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California Civil Procedure
California Appellate Court
Case Summaries
 April 30, 2004-CDN

California Appellate Court
Case Law Case Summaries: April 30, 2004
2004/04/30 Fri PM 12:23:35 CDT
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TABLE OF CONTENTS

CRIMINAL LAW & PROCEDURE
* PEOPLE v. PARKS

TAX LAW
* PAINE v. FRANCHISE TAX BD.

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

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

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. TAYLOR

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California Appellate Districts
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CRIMINAL LAW & PROCEDURE
PEOPLE v. PARKS, No B165435 (Cal. 2d App. Dist. April 28, 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.

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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.

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To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102401.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.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/b163733.pdf

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.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/b167032.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:
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http://caselaw.lp.findlaw.com/data2/californiastatecases/d042152.pdf

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