California Court of Appeal - December 2001 Opinion Summaries

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Description Date Docket #

BALIKOV v. S. CALIFORNIA GAS CO.

California Court of Appeal
Public Utilities
Public Utilities Code section 799, subdivision (a)(4) preempts a claim against a utility that alleges it is unlawfully assessing surcharges and...
12/20/2001 B145610

PEOPLE v. BALDINE

California Court of Appeal
Criminal Law & Procedure
In case involving illegal possession of a police scanner where defendant claimed it was not working, jury did not impermissibly experiment during the...
12/20/2001 C037704

O'BYRNE v. SANTA MONICA HOSP. MED. CTR.

California Court of Appeal
Health Law
Under California contract law, medical staff bylaws adopted pursuant to California Code of Regulations, title 22, section 70703, subdivision (b), do...
12/20/2001 B143702

MORRIS v. BLANK

California Court of Appeal
Civil Procedure
In car accident case where parties sued each other in different courts, one party's settlement of her claim with the other party's insurer will not...
12/20/2001 B147087

DESERT HEALTHCARE DIST. v. PACIFICARE, FHP, INC.

California Court of Appeal
Health Law
The statutory nonwaiver clause under Health and Safety Code section Section 1371 of the Knox-Keene Act does not preclude a health insurer from...
12/20/2001 E026961

PEOPLE v. HIGHTOWER

California Court of Appeal
Criminal Law & Procedure
In murder case where defendant allegedly murdered his mother, juror's statement that a son could never kill his mother was a statement sufficient to...
12/20/2001 A081424

IN RE: SENA

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
A petition for a writ of habeas corpus attacking parole denial is a challenge to the length of sentence, and thus the proper venue is the court that...
12/20/2001 B153471

WOODMAN PARTNERS v. SOFA U LOVE

California Court of Appeal
Landlord Tenant Law
Under Code of Civil Procedure section 1161.1(c), a written lease provision which states that acceptance of partial payment of rent will not waive the...
12/19/2001 B151433

SWIDERSKI v. MILBERG, WEISS, BERSHAD, HYNES & LERACH, LLP

California Court of Appeal
Dispute Resolution & Arbitration
Mere initiation of the contractually imposed prearbitration procedures, without more, is not sufficient to exhaust or attempt to exhaust an...
12/18/2001 D036160

BETANCOURT v. STORKE HOUSING INVESTORS

California Court of Appeal
ERISA, Labor & Employment Law
ERISA does not preempt a state law claim under Civil Code section 3110 for a mechanic's lien filed for unpaid wages in a construction project, even if...
12/18/2001 B145835
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