California Court of Appeal - December 2001 Opinion Summaries

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Description Date Docket #

SAMBRANO v. CITY OF SAN DIEGO

California Court of Appeal
Civil Procedure
The fiction that a trial court's failure to rule on evidentiary objections means the trial court has considered only admissible evidence does not...
12/06/2001 D036894

DUNCAN v. SPIVAK

California Court of Appeal
Professional Malpractice
Under Code of Civil Procedure section 340.5, a plaintiff does not "discover" the negligent cause of his injury when he experiences post-surgery pain,...
12/06/2001 F034907

IN RE: PAMELA C. MARTINEZ

California Court of Appeal
Criminal Law & Procedure, Sentencing
The time spent in prison between an original conviction and when the sentence was reversed is as "presentence" time under Penal Code section 4019...
12/05/2001 B150882

CALIFORNIA MED. ASS'N, INC.,

California Court of Appeal
Health Law
The statutory nonwaiver clause under Health and Safety Code section 1371 does not preclude a health insurer from delegating its duty to pay physicians...
12/05/2001 D036140

KAMEN v. LINDLY

California Court of Appeal
Securities Law
A defendant must have engaged in both the sale and/or offer to sell or buy and/or offer to buy securities, and make misleading statements for the...
12/05/2001 H021077

HUBNER v. HUBNER

California Court of Appeal
Family Law
A parent, as an extraordinarily high earner who admits an ability to pay any amount of child support, may not refuse to reveal his actual income where...
12/05/2001 B123203

ENGLISH v. IKON BUSINESS SOLUTIONS, INC.

California Court of Appeal
Civil Procedure
Code of Civil Procedure section 473(b), which requires a court to vacate a "default," "default judgment," or "dismissal" resulting from attorney...
12/04/2001 C037611

CALIFORNIA AMPLIFIER, INC. v. RLI INS. CO.

California Court of Appeal
Insurance Law
Liability under section 25500 for improper market manipulation requires a "wilful act" within the meaning of Insurance Code section 533 which...
12/03/2001 B146315

PEOPLE v. REYNOSO

California Court of Appeal
Criminal Law & Procedure
Prosecution's explanation that it excluded potential juror because she was a customer service representative and thus "poorly educated" is...
12/03/2001 F034873

GOLDEN EAGLE INS. CORP. v. ROCKY COLA CAFE, INC.

California Court of Appeal
Insurance Law
Insurance policy that excluded "employment-related" defamation claims does not exclude coverage for a defamation claim where supervisor for the...
12/03/2001 B146869
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