Daily Opinion Summaries for California Appellate Districts - 04/08/2011

Daily Opinion Summaries California Appellate Districts April 08, 2011 FindLaw.com Daily Opinion Summaries Newsletter Quick Links Cases & Codes Careers LawBrain Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents LATEST SUMMARIES Civil Procedure, Contracts, Probate, Trusts & Estates, Property Law & Real Estate • McMackin v. Ehrheart Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing • In re Russo Construction, Contracts, Insurance Law • Amer. Modern Home Ins. Co. v. Fahmian View FindLaw's new Case Summary Blog for California Case Law. FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. SPONSOR LATEST SUMMARIES Civil Procedure, Contracts, Probate, Trusts & Estates, Property Law & Real Estate McMackin v. Ehrheart, No. B224723 In an action which distills down to a Marvin claim based on a promise by decedent to leave a life estate in real property to her cohabitant, judgment of the trial court is affirmed because a claim that arises from an oral promise or agreement with a decedent for distribution from an estate is governed by CCP section 366.3, but may be subject to equitable estoppel, precluding a party from asserting the defense of laches where wrongdoing by that party induced another to forbear filing suit. Read more... Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing In re Russo, No. D057405 In a habeas challenge to the denial of parole to petitioner on the ground that he is not a suitable parole candidate, petition is denied where there is some evidence supporting decision that petitioner is currently dangerous to the public, and a three-year minimum denial period for parole consideration under PC section 3041.5 (b)(3), as amended, does not violate the prohibition against the imposition of ex post facto laws. Read more... SPONSOR Construction, Contracts, Insurance Law Amer. Modern Home Ins. Co. v. Fahmian, No. G042799 In an insurance dispute arising from an action to obtain reimbursement from defendant for payment on a policy limits in the absence of an express agreement, judgment of the trial court is reversed where the addition of a fact intensive inquiry into the sufficiency of the time to respond to a settlement advisement letter by trial court was erroneous. Read more... SPONSOR Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. Advertising Information For more information about advertising in FindLaw Newsletters, click here. 800 W. California Ave., Sunnyvale, CA 94086

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