California Court of Appeal - January 2002 Opinion Summaries

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Description Date Docket #

MA v. CITY AND COUNTY OF SAN FRANCISCO

California Court of Appeal
Injury & Tort Law
The qualified immunity provided by Government Code Section 820.2 does not extend to 911 dispatchers, and thus the tort duty owed by government...
01/23/2002 A092105

MART v. SEVERSON

California Court of Appeal
Corporation & Enterprise Law
When making a fair value determination of a company-s liquidation value under Corporations Code section 2000, a court may neither require a party to...
01/23/2002 A095456

GAVALDON v. DAIMLERCHRYSLER CORP.

California Court of Appeal
Contracts, Consumer Protection Law
A service contract, supplementing the factory warranty accompanying a new car, is not an express warranty entitling the consumer to the replacement or...
01/23/2002 G026626, G027036

ROSS v. UNIVERSAL STUDIOS CREDIT UNION

California Court of Appeal
Bankruptcy Law
Federal law preempts a state claim for malicious prosecution that arose from a federal bankruptcy, where the plaintiff first sought Chapter 7...
01/23/2002 B146180

PEOPLE v. BORJA

California Court of Appeal
Criminal Law & Procedure, Sentencing, Immigration Law
After a defendant has served his complete probation period pursuant to a guilty plea, his sentence may not be altered on the record, nunc pro tunc, in...
01/23/2002 D038113

THOMAS v. GILLILAND

California Court of Appeal
Civil Procedure, Professional Malpractice
When a plaintiff voluntarily dismisses a timely-filed complaint, it is as if the action were never commenced, and the filing of the original complaint...
01/22/2002 B146508

PEOPLE v. NORIS

California Court of Appeal
Criminal Law & Procedure, Sentencing
Purported "aquittals" under Penal Code Section 1118 and 1118.2 do not apply to status-based, recidivist allegations such as prior prison term...
01/22/2002 B149731

VARGAS v. ATHENA ASSURANCE CO.

California Court of Appeal
Injury & Tort Law
An employer's auto insurance policy that excludes from coverage an employee who owns the insured vehicle will protect only the employer and not the...
01/22/2002 B146008

PEOPLE v. DYER

California Court of Appeal
Criminal Law & Procedure
A defendant who knifed, killed and attempted to eat a dog used "force or violence," as required by Penal Code Section 2962, subdivision (e)(2)(P), and...
01/22/2002 B147909

IN RE: WOODHAM

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
The imposition of monetary sanctions against a prison board for its violation of a judicial order for undue delay in hearing a habeus petition was...
01/22/2002 D037465
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