Proctor v. California (1992) 4 Cal.4th 499; aff'd sub nom. Tuilaepa v. California, 512 U.S. 967, 129 L.Ed.2d 750, 1994 U.S. LEXIS 5084, 114 S. Ct. 2630 (1994). Wendy Cole Lascher argued this death penalty case to the United States Supreme Court.
Ventura Packers v. Ingman (9th Cir. 2002) 305 F.3d 913, holds Federal Maritime Lien Act establishes statutory elements which, if present, give rise to federal admiralty jurisdiction.
Amelco v. City of Thousand Oaks (2002) 27 Cal.4th 278 holds that a construction contractor may not assert a total cost claim based on an abandonment theory against a public entity owner.
In re Marriage of Pendleton and Fireman (2000) 24 Cal.4th 39: The first California case to hold spouses may waive spousal support in a properly drafted prenuptial agreement.
Finkbeiner v. Gavid (2006) 136 Cal.App.4th 1417. Trustee of an inter vivos trust may appear in court in propria persona to modify and terminate the trust.
Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725; clarifies appealability of judgments on separately tried issues; upholds judgment invalidating zoning ordinance on preemption grounds.
ECC Construction, Inc. V. Oak Park Calabasas Homeowners Assn. (September 2004) 122 Cal.App.4th 994. Appellant could not appeal from judgment on cross-complaint while bankruptcy stay in effect as to judgment on complaint involving the same parties.
ECC Construction, Inc. V. Oak Park Calabasas Homeowners Assn. (2004) 118 Cal.App.4th 1031. Bankruptcy Code. sec 108(c) extends time for filing ruling on motion for new trial, and thus time for filing notice of appeal.
In Re Marriage of Garcia (2003) 111 Cal.App.4th 140; holds that defense of laches applies to child support arrearages where the underlying purposes of the statute regarding the needs of the children are being met.
Sanchez v. Hillerich Bradsby (2002) 104 Cal.App.4th 703; holds that although the game of baseball includes an inherent risk a player may be hit by a batted ball, where a bat increases the risk above that inherent level, a player does not as a matter of law assume the risk of being hit by a batted ball.
In re Marriage of Bower (2002) 96 Cal.App.4th 893; explains that court may find cohabitation, giving rise to presumption of reduced need for spousal support, if evidence establishes a change of circumstances concerning a spouse’s living arrangements.
In re Marriage of Egedi (2001) 88 Cal.App.4th 17; upholds marital settlement agreement with single attorney who obtained conflict waiver from both parties.
Guardianship of Elan E. (2000) 85 Cal.App.4th 998; reversed attorney fees to appointed counsel where no statutory authorization for award.
Taylor v. Lockheed Martin Corporation (2000) 78 Cal.App.4th 472; established that an employee of a private contractor on a federal military base has a cause of action under the California "whistle blower" act (Labor Code section 6310).
In Re Rich (1999) 73 Cal.App.4th 419 established that beneficiary is entitled to full pension benefits when QDRO payments stop after ex-spouse's death.
Kessel v. Leavitt (1998) (ordered de-published) upheld enforcement of out-of-state fraud judgment in favor of biological father against adoption lawyer who conspired to keep the father from challenging adoption.
Steinberg v. Prudential (1998; unpublished) overturned summary judgment for health insurer which refused to authorize the only treatment available to treat advanced ovarian cancer.
Parsons v. Parsons (1996) 49 Cal.App.4th 537 held that probate court may not award family allowance against family trust.
Cohan
v. City of Thousand Oaks (1994) 30 Cal.App.4th 747 upheld rights of landowners
to develop property after City Council tried to overturn a favorable Planning
Commission decision.
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