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California Court of Appeal - January 2005 Opinion Summaries

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Description Date Docket #
LONG BEACH v. WORKERS' COMP. APPEALS BD.
California Court of Appeal
Injury & Tort Law, Labor & Employment Law, Workers' Compensation 
To rebut the Labor Code section 3212.1 presumption, which presumes that cancer contracted by peace officers is caused by their employment, an employer... 		01/31/2005 B173437
MORAN v. MURTAUGH, MILLER, MEYER, & NELSON
California Court of Appeal
Civil Procedure, Injury & Tort Law 
To require security under Code of Civil Procedure section 391.1, the trial court need not conclude as a matter of law that the plaintiff has no... 		01/31/2005 G033102
STATE v. BANK OF AM. CORP.
California Court of Appeal
Contracts, Property Law & Real Estate 
Plaintiff's whistleblower action under the False Claims Act, alleging a failure to report reconveyance fees as escheated property under the California... 		01/31/2005 B172190
PENROD v. SAN BERNARDINO
California Court of Appeal
Constitutional Law, Government Law 
Ordinance No. 3875, which gives the County Board of Supervisors the power to remove the sheriff by a four-fifths vote, is facially constitutional. 		01/31/2005 E034908
ABF CAPITAL CORP. v. GROVE PROP. CO.
California Court of Appeal
Attorney's Fees, Contracts 
Civil Code section 1717, which prevents unfair litigation tactics through one-sided attorney fee provisions, applies to business entities as well as... 		01/31/2005 E035228
AM. FED'N v. METRO. WATER DIST.
California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law 
In a labor dispute, the grievance procedure of a memorandum of understanding is not an agreement to arbitrate. 		01/31/2005 B166179
LOCKHEED LITIGATION CASES
California Court of Appeal
Evidence, Injury & Tort Law 
In a suit alleging injuries caused by exposure to toxic chemicals, judgment in favor of defendants is affirmed over plaintiffs' challenge that the... 		01/31/2005 B166347
PEOPLE v. PERCELLE
California Court of Appeal
Criminal Law & Procedure, Sentencing 
A one-year enhancement for a prison prior is impermissible when the term for the prior conviction was stayed. 		01/31/2005 H026115
TRACI & MARX CO. v. LEGAL OPTIONS, INC.
California Court of Appeal
Civil Procedure, Judgement Enforcement 
The trial court erred in vacating a sister state default judgment obtained by plaintiff in Ohio where there was no basis to conclude that the Ohio... 		01/28/2005 B168877
ISRAEL-CURLEY v. CALIFORNIA FAIR PLAN
California Court of Appeal
Civil Procedure, Insurance Law 
Code of Civil Procedure section 340.9, which lifts the limitations bar on filing lawsuits against insurance carriers based on damages suffered in the... 		01/28/2005 B172194

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