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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 01:56:36 CST(NL)
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TABLE OF CONTENTS

ATTORNEY'S FEES, CIVIL PROCEDURE, SANCTIONS
* OLMSTEAD v. ARTHUR J. GALLAGHER & CO.

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. SMITH

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

CRIMINAL LAW & PROCEDURE
* PEOPLE v. SUMAHIT

CRIMINAL LAW & PROCEDURE
* OROZCO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE)

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

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

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Supreme Court of California
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ATTORNEY'S FEES, CIVIL PROCEDURE, SANCTIONS
OLMSTEAD v. ARTHUR J. GALLAGHER & CO., No S113272 (Cal. March 29, 2004)
Code of Civil Procedure section 128.5, which authorizes sanctions
(including attorney fees) for litigation misconduct, does not apply to
conduct arising from a claim initiated after December 31, 1994.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s113272.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s113272.pdf

CRIMINAL LAW & PROCEDURE, SENTENCING
PEOPLE v. SMITH, No S108291 (Cal. March 29, 2004)
A registered sex offender who mails a change-of-address notice to the
police within five working days has fulfilled his statutory obligation
under Penal Code section 290(f)(1); the registrant has no duty to see
that the notification is actually received by the police.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s108291.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s108291.pdf

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California Appellate Districts
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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

To read the full text of this opinion, go to:[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

To read the full text of this opinion, go to:[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

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168989.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

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168108.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

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042574.pdf

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FINDLAW DAILY OPINION SUMMARIES - March 29, 2004
CALIFORNIA CASE LAW SUMMARIES
http://findlaw.com
Opinion Summaries Archive September 2000 to the Present
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