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California Civil Procedure
California Appellate Court
Case Summaries
March  30, 2004

California Appellate Court
Case Law Case Summaries: March 30, 2004
2004/03/31 Wed PM 12:28:19 CST
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TABLE OF CONTENTS

ADMINISTRATIVE LAW, ATTORNEY'S FEES, LABOR & EMPLOYMENT LAW
* SAMPSON v. PARKING SERV. 2000 COM, INC.

ATTORNEY'S FEES, CIVIL PROCEDURE, INSURANCE LAW
* CANAL INS. CO. v. TACKETT

ATTORNEY'S FEES, CONSTRUCTION, CONTRACTS
* SUPERIOR GUNITE v. MITZEL

ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW
* LISKA v. ARNS LAW FIRM

AUTOS, CRIMINAL LAW & PROCEDURE
* FOLEY v. SUPERIOR COURT OF SAN DIEGO COUNTY (PEOPLE)

* PEOPLE v. SHAKHVALADYAN

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, PROPERTY LAW & REAL ESTATE
* GREENBRIAR HOMES CMTYS., INC. v. SUPERIOR COURT OF SAN JOAQUIN
COUNTY (COURIS)

CRIMINAL LAW & PROCEDURE
* PEOPLE v. POWERS

* PEOPLE v. LEWIS

DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, LABOR & EMPLOYMENT LAW
* SAETA v. SUPERIOR COURT OF LOS ANGELES COUNTY (DENT)

FAMILY LAW
* EHRENCLOU v. MACDONALD

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
* SALAZAR v. DIVERSIFIED PARATRANSIT, INC.

INSURANCE LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
* CALIFORNIA INS. GUAR. ASS'N v. WORKERS' COMP. APPEALS BD.
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ADMINISTRATIVE LAW, ATTORNEY'S FEES, LABOR & EMPLOYMENT LAW

SAMPSON v. PARKING SERV. 2000 COM, INC., No. B163735 (Cal. 2d App.
Dist. March 30, 2004)
The term "civil action" in Labor Code section 1194 means only
actions filed in court, not administrative proceedings before the
Labor Commissioner to recover overtime wages. Because plaintiff
elected to pursue his administrative remedy, his right to recover
attorney fees is governed by section 98.2(c).

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b163735.pdf


ATTORNEY'S FEES, CIVIL PROCEDURE, INSURANCE LAW

CANAL INS. CO. v. TACKETT, No. C044357 (Cal. 3d App. Dist. March 30,
2004)
District court erred in awarding plaintiff attorney fees from
interest that had accrued on interpleader funds it deposited with
the court. If plaintiff wanted to recoup its attorney fees and
costs, Code of Civil Procedure section 386 required it to make its
desires known before being discharged from liability so that a fee
award could be made from the amount deposited in the interpleader
account.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c044357.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c044357.pdf


ATTORNEY'S FEES, CONSTRUCTION, CONTRACTS

SUPERIOR GUNITE v. MITZEL, No. B158824 (Cal. 2d App. Dist. March 30,
2004)
Trial court's conclusion, based on a contract claim against
defendant, was incorrect because the parties were not in privity.
Plaintiff is entitled to contractual interest and attorney fees only
on the $7,015 award for breach of the subcontract.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b158824.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b158824.pdf


ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW

LISKA v. ARNS LAW FIRM, No. A102926 (Cal. 1st App. Dist. March 30,
2004)
A client who loses a binding fee arbitration conducted per the
mandatory fee arbitration statute may file a subsequent action
against the attorney predicated on the same allegations of
misconduct or breach of contract that formed the basis of the fee
dispute; however, the client may not seek to recover as damages any
portion of the fee that the arbitrators awarded the attorney.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a102926.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102926.pdf


AUTOS, CRIMINAL LAW & PROCEDURE

FOLEY v. SUPERIOR COURT OF SAN DIEGO COUNTY (PEOPLE), No. D043155
(Cal. 4th App. Dist. March 30, 2004)
Vehicle Code sections dealing with speed contests and exhibitions
are complimentary to San Diego Municipal Code section 52.5203(a),
which criminalizes spectatorship at such activities.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d043155.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043155.pdf


AUTOS, CRIMINAL LAW & PROCEDURE

PEOPLE v. SHAKHVALADYAN, No. B165445 (Cal. 2d App. Dist. March 30,
2004)
There was insufficient evidence to support defendant's felony
conviction for evading a peace officer in violation of Vehicle Code
section 2800.2. There was no substantial evidence that a siren was
sounded or that the officer wore a uniform.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165445.pdf


CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, PROPERTY LAW & REAL ESTATE

GREENBRIAR HOMES CMTYS., INC. v. SUPERIOR COURT OF SAN JOAQUIN
COUNTY (COURIS), No. C044210 (Cal. 3d App. Dist. March 08, 2004)
Reference provision in the real estate purchase contract is neither
procedurally nor substantively unconscionable, and the trial court
abused its discretion in not enforcing it against the original
purchasers based on the possibility of multiple lawsuits.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c044210.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c044210.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. POWERS, No. A103622 (Cal. 1st App. Dist. March 30, 2004)
A fishing boat operator who files a false fishing activity report
with the Department of Fish and Game may be prosecuted under Penal
Code section 115 for knowingly offering a false instrument to be
filed with a state public office.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a103622.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a103622.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. LEWIS, No. A098387 (Cal. 1st App. Dist. March 30, 2004)
Prosecutor did not commit misconduct by referring in questioning and
argument to defendant's failure to request a live lineup. Because
lineups do not implicate the right to remain silent, comment on the
failure to request a lineup is not prohibited.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a098387.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a098387.pdf


DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, LABOR & EMPLOYMENT LAW

SAETA v. SUPERIOR COURT OF LOS ANGELES COUNTY (DENT), No. B170305
(Cal. 2d App. Dist. March 30, 2004)
Statements made by a member of an employment termination review
panel during that panel's hearing are not protected by the
privileges of Evidence Code sections 703.5 and 1119, and the order
compelling him to testify does not violate his right to privacy
under the California Constitution. The proceeding, as constituted
pursuant to an employment contract, was neither an arbitration nor a
mediation.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b170305.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b170305.pdf


FAMILY LAW

EHRENCLOU v. MACDONALD, No. G032020 (Cal. 4th App. Dist. March 30,
2004)
Under California law, adults adopted under Colorado's adult adoption
statute do not qualify as "living lawful issue" of the person
adopting them.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g032020.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g032020.pdf


INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

SALAZAR v. DIVERSIFIED PARATRANSIT, INC., No. B142840, B144243 (Cal.
2d App. Dist. March 30, 2004)
Because AB 76, adopted while this case was pending, merely clarifies
Fair Employment and Housing Act (FEHA) section 12940, it applies
here; thus, an employer may be held liable under the FEHA for sexual
harassment by clients or customers. Remanded for further
proceedings.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b142840.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b142840.pdf


INSURANCE LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION

CALIFORNIA INS. GUAR. ASS'N v. WORKERS' COMP. APPEALS BD., No.
B161056 (Cal. 2d App. Dist. March 30, 2004)
The Employment Development Department's (EDD) lien for mistakenly
paid temporary unemployment compensation disability benefits is an
obligation to a state and is thus not a "covered claim" that
plaintiff is required to pay per Insurance Code section
1063.1(c)(4).

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b161056.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b161056.pdf

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FINDLAW DAILY OPINION SUMMARIES - March 30, 2004
CALIFORNIA APPELLATE DISTRICTS
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Opinion Summaries Archive September 2000 to the Present
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