A Legal and Business Portal-Home Page

California Civil Procedure
California Appellate Court
Case Summaries
March  25, 2004

California Appellate Court
Case Law Case Summaries: March 29, 2004
2004/03/30 Tue PM 12:07:17 CST

========================================================================
TABLE OF CONTENTS

CORPORATION & ENTERPRISE LAW
* KLINE HAWKES CALIFORNIA SBIC, L.P. v. SUPERIOR COURT OF LOS
ANGELES COUNTY (IDEALAB)

CRIMINAL LAW & PROCEDURE
* PEOPLE v. SUMAHIT

* OROZCO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE)

INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
* COLDWELL BANKER RESIDENTIAL BROKERAGE CO., INC. v. SUPERIOR COURT
OF SAN DIEGO COUNTY (SALAZAR)

PROBATE, TRUSTS & ESTATES
* VENTURA COUNTY DEP'T OF CHILD SUPPORT SERVS. v. BROWN
========================================================================

CORPORATION & ENTERPRISE LAW

KLINE HAWKES CALIFORNIA SBIC, L.P. v. SUPERIOR COURT OF LOS ANGELES
COUNTY (IDEALAB), No. B169199 (Cal. 2d App. Dist. March 29, 2004)
In a complaint for the involuntary dissolution of a corporation,
plaintiffs failed to correctly describe the equity of the
corporation for purposes of Corporations Code section
1800(a)(2)(iii), and thus have not been shown to hold shares
representing the requisite 33.33 percent of the corporation's
equity. Remanded with directions to sustain the demurrer with leave
to amend.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b169199.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b169199.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. SUMAHIT, No. C0434152 (Cal. 3d App. Dist. March 29, 2004)
A person who has been found to be a sexually violent predator is
precluded from challenging the sufficiency of the evidence that he
lacks the ability to control his behavior, where he refuses to be
interviewed by the state's experts with respect to the current
status of the mental abnormality that forms the basis of his
commitment.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/co43152.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/co43152.pdf


CRIMINAL LAW & PROCEDURE

OROZCO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE), No. B168989
(Cal. 2d App. Dist. March 29, 2004)
The Sexually Violent Predator Act lacks a jurisdictional requirement
that a recommitment order be obtained before the expiration of the
previous term, though it does require that the recommitment petition
be filed before then.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b168989.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168989.pdf


INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE

COLDWELL BANKER RESIDENTIAL BROKERAGE CO., INC. v. SUPERIOR COURT OF
SAN DIEGO COUNTY (SALAZAR), No. D042574 (Cal. 4th App. Dist. March
29, 2004)
A minor whose asthma was caused by toxic mold in the house where he
lived with his mother cannot state a cause of action against the
seller's broker; under Civil Code section 2079, the broker owes no
duty of care to persons who are not parties to the real estate
transaction.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d042574.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042574.pdf


PROBATE, TRUSTS & ESTATES

VENTURA COUNTY DEP'T OF CHILD SUPPORT SERVS. v. BROWN, No. B168108
(Cal. 2d App. Dist. March 29, 2004)
When there is an enforceable child support judgment that the trustee
refuses to satisfy, the trial court may order the trustee to satisfy
past due and ongoing support obligations directly from the trust,
per Probate Code section 15305(c).

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b168108.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168108.pdf

========================================================================
FINDLAW DAILY OPINION SUMMARIES
CALIFORNIA APPELLATE DISTRICTS
http://california.lp.findlaw.com/ca12_california_courts/appeal.html
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
http://caselaw.lp.findlaw.com/casesummary/index.html
========================================================================

Direct Link To California Court Self Help Center | Litigation And Court Forms Main Room |
The Answer Main Room  | The Answer Table of Contents  | CaliforniaCivilProcedure.Com Table of Contents 
California  Code of  Civil Procedure-Table of Contents | California Judicial Council Forms - Contract 
California Judicial Council Forms -Personal Injury | Judicial Council forms -Directory of Forms

back to top

_________________________
Have a BEAUTIFUL  DAY!!!!!

Copyright 2000  ™© CaliforniaCivilProcedure.Com™©

DISCLAIMER