California Court of Appeal - November 2001 Opinion Summaries

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Description Date Docket #

PEOPLE v. VALENTINE,

California Court of Appeal
Criminal Law & Procedure
Threatened "hardship" is not a form of "duress" justifying convictions for forcible oral copulation and forcible penetration by a foreign object under...
11/21/2001 B109409

WALIA v. AETNA, INC.

California Court of Appeal
Labor & Employment Law
Non-compete clause that for six months prevents an employee from working for any competitor in the same state in which the employee worked for...
11/21/2001 A091221

SONGSTAD v. SUPERIOR COURT (NESTANDE)

California Court of Appeal
Elections
Under Elections Code 9105, only a proponent of a initiative has standing during the prequalification phase to seek an order requiring the county...
11/21/2001 D038503

PEOPLE v. ADAMS

California Court of Appeal
Criminal Law & Procedure, Elder Law
Penal Code section 368(b)(3)(A), enhancement for causing the death of a senior citizen, applies only to crimes of elder abuse and not to a charge of...
11/21/2001 D034838

STOGNER v. SUPERIOR COURT (PEOPLE)

California Court of Appeal
Criminal Law & Procedure
Penal Code 803(g) allows prosecution of child molestation offenses committed between 1955 and 1973 even if those actions were not viable at the time...
11/21/2001 A094828

PEOPLE v. RHOADES

California Court of Appeal
Criminal Law & Procedure
Penal Code section 1138.5, which provides that the trial judge need not be present while testimony previously received in evidence is read to the...
11/20/2001 C027664

PEOPLE v. GRAVES

California Court of Appeal
Criminal Law & Procedure
Evidence that defendant was under federal investigation at the time he entered his plea in state court and had his sentencing hearing delayed is...
11/20/2001 B146634

LUSHBAUGH v. HOME DEPOT U.S.A., INC.

California Court of Appeal
Constitutional Law
Owner of a stand alone warehouse-type retail establishment may designate certain areas for non-shoppers to engage in First Amendment related activity...
11/20/2001 B143326

FLYING DUTCHMAN PARK, INC., v. CITY AND COUNTY OF SAN FRANCISCO

California Court of Appeal
Tax Law
A party that wishes to challenge the validity of local (county and municipal) taxes, must first pay the tax and sue for a refund.
11/20/2001 A092504

TRAVELERS CAS. AND SUR. CO. v. AM. EQUITY INS. CO.

California Court of Appeal
Insurance Law
General rule of equitable contribution applies where two insurers had same insured, at same level of insurance and liability coverage, and with...
11/20/2001 A093081
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