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California Civil Procedure
California Appellate Court
Case Summaries
 April 09, 2004

California Appellate Court
Case Law Case Summaries: April 09, 2004
2004/04/09 Fri PM 02:26:31 CDT
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TABLE OF CONTENTS

ATTORNEY'S FEES, CONTRACTS, PROPERTY LAW & REAL ESTATE
* BLACKBURN v. CHARNLEY

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. DONAN

CRIMINAL LAW & PROCEDURE
* PEOPLE v. AVILA

EVIDENCE, INTELLECTUAL PROPERTY, PATENT, TRADE SECRETS
* JASMINE NETWORKS, INC. v. MARVELL SEMICONDUCTOR, INC.

FAMILY LAW, INDIAN LAW, JUVENILE LAW
* IN RE JACOB S.

GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW
* SALUS v. SAN DIEGO COUNTY EMPLOYEES RET. ASS'N

INJURY AND TORT LAW
* KIM v. S. SIERRA COUNCIL BOY SCOUTS OF AM.
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ATTORNEY'S FEES, CONTRACTS, PROPERTY LAW & REAL ESTATE

BLACKBURN v. CHARNLEY, No. B166080 (Cal. 2d App. Dist. April 08,
2004)
Properly admitted extrinsic evidence rendered the description of the
lots conveyed by the purchase agreements sufficiently definite for
enforcement; the court did not err in ordering specific performance,
or in awarding attorney's fees to plaintiffs as prevailing parties.

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CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. DONAN, No. B163471 (Cal. 2d App. Dist. April 08, 2004)
Trial court erred in calculating the presentence conduct credits to
which defendant, sentenced to life in prison without possibility of
parole, is entitled.

To read the full text of this opinion, go to:
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[PDF File]
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CRIMINAL LAW & PROCEDURE

PEOPLE v. AVILA, No. F042072 (Cal. 5th App. Dist. April 08, 2004)
Where a defendant suffers from a chronic condition causing pain and
associated symptoms but he or she is lucid, coherent and rational,
the trial court is not obligated to suspend criminal proceedings.
Here, the court fulfilled its limited obligation by reasonably
accommodating defendant's special needs to the extent practicable in
light of courtroom security considerations and other legitimate
constraints.

To read the full text of this opinion, go to:
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[PDF File]
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EVIDENCE, INTELLECTUAL PROPERTY, PATENT, TRADE SECRETS

JASMINE NETWORKS, INC. v. MARVELL SEMICONDUCTOR, INC., No. H023991
(Cal. 6th App. Dist. April 08, 2004)
Preliminary injunction, restraining use or disclosure of a
transcript of a conversation among defendant's officers and lawyers
that was inadvertently left on plaintiff's voicemail system, is
reversed. Refusal to review the voicemail's content on the basis of
Evidence Code section 915 was error; defendant waived its
attorney-client privilege by disclosing the information within the
meaning of section 912(a).

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/h023991.html
[PDF File]
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FAMILY LAW, INDIAN LAW, JUVENILE LAW

IN RE JACOB S., No. F044268 (Cal. 5th App. Dist. April 08, 2004)
Once the Department of Human Services makes the requisite showing of
its compliance with the notice requirements of 25 U.S.C. section
1912(a), any party claiming the Department did not do enough to
investigate the possibility that the child is Indian and thus
entitled to the protections afforded by the Indian Child Welfare Act
must raise that issue in the juvenile court for a hearing thereon.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/f044268.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f044268.pdf


GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW

SALUS v. SAN DIEGO COUNTY EMPLOYEES RET. ASS'N, No. D041608 (Cal.
4th App. Dist. March 11, 2004)
Because plaintiffs could not and did not receive cash for their
unused sick leave until they separated from county service, the sick
leave payments were not part of their "final compensation" within
the meaning of Government Code sections 31461 and 31461.2; thus,
defendant was not required to include the payments in calculating
their retirement benefits.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d041608.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041608.pdf


INJURY AND TORT LAW

KIM v. S. SIERRA COUNCIL BOY SCOUTS OF AM., No. F042967 (Cal. 5th
App. Dist. April 08, 2004)
The common law right to fair procedure does not apply to the
decision of whether or not to promote a member of the Boy Scouts to
the rank of Eagle Scout; there is no justification for expanding
existing law to encompass internal decisions that are unrelated to
exclusion or expulsion from membership.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/f042967.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f042967.pdf

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FINDLAW DAILY OPINION SUMMARIES - April 08, 2004
CALIFORNIA APPELLATE DISTRICTS
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Opinion Summaries Archive September 2000 to the Present
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