CRIMINAL LAW
People v. Samples
S112201 (D039196) 104 Cal.App.4th 128
Petition for review after dismissal of appeal. Question presented: Were the People properly denied the right to appeal from a trial court's determination that a prior conviction did not qualify as a "strike" offense on the ground, under Penal Code §1238, that the order preceded a grant of probation? 2/25/03
CIVIL LITIGATION
Vedanta Society of Southern California v. California Quartet, Inc.
S112816 (G027714) 103 Cal.App.4th 1200
Petition for review after reversal of order. Question presented: Under what circumstances may an appellate court apply a de novo standard of review in determining whether an action was sufficient to justify an award of attorneys' fees under the private attorney general doctrine (Code Civ Proc. §1021.5)? 2/25/03
CRIMINAL LAW
People v. Taylor
S112443 (A095412) 103 Cal.App.4th 1275
Petition for review after affirmance in part and reversal in part of judgment. Question presented: Does liability for second degree murder of a fetus require that the defendant have known that the woman he killed was pregnant? 2/19/03
CIVIL LITIGATION
Lewis Jorge Construction Management, Inc. v. Pomona Unified School District
S143162 (B143162) Unpublished
Petition for review after affirmance in part and reversal in part of judgment. Question presented: Do general damages recoverable from a public agency for breach of a construction contract include lost profits under future contracts resulting from impaired bonding capacity? If so, how are such damages to be proved? 2/19/03
CIVIL LITIGATION
Graham v. DaimlerChrysler Corporation
S112862 (B152928) Unpublished
Petition for review after affirmance of judgment. Question presented: Is the "catalyst theory" - permitting a fee award under fee-shifting statutes without a judgment in favor of the fee-seeking litigant - still valid doctrine in California following a recent U.S. Supreme Court decision abolishing the theory under federal law? 2/19/03
CRIMINAL LAW
In re Roberts
S112505 (B161777) 104 Cal.App.4th 151
Petition for review after denial of petition for writ of habeas corpus. Question presented: Should a habeas petition to the court of appeal for relief from a Board of Prison Terms denial of a parole date be heard in the district where the prison is located or in the district where the original sentencing decision was made? 2/11/03
