Trial and Appellate Procedure

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.

Burlage v. Superior Court (2009) 178 Cal.App.4th 524 holds that superior court may review arbitration award based on arbitrator's exclusion of evidence on relevance grounds.  The Supreme Court denied review 5-2.  Wendy Lascher's comments are in Burlage article final.pdf.

Baylen v. Oxnard Manor (2009) [unpublished B208905] affirms order denying motion to compel arbitration of elder abuse case because signer did not have power of attorney for health care.

Nelson v. American Apparel (2008) [unpublished B205937] reverses order denying motion to compel arbitration of employment dispute because settlement agreement clearly provided for arbitration of disputes over violation.

Lanier v. Jay (2006) [unpublished B186113] reverses judgment based on court’s equitable findings in conflict with jury verdict because equitable ruling imposing punitive sanctions after jury denied punitive damages is tantamount to a violation of due process.

ECC Construction, Inc. v. Oak Park Calabasas Homeowners Assn. (2004) 122 Cal.App.4th 994 denies motion to dismiss because appeal on cross-complaint could not proceed 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 denies motion to dismiss appeal because Bankruptcy Code. §108(c) extends time for ruling on motion for new trial, and thus time for filing notice of appeal.

Personal Injury, Product Liability and Malpractice Law

Laabs v. Southern California Edison (2009) 175 Cal.App.4th 1260 holds plaintiff entitled to present further acts concerning utility's duty to locate light poles away from roadway.

Guidi v. Stryker Corporation (9th Cir. 2004) 120 Fed.Appx. 45 reversed summary judgment because statute of limitations did not begin to run until plaintiff had surgery that revealed defect in hip prosthesis.

Sirott v. State of California (2007) [unpublished B194114] upholds jury verdict for bicyclist based on dangerous “step” between road and shoulder.

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.

Family Law

In re Marriage of Pendleton and Fireman (2000) 24 Cal.4th 39 is the first California case to hold that spouses may waive spousal support in a properly drafted prenuptial agreement.

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.

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 where single attorney formalized the parties’ agreement after obtaining conflict waiver from both parties.

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) [depublished B108792 and B110750] upholds enforcement of out-of-state fraud judgment in favor of biological father against adoption lawyer who conspired to keep the father from challenging adoption.

Probate, Conservatorship and Guradianship Law

Estate of Burden (2007) 146 Cal.App.4th 1021 holds that son met burden to show that decedent held him out as decedent’s own child by proving decedent’s acknowledgments of son.

Finkbeiner v. Gavid (2006) 136 Cal.App.4th 1417 holds that nonattorney trustee of an inter vivos trust may appear in court in propria persona to modify and terminate the trust.

Guardianship of Elan E. (2000) 85 Cal.App.4th 998 reversed award of attorney fees to appointed counsel where no statutory authorization for award.

Parsons v. Parsons (1996) 49 Cal.App.4th 537 holds that probate court may not award family allowance against family trust.

Real Estate, Zoning, Land Use Law

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.

Sondermann Ring Partners Ventura Harbor v. City of San Buenaventura (2008) [unpublished  B195430, B197323] rejected CEQA challenge to City’s form-based zoning plan.

Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 747 upholds rights of landowners to develop property after City Council tried to overturn a favorable Planning Commission decision.

Government Law

Department of Highway Patrol v. Superior Court (2008) 158 Cal.App.4th 726 holds that motorcycle helmet tickets are ordinarily “fix-it” tickets though ruling did not apply to soft helmets motorcyclist had been repeatedly warned about.

Medrano v. Ventura County Flood Control Dist. (2001) [unpublished B143265] holds that equitable ruling on inverse condemnation claims did not obviate plaintiffs’ right to jury trial on claim for tort damages.

Business and Contract Law

Levinski v. Schmer (2004) [unpublished E033093] reverses awards of interest and punitive damages because no facts showed that plaintiff was damaged by alleged fraud.

Mission Bell Plaza v. Redevelopment Agency (2003) [unpublished B162358] reverses summary judgment based on presence of factual issues concerning materiality of contract breach and whether defendant waived or is estopped to demand performance.

Criminal Law

Proctor v. California (1992) 4 Cal.4th 499. aff'd sub nom. Tuilaepa v. California, 512 U.S. 967, 129 L.Ed.2d 750, 114 S. Ct. 2630 (1994). Wendy Cole Lascher argued this death penalty case to the United States Supreme Court.

People v. Holder (2009) is a parole proceeding in which Board of Parole Hearings granted parole date to inmate who has served more than double his minimum sentence.

In re Corona (2008) 160 Cal.App.4th 315 holds that paroled sex offender was not required to waive psychotherapist-patient privilege to allow his private psychotherapist to communicate with parole officer.

People v. Rosen  (2002) [unpublished B161343] orders defendant released from prison pending appeal (and charges subsequently dropped) based on new U.S. Supreme Court decision holding Penal Code provision violated statute of limitations.

Maritime Law

Ventura Packers v. Ingman (9th Cir. 2002) 305 F.3d 913 holds that if certain elements are present under Federal Maritime Lien Act, district court has admiralty jurisdiction.

Construction Law

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.

Labor and Employment Law

Taylor v. Lockheed Martin Corporation (2000) 78 Cal.App.4th 472 establishes 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).

Carroll v. Truthin Home Loans (2007) [unpublished G036532] reverses summary judgment for employee in part, allowing him to pursue claim for severance pay

Civil Rights Law

Malhiot v. Armstrong (2000) [unpublished B130769] held city’s misapplication of “community caretaking” exception to Fourth Amendment warranted damage award against city.

Insurance Law

Steinberg v. Prudential (1998) [unpublished B111401] overturned summary judgment for health insurer which refused to authorize the only treatment available to treat advanced ovarian cancer.

Intellectual Property Law

Board of Trustees v. Bello’s Sporting Goods (2003) [unpublished B151626] holds that Education Code prevents private retailer from using state university’s name for commercial purposes without the permission of the Board of Trustees. 

Amicus Curiae (friend of the court) Briefs

Wendy Lascher was the principal author of amicus curiae briefs in these cases:

Caperton v. A. T. Massey Coal Co. (2009) U.S. , 173 L.Ed.2d  1208, 129 S.Ct. 2252 [principal author of brief on behalf of  American Academy of Appellate Lawyers].

City of Hope National Medical Center v. Genentech (2008) 43 Cal.4th 375 [sole author of brief on behalf of The Academy of Applied Science].

Alan v. American Honda Motor Co., Inc. (2007) 40 Cal.4th 894 [principal author of brief on behalf of The California Academy of Appellate Lawyers].

Rojas v. Superior Court (2004) 33 Cal.4th 407 [coauthor of brief on behalf of Southern California Mediation Association].