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Supreme Court of California - December 2003 Opinion Summaries

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Description Date Docket #
BONNELL v. MED. BD. OF CALIFORNIA
Supreme Court of California
Administrative Law, Government Law 
Once a petition for reconsideration has been filed, Government Code section 11521(a) allows the state agency to place a maximum 10-day stay on its... 		12/30/2003 S105798
SHIVELY v. BOZANICH
Supreme Court of California
Civil Procedure, Injury & Tort Law 
The discovery rule may not be employed to delay the accrual of a cause of action for defamation beyond the point at which the defamation is no longer... 		12/22/2003 S094467
PEOPLE v. SMITH
Supreme Court of California
Criminal Law & Procedure, Sentencing 
The doctrine of sentencing entrapment is rejected as inconsistent with California entrapment doctrine. Given that the conduct of the undercover... 		12/22/2003 S108309
EASTBURN v. REGIONAL FIRE PROT. AUTH.
Supreme Court of California
Health Law, Injury & Tort Law 
Public entities employing emergency dispatchers are not subject to direct liability for injury attributable in part to a dispatcher's failure or delay... 		12/18/2003 S107792
SAINT AGNES MED. CTR. v. PACIFICARE OF CALIFORNIA
Supreme Court of California
Contracts, Dispute Resolution & Arbitration, Health Law 
Bertero v. Superior Court (1963) 216 Cal.App.2d 213 is outdated and should be disapproved to the extent it holds that a party's repudiation of a... 		12/18/2003 S111323
PEOPLE v. PACIFIC BELL
Supreme Court of California
False Advertising, Public Utilities 
The California Public Utilities Commission (PUC) does not have exclusive jurisdiction over all actions against a public utility, and the mere... 		12/15/2003 S099131
BETANCOURT v. STORKE HOUS. INVESTORS
Supreme Court of California
ERISA, Labor & Employment Law 
ERISA does not preempt a mechanic's lien action under Civ. Code section 3110 brought by laborers to recover unpaid contributions to their employee... 		12/15/2003 S103942
SCHIFANDO v. CITY OF LOS ANGELES
Supreme Court of California
Labor & Employment Law 
An employee need not exhaust both the administrative remedy that the California Fair Employment and Housing Act provides and the internal remedy that... 		12/01/2003 S106660
PEOPLE v. STOWELL
Supreme Court of California
Criminal Law & Procedure 
A defendant who fails to object to the absence of an express finding of probable cause or docket notation will be precluded from appealing an HIV... 		12/01/2003 S108187
PEOPLE v. BUTLER
Supreme Court of California
Criminal Law & Procedure 
Since involuntary HIV testing is strictly limited by statute and Penal Code section 1202.1 conditions a testing order upon a finding of probable... 		12/01/2003 S107791

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