Beverly Hills Bar Association -- Trusts & Estates Section
Litigation Update (since January 21, 2003)
 

Ninth U.S. Circuit Court of Appeals

Arai v. American Bryce Ranches Inc. (Jan. 21, 2003) (No. 01-56405) Denial of motion to reopen time for appeal under Rule 4 of the Federal Rules of Appellate Procedure was an abuse of discretion where moving party met the technical requirements of the rule and sole ground for denial was district judge's view that appeal lacked merit.

Eminence Capital, LLC v. Aspeon, Inc. (Jan. 21, 2003) (No. 01-56728) Denial of leave to amend complaint was an abuse of discretion where denial was based on fact that there had been two prior amendments, even though prior amendments added substantial detail to plaintiff's claims rather than merely rehashing rejected allegations, plaintiffs alleged in apparent good faith that evidence needed to satisfy statutory pleading requirements would be forthcoming, and defendants failed to show prejudice.

California Court of Appeal

In re Marriage of Bellio (Jan. 21, 2003) (2nd Civil No. B156153, Second District) Provision in premarital agreement requiring husband to pay a lump sum to wife who waived any interest in husband's earnings and accumulations and in his separate property upon divorce did not violate public policy where sum was limited to approximate amount that wife would lose as result of termination of spousal support from previous marriage.

Robinson Helicopter, Inc. v. Dana Corporation (Jan. 24, 2003)(B150963, Second District) "Economic loss rule" bars plaintiff from recovering punitive damages for alleged fraud resulting from performance of contract rather than in the inducement.

Pederson v. Superior Court (Jan. 28, 2003)(B155839, Second District) Penal Code Sec. 1367.1, which provides that if treatment under the Lanterman Petris Short Act does not restore competence, a misdemeanor defendant is subject to the same proceedings as is a felony defendant thought to be incompetent to stand trial due to a mental disorder deprives misdemeanor defendants of the equal protection of the laws, since a felony defendant is not required to undergo evaluation and treatment under the LPS Act prior to a competency determination.

Dodge, Warren & Peters Insurance Services, Inc. v. Riley (Feb. 5, 2003)(E031719, Fourth District) Trial judge has discretion to grant injunction barring party from destroying, concealing, or altering materials pending ruling on whether they are discoverable.

McMahon v. Superior Court (Feb. 7, 2003)(B162625, Second District) Statute setting minimum notice of hearing on summary judgment motion makes no provision for shortening time, nor does court's constitutional authority to control its own docket permit it to shorten time in absence of legislative authorization.

Note: For free online access to California Appellate and Supreme Court decisions from 1934 to the present, go to www.findlaw.com/cacases . Registration is required.