A Legal and Business Portal-Home Page

California Civil Procedure
California Appellate Court
Case Summaries
 May 13, 2004-CDN

California Appellate Court
Case Law Case Summaries: May 06, 2004
2004/05/13 Thu PM 12:22:31 CDT
========================================================================
TABLE OF CONTENTS

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

CRIMINAL LAW & PROCEDURE
* PEOPLE v. MENDOZA

TAX LAW
* NOBLE v. FRANCHISE TAX BD.

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

CRIMINAL LAW & PROCEDURE
* PEOPLE v. CALHOUN

CRIMINAL LAW & PROCEDURE, EVIDENCE
* PEOPLE v. MOREDA

CRIMINAL LAW & PROCEDURE
* PEOPLE v. VASQUEZ

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

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

CRIMINAL LAW & PROCEDURE
* PEOPLE v. TAYLOR

EDUCATION LAW, LABOR & EMPLOYMENT LAW
* FRANZOSI v. SANTA MONICA CMTY. COLL. DIST.
========================================================================
-----------------------------------------------------------------------
California Appellate Districts
-----------------------------------------------------------------------
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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a099536.html

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

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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166146.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166146.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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b167881.html

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

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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166041.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166041.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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a101034.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101034.pdf

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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a098565.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a098565.pdf

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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b170326.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b170326.pdf

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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a101754.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101754.pdf

INJURY AND TORT LAW, INSURANCE LAW
VALENTINE v. MEMBRILA INS. SERVS., INC., No B160568 (Cal. 2d App. Dist.
May 11, 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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b160568.html

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

CRIMINAL LAW & PROCEDURE
PEOPLE v. TAYLOR, No C045469 (Cal. 3d App. Dist. May 11, 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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/c045469.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045469.pdf

EDUCATION LAW, LABOR & EMPLOYMENT LAW
FRANZOSI v. SANTA MONICA CMTY. COLL. DIST., No B168749 (Cal. 2d App.
Dist. May 11, 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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b168749.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168749.pdf

========================================================================
FINDLAW DAILY OPINION SUMMARIES - May 11, 2004
CALIFORNIA CASE LAW SUMMARIES
http://findlaw.com  hh 
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
http://caselaw.lp.findlaw.com/casesummary/index.html
========================================================================

Direct Link To California Court Self Help Center | Litigation And Court Forms Main Room |
The Answer Main Room  | The Answer Table of Contents  | CaliforniaCivilProcedure.Com Table of Contents 
California  Code of  Civil Procedure-Table of Contents | California Judicial Council Forms - Contract 
California Judicial Council Forms -Personal Injury | Judicial Council forms -Directory of Forms

_________________________
Have a BEAUTIFUL  DAY!!!!!

Copyright 2000  ™© CaliforniaCivilProcedure.Com™©