California Court of Appeal - June 2001 Opinion Summaries

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Description Date Docket #

LUND v. SAN JOAQUIN VALLEY R.R.

California Court of Appeal
Civil Procedure, Injury & Tort Law
The prevailing party in a Federal Employer's Liability Act claim, 45 USC 51 et seq., may obtain prejudgment interest for obtaining a judgment in...
06/28/2001 F034334

FISHER v. GIBSON

California Court of Appeal
Civil Procedure
Bare allegation that party opposing summary judgment cannot provide evidence because the evidence would incriminate him in a parallel criminal...
06/28/2001 B139450

COUNTY OF SAN LUIS OBISPO v. SUPERIOR COURT OF SAN LUIS OBISPO COUNTY (MUNARI)

California Court of Appeal
Civil Procedure, Property Law & Real Estate
In a takings action, a party loses standing once he loses title to property in foreclosure.
06/28/2001 B147202

PEOPLE v. BOLTER

California Court of Appeal
Criminal Law & Procedure, Sentencing
The retaliatory witness-killing special circumstance, under Penal Code section 190.2, subdivision (a)(10), applies whenever the victim was killed for...
06/28/2001 A092605

CONSTR. PROTECTIVE SERVS., INC. v. TIG SPECIALTY INS. CO.

California Court of Appeal
Insurance Law
Insurer had duty to defend its policy holder where policy holder sued third party and third party pled an offset in the answer rather than making a...
06/27/2001 B142811

DANA COMMERCIAL CREDIT CORP. v. FERNS & FERNS

California Court of Appeal
Civil Procedure
An appellate court has the inherent authority to impose sanctions for the making of a frivolous motion on appeal, in addition to sanctions for the...
06/27/2001 B133453

AGUILAR v. LERNER

California Court of Appeal
Dispute Resolution & Arbitration, Professional Malpractice
Client who sued attorney for malpractice may not seek protection from arbitration under the mandatory fee arbitration statutes because by filing suit...
06/26/2001 A091884

AM. EQUITY INS. CO. v. BECK

California Court of Appeal
Ethics & Professional Responsibility
Counsel who associate to concurrently represent clients do not owe each other a fiduciary duty. They only owe a duty of loyalty to the clients.
06/26/2001 A092221

GUNNING v. CAUDILL

California Court of Appeal
Contracts, Ethics & Professional Responsibility
An assignment from an heir to an heir hunter of part of heir's inheritance in exchange for information concerning the inheritance is valid and does...
06/26/2001 B145083

LeVINE v. WEIS

California Court of Appeal
Labor & Employment Law
The False Claims Act imposes wrongful termination liability on a governmental entity but not on individual supervisors acting for the governmental...
06/26/2001 B136973
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