Appellate Cases

Civil Appellate Cases

People ex rel Department of Transportation vs. Jenkins (1996) 44 Cal.App.4th 306 [52 Cal.Rptr.2d 11], dealt with the issue of Klopping damages (Klopping v. City of Whittier (1972) 8 Cal.3d 39 [500 P.2d 1345, 104 Cal.Rptr.1]) against CalTrans for its delay in commencing real property condemnation proceedings. This case was ordered published by the Court of Appeal, 4th Appellant District, Division Two; superceded by an order from the Supreme Court ordering the case not published under Rules 976, 977, California Rules of Court.

Markley v. Superior Court (1992)  5 Cal.4th 738 [7 Cal.Rptr.2d 328], questioned whether the Bond and Undertaking Act (Code of Civil Procedure §995.010, et. seq.) provides the exclusive remedy for a bond imposed as a condition to expunging a lis pendence under Code of Civil Procedure §409.1.

Halterman v. United States Fidelity & Guarantee Co. (1990)  219 Cal.App.3d 1495 [269 Cal.Rptr. 363], sought to expand the tort remedies available to a building contractor against a surety bond for a public project.

Yamaha Motor Corp. v. Paseman (1990)  219 Cal.App.3d 958 [268 Cal.Rptr. 514], involved the limits of a manufacture’s ability to cross-complain for indemnity against the interests of an injured consumer’s family.

Criminal Appellate Cases

People v. Jackson (1991) 1 Cal.App.4th 697 [2 Cal.Rptr2d 308]; describing why a convicted defendant should not appeal every case.

People v. Perez (1989)  216 Cal.App.3d 1346 [265 Cal.Rptr. 400]; the sauce for the goose is sauce for the gander case.

People v. Provencio (1989) 210 Cal.App.3d 290 [258 Cal.Rptr. 330]; when an alibi becomes ‘Swiss Cheese.’