respect to the statute of limitations,
publication generally is said to occur on the ‘first general distribution of the publication
to the public.’  [Citations.] . . .  Under this rule, the cause of action accrues and the
period of limitations commences, regardless of when the plaintiff secured a copy or
became aware of the publication. ”  (Shively v. Bozanich, 31 Cal.4th at pp. 1245-1246.) 
The trial court granted defendants’ motion for summary adjudication on the ground that plaintiffs’
causes of action for the violation of the right of publicity, appropriation of likenesses, and intentional
infliction of emotional distress were time-barred. (Emphasis added) Summary Judgment affirmed **
Long v. Walt Disney Co.B164750 3/9/04 CA2/7 **Case of The Day Archives

The Uniform Single Publication Act governs plaintiffs' claims
concerning the use of their computer-altered childhood likenesses in
nationally broadcast children's television programming; accordingly,
their claims are barred by the statutes of limitations.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b164750.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b164750.pdf


CONSTITUTIONAL LAW, TAX-EXEMPT ORGANIZATIONS

CALIFORNIA STATEWIDE CMTYS. DEV. AUTH. v. ALL PERSONS INTERESTED IN
THE MATTER OF THE VALIDITY OF A PURCHASE AGREEMENT, No. C042944,
C042947, C042948 (Cal. 3d App. Dist. March 09, 2004)
Plaintiff's proposed "conduit financing" agreements, providing for
the issuance of tax-exempt bonds for the benefit of religious
schools owned and operated by non-profit religious corporations,
violate article XVI, section 5, of the California Constitution,
which prohibits grants to or in aid of various religious entities.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c042944.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c042944.pdf


FAMILY LAW, INDIAN LAW, JUVENILE LAW

ALICIA B. v. SUPERIOR COURT OF SAN DIEGO COUNTY (SAN DIEGO COUNTY
HEALTH & HUMAN SERVS. AGENCY), No. D043320 (Cal. 4th App. Dist.
February 19, 2004)
Juvenile court acted within its discretion in denying placement of
plaintiff's child with his grandmother, and in finding that the
Indian Child Welfare Act of 1978 did not apply.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d043320.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043320.pdf


INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION

PEBWORTH v. WORKERS' COMP. APPEALS BD., No. B169982 (Cal. 2d App.
Dist. March 09, 2004)
Recent amendments to Labor Code section 4646, permitting an employee
and employer to settle prospective vocational rehabilitation
services for a lump sum not to exceed $10,000, apply to injuries
occurring before their effective date.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b169982.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b169982.pdf


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