California Court of Appeal - October 2001 Opinion Summaries

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Description Date Docket #

SMITH v. PACIFICARE BEHAVIORAL HEALTH OF CALIFORNIA, INC.

California Court of Appeal
Dispute Resolution & Arbitration, ERISA
The McCarran-Ferguson Act, 15 USC 1011 et seq., overrides the Federal Arbitration Act, 9 USC 1 et seq., and precludes its preemptive impact on Health...
10/25/2001 B142321

IN RE TOBACCO CASES II

California Court of Appeal
Injury & Tort Law
The remoteness doctrine, which bars negligence-based claims seeking recovery of damages from defendants who injure third parties for whom various...
10/25/2001 D035450

PEOPLE v. SAMUEL J.

California Court of Appeal
Criminal Law & Procedure, Evidence
Under Penal Code 777(c), hearsay evidence in juvenile probation revocation proceedings is admissible only if the testimony is reliable and if there is...
10/25/2001 A092914

PEOPLE v. SHADDEN

California Court of Appeal
Criminal Law & Procedure
The movement of a victim nine feet is sufficient to support a conviction for kidnapping to commit rape under Pen. Code 209(b)(1).
10/25/2001 B147302

GORDON v. HAVASU PALMS, INC.

California Court of Appeal
Injury & Tort Law
While crashing is an inherent risk in flying airplanes, primary assumption of risk will not excuse an airport's violation of the Public Utilities Code...
10/25/2001 G022599

MCFADDEN v. VILLA

California Court of Appeal
Civil Rights
A plaintiff who wins his state law claim but loses his federal civil rights claim cannot obtain an award of attorney's fees under 42 USC 1988.
10/25/2001 E028151

ARENAS v. SAN DIEGO COUNTY BD. OF SUPERVISORS

California Court of Appeal
Government Benefits
A county ordinance that bars all persons convicted of drug-related felonies from obtaining general relief benefits conflicts with Welf. & Inst....
10/25/2001 D036354

LEWIS v. COUNTY OF SACRAMENTO

California Court of Appeal
Injury & Tort Law
Vehicle Code section 17004.7, which exempts law enforcement agencies from injuries resulting from car chases, applies when a pursuing officer hits and...
10/25/2001 C032865

ALCOTT REHABILITATION HOSP. v. SUPERIOR COURT OF LOS ANGELES COUNTY (SMITH)

California Court of Appeal
Civil Procedure, Injury & Tort Law
The insanity tolling provision in Code of Civil Procedure section 352 applies to the one-year limitation period in Code of Civil Procedure section...
10/24/2001 B147818

MEHRTASH v. MEHRTASH

California Court of Appeal
Bankruptcy Law, Property Law & Real Estate
Under the Uniform Fraudulent Conveyance Act, a creditor can only set aside a fraudulent transfer of property if she could reach the property but for...
10/24/2001 B146707
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