California Court of Appeal - September 2001 Opinion Summaries

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Description Date Docket #

LEVY v. BLUM

California Court of Appeal
Civil Procedure
Code of Civil Procedure 128.5, and not section 128.7, applies to sanctions sought in actions filed prior to January 1, 1995 even if the underlying...
09/26/2001 F035332

PEOPLE v. BRISCOE

California Court of Appeal
Criminal Law & Procedure
Under the Provocative Act doctrine for murder, pistol-whipping a victim during a robbery attempt is an act beyond the underlying crime of robbery...
09/26/2001 A086570

PEOPLE v. MICHELE D.

California Court of Appeal
Criminal Law & Procedure
Under Penal Code 207(a), the abduction of a non-resisting infant or child without the knowledge or permission of the parent constitutes kidnapping...
09/26/2001 B143803

ANDRE v. CITY OF W. SACRAMENTO

California Court of Appeal
Attorney's Fees, Civil Procedure, Property Law & Real Estate
Under Code of Civil Procedure section 1036, a prevailing party in an inverse condemnation proceeding with a contingency fee agreement with his counsel...
09/25/2001 C034356

PEOPLE v. PATTERSON

California Court of Appeal
Criminal Law & Procedure
A custodial arrest for a fine-only misdemeanor offense, even if it violates California law, does not require the suppression of evidence obtained as a...
09/25/2001 B143582

PEOPLE v. GAITAN

California Court of Appeal
Criminal Law & Procedure
Pen. Code 12020(c)(7), which defines "metal knuckles" as "any device or instrument made wholly or partially of metal worn for purposes of offense or...
09/25/2001 E028064

GOEBEL v. CITY OF SANTA BARBARA

California Court of Appeal
Civil Procedure, Property Law & Real Estate
Code of Civil Procedure section 998 allows an award of expert fees in inverse condemnation proceedings even though it does not apply in eminent domain...
09/25/2001 B140899

CALIFORNIA TEACHERS ASS'N v. MENDOCINO UNIFIED SCH. DIST.

California Court of Appeal
Education Law, Labor & Employment Law
A school district which lays off a probationary teacher for economic reasons under Education Code section 44955 may thereafter validly decide not to...
09/24/2001 A093010

BUTLER v. HARRIS

California Court of Appeal
Constitutional Law, Family Law
Family Code 3104, which allows grandparent visitation rights, is not facially unconstitutional, but when a fit custodial parent opposes visitation,...
09/24/2001 D036144

LABORDE v. ARONSON

California Court of Appeal
Attorney's Fees, Civil Procedure
Code of Civil Procedure section 128.7 allows an award of sanctions for a self-representing attorney for expenses incurred in the defense of meritless...
09/21/2001 G022642
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