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California Civil Procedure
California Appellate Court
Case Summaries
 May 12, 2004-PM

California Appellate Court
Case Law Case Summaries: May 06, 2004
2004/05/12 Wed PM 01:00:41 CDT
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TABLE OF CONTENTS

CONTRACTS, INTERNATIONAL TRADE
* KASHANI v. TSANN KUEN CHINA ENTER. CO., LTD.

CRIMINAL LAW & PROCEDURE, EVIDENCE
* PEOPLE v. MOREDA

CRIMINAL LAW & PROCEDURE
* PEOPLE v. MENDOZA

* PEOPLE v. CALHOUN

* PEOPLE v. VASQUEZ

* PEOPLE v. TAYLOR

EDUCATION LAW, LABOR & EMPLOYMENT LAW
* FRANZOSI v. SANTA MONICA CMTY. COLL. DIST.

FAMILY LAW
* K.M. v. E.G.

INJURY AND TORT LAW, INSURANCE LAW
* VALENTINE v. MEMBRILA INS. SERVS., INC.

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, SPORTS LAW, WORKERS' COMPENSATION
* VINE v. BEAR VALLEY SKI CO.

TAX LAW
* NOBLE v. FRANCHISE TAX BD.
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CONTRACTS, INTERNATIONAL TRADE

KASHANI v. TSANN KUEN CHINA ENTER. CO., LTD., No. B166041 (Cal. 2d
App. Dist. May 11, 2004)
Plaintiffs' breach of contract suit, seeking anticipated lost
profits from a failed computer-industry venture in Iran, fails
because the underlying agreement is illegal and against public
policy.

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

PEOPLE v. MOREDA, No. A098565 (Cal. 1st App. Dist. May 11, 2004)
Trial court did not err by refusing to exclude the challenged
evidence relating to murderer's hunting-related activities; the fact
that the judge who ruled on defendant's motion for a new trial did
not preside at the trial does not entitle him to a new trial.

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. MENDOZA, No. B166146 (Cal. 2d App. Dist. May 11, 2004)
Evidence is sufficient to support conviction for felony child
molestation. The requirement of entry into an "inhabited dwelling
house," as the term is used in Penal Code section 647.6(b), is
satisfied where the minor was propositioned from the porch of his
home.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166146.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. CALHOUN, No. A101034 (Cal. 1st App. Dist. May 11, 2004)
In a jury trial pursuant to the Sexually Violent Predator Act, the
defendant is entitled to six peremptory challenges per California
Code of Civil Procedure section 231(c). Neither state nor federal
due process or equal protection principles require that state law
provide such a defendant the same number of peremptory challenges as
in most criminal cases.

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. VASQUEZ, No. B170326 (Cal. 2d App. Dist. May 11, 2004)
Penal Code section 803(g) is not a revival statute, and permits
prosecution of sexual offenses with a juvenile victim within six
years of the offense or one year of the victim's report of the
offense, whichever is later.

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. TAYLOR, No. C045469 (Cal. 3d App. Dist. May 10, 2004)
Judgment in this criminal case is modified to reflect the imposition
of a series of minor fees, and remanded to determine the amount of
the court facilities surcharge.

To read the full text of this opinion, go to:
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[PDF File]
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EDUCATION LAW, LABOR & EMPLOYMENT LAW

FRANZOSI v. SANTA MONICA CMTY. COLL. DIST., No. B168749 (Cal. 2d
App. Dist. April 26, 2004)
The 39-month period during which plaintiff could request
reinstatement under Education Code section 87789 ran from the
effective date of his disability retirement, not from the date he
was deemed eligible for disability retirement.

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

K.M. v. E.G., No. A101754 (Cal. 1st App. Dist. May 11, 2004)
Plaintiff, who donated eggs so that her lesbian partner could bear a
child, does not qualify as a parent under the Uniform Parentage Act;
substantial evidence supports the finding that only the defendant
intended to bring about the birth of a child whom she intended to
raise as her own.

To read the full text of this opinion, go to:
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[PDF File]
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INJURY AND TORT LAW, INSURANCE LAW

VALENTINE v. MEMBRILA INS. SERVS., INC., No. B160568 (Cal. 2d App.
Dist. May 10, 2004)
A stipulated judgment containing a covenant not to execute cannot
create a presumption of liability or damages in a suit against a
negligent broker.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b160568.pdf


INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, SPORTS LAW, WORKERS' COMPENSATION

VINE v. BEAR VALLEY SKI CO., No. A099536, A099647 (Cal. 1st App.
Dist. May 11, 2004)
Trial court erred in refusing to instruct the jury on assumption of
risk where plaintiff's snowboard-jump injury was allegedly caused by
defendant's negligence; ski resort employees who are not covered by
workers' compensation for injuries sustained while participating in
recreational activity on their own initiative may not claim the
protection of Labor Code section 2801.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a099536.pdf


TAX LAW

NOBLE v. FRANCHISE TAX BD., No. B167881 (Cal. 2d App. Dist. May 11,
2004)
Notwithstanding their intention to move to Colorado in the future,
plaintiffs were residents of California for tax purposes at the time
that certain securities were sold resulting in capital gains.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b167881.pdf

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FINDLAW DAILY OPINION SUMMARIES - May 11, 2004
CALIFORNIA APPELLATE DISTRICTS
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Opinion Summaries Archive September 2000 to the Present
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