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California Civil Procedure
California Appellate Court
Case Summaries
 April 29, 2004

California Appellate Court
Case Law Case Summaries: April 29, 2004
2004/04/29 Thu AM 11:47:59 CDT

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TABLE OF CONTENTS

ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, INTERNATIONAL LAW
* DIAL 800 v. FESBINDER

AUTOS, INJURY AND TORT LAW, INSURANCE LAW
* CUEVAS v. TRULINE CORP.

CRIMINAL LAW & PROCEDURE
* PEOPLE v. PARKS

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. TAYLOR

TAX LAW
* PAINE v. FRANCHISE TAX BD.

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ATTORNEY'S FEES, DISPUTE RESOLUTION & ARBITRATION, INTERNATIONAL LAW

DIAL 800 v. FESBINDER, No. B167032 (Cal. 2d App. Dist. April 28,
2004)
Defendants' private agreement to arbitrate their dispute before a
religious tribunal in Israel did not deprive the trial court of
subject matter jurisdiction, and the court erred in dismissing this
interpleader action on that basis. Certain defendants (who
previously challenged the court's personal jurisdiction over them)
had submitted to personal jurisdiction by seeking attorney fees
after the court's dismissal of the action on the basis of subject
matter jurisdiction.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b167032.pdf


AUTOS, INJURY AND TORT LAW, INSURANCE LAW

CUEVAS v. TRULINE CORP., No. B163733 (Cal. 2d App. Dist. April 28,
2004)
Negligence claim was improperly dismissed for fear of an
inconsistent verdict; the arbitrator's finding of defendants' one
percent fault did not bind the trial court and - given that the
court did not make mention of defendants in adopting the
arbitrator's award - was a nullity.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b163733.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b163733.pdf

CRIMINAL LAW & PROCEDURE

PEOPLE v. PARKS, No. B165435 (Cal. 2d App. Dist. March 29, 2004)
Defendant did not impliedly consent to conviction of a lesser
related offense. Having acquitted him of attempted murder and all
lesser included offenses, the trial court thereafter lacked
jurisdiction to convict him of attempted voluntary manslaughter.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b165435.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165435.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. TAYLOR, No. D042152 (Cal. 4th App. Dist. April 28, 2004)
Five-year prior serious felony sentence enhancement must be
stricken, because the jury specifically found that defendant did not
inflict great bodily injury in the commission of the charged
offenses, and there is no other basis for a finding that his current
offenses are serious felonies as required by Penal Code section
667(a)(1).

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d042152.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042152.pdf


TAX LAW

PAINE v. FRANCHISE TAX BD., No. A102401 (Cal. 1st App. Dist. April
28, 2004)
As former Revenue and Taxation Code section 17544 does not preclude
taxation of plaintiffs for the guaranteed payments they received
after becoming California residents, the trial court erred in
determining that they were entitled to a refund of the tax paid on
the guaranteed payments they received from their former employer.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a102401.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102401.pdf

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FINDLAW DAILY OPINION SUMMARIES - April 28, 2004
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:
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