California Court of Appeal - November 2002 Opinion Summaries

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Description Date Docket #

CHEEK v. THE SUPERIOR COURT OF SANTA CRUZ (PEOPLE)

California Court of Appeal
Civil Procedure, Criminal Law & Procedure
Because each of three counties in which defendant committed offenses qualified as "the county in which the person was convicted of the offense for...
11/06/2002 H024218

PEOPLE v. EDMONTON

California Court of Appeal
Criminal Law & Procedure
The prosecution did not rely on a legally insufficient theory in establishing the element of duress required for a forcible offense under the Sexually...
11/06/2002 C036988

IMBLER v. PACIFICARE OF CALIFORNIA, INC.

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Health Law, Injury & Tort Law
The Federal Arbitration Act does not preempt Health and Safety Code section 1363.1 by operation of the McCarran-Ferguson Act, and arbitration...
11/06/2002 E030820

PEOPLE v. CLAVEL

California Court of Appeal
Civil Procedure, Criminal Law & Procedure, Sentencing
Where the record on appeal contains neither a motion to amend the abstract of judgment to correct the alleged miscalculation of presentence custody...
11/05/2002 A097338

MORRISON v. RUDOLPH

California Court of Appeal
Ethics & Professional Responsibility, Property Law & Real Estate, Sanctions
A malicious prosecution claim was not actionable where an underlying suit by a home buyer, for damages allegedly stemming from undisclosed...
11/05/2002 G028285

DIBBLE v. GOURLEY

California Court of Appeal
Administrative Law, Criminal Law & Procedure, Transportation
Appellant waived his objection to an arresting officer's unsworn reports by failing to appear at an administrative hearing, and in any event the...
11/04/2002 B156045

MARTINO v. WORKERS' COMP. APPEALS BD.

California Court of Appeal
Labor & Employment Law, Workers' Compensation
An employee's petition for reinstatement of vocational rehabilitation services was not barred by the statute of limitations under Labor Code section...
11/04/2002 B155646

PEOPLE v. BRAXTON

California Court of Appeal
Criminal Law & Procedure
Defendant presented a timely, specifically-grounded, oral motion for new trial based on juror misconduct, thus failure to hear the motion was error,...
11/04/2002 A096083

BUXBAUM v. AETNA LIFE AND CAS. CO.

California Court of Appeal
Insurance Law
Where a law firm made a claim under its business interruption insurance policy and did not -suspend operations- within the meaning of the policy, but...
11/01/2002 B146226

PEOPLE v. CHAGHOURI

California Court of Appeal
Remedies, Tax Law
The California Board of Equalization is not entitled to recover, as restitution, sums it expended in an investigation into defendant-s wrong doing...
11/01/2002 H023690
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