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California Civil Procedure
California Appellate Court
Case Summaries
 April 26, 2004

California Appellate Court
Case Law Case Summaries: April 26, 2004
2004/04/26 Mon PM 12:30:22 CDT
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TABLE OF CONTENTS

ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, LEGAL MALPRACTICE
* AGUILAR v. LERNER

CRIMINAL LAW & PROCEDURE, HEALTH LAW
* PEOPLE v. KONOW

JUVENILE LAW, SENTENCING
* IN RE RONNY P.

LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
* COUNTY OF SAN JOAQUIN v. WORKERS' COMP. APPEALS BD.

DISPUTE RESOLUTION & ARBITRATION
* INT'L ALLIANCE OF THEATRICAL STAGE EMPLOYEES v. LAUGHON
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Supreme Court of California
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ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, LEGAL MALPRACTICE
AGUILAR v. LERNER, No S099667 (Cal. April 22, 2004)
Once a client files a malpractice lawsuit against his or her former
attorney, the client waives any rights under the mandatory fee
arbitration act. Accordingly, the arbitration provisions of the retainer
agreement were properly deemed enforceable.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s099667.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s099667.pdf

CRIMINAL LAW & PROCEDURE, HEALTH LAW
PEOPLE v. KONOW, No S111494 (Cal. April 22, 2004)
The superior court may set aside an information under Penal Code
section 995 when the magistrate erroneously and prejudicially failed to
consider whether to dismiss a complaint in furtherance of justice under
section 1385, and thereby denied the defendant a substantial right
affecting the legality of the commitment.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s111494.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s111494.pdf

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California Appellate Districts
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JUVENILE LAW, SENTENCING
IN RE RONNY P., No B166593 (Cal. 2d App. Dist. April 22, 2004)
Ordering a minimum period of confinement as part of a camp placement
order is within the broad discretion afforded juvenile courts to make
dispositional orders and impose conditions under Welfare and
Institutions Code section 730.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166593.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166593.pdf

LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
COUNTY OF SAN JOAQUIN v. WORKERS' COMP. APPEALS BD., No C043812 (Cal.
3d App. Dist. April 22, 2004)
Board erred by construing the parties' settlement agreement to deny
employer credits that were a lawful, bargained-for provision of the
parties' compromise; the employer was entitled to the credits.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/c043812.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c043812.pdf

DISPUTE RESOLUTION & ARBITRATION
INT'L ALLIANCE OF THEATRICAL STAGE EMPLOYEES v. LAUGHON, No A101839
(Cal. 1st App. Dist. April 22, 2004)
Trial court erred in affirming the arbitration award because the
arbitrator had failed to disclose potential conflicts of interest as
required by statute, and defendant had not waived her objection on that
basis.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a101839.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101839.pdf

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FINDLAW DAILY OPINION SUMMARIES - April 22, 2004
CALIFORNIA CASE LAW SUMMARIES
http://findlaw.com
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
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