California Court of Appeal - January 2003 Opinion Summaries

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Description Date Docket #

MOSER v. RATINOFF

California Court of Appeal
Injury & Tort Law
The primary assumption of risk doctrine applies to an organized bicycle ride on public highways, and defendant's violation of provisions of the...
01/31/2003 B153258

PEOPLE v. WILLIAMS

California Court of Appeal
Criminal Law & Procedure
Magistrate's reduction of a felony charge to a misdemeanor under Penal Code section 17(b)(5) is not a dismissal under section 871, thus such action is...
01/31/2003 G028417/028422

SINDLER v. BRENNAN

California Court of Appeal
Bankruptcy Law, Civil Procedure
A petition in bankruptcy creates an automatic stay of all judicial proceedings against the debtor, and judicial proceedings in violation of the...
01/31/2003 G028817

AQUINO v. ASIANA AIRLINES, INC.

California Court of Appeal
Civil Rights, Contracts, Injury & Tort Law, Transportation
Neither the Warsaw Convention nor the Airline Deregulation Act of 1978 preempt claims alleging that an airline's refusal to let plaintiffs board a...
01/31/2003 A098122

PEOPLE v. HAYES

California Court of Appeal
Criminal Law & Procedure, Sentencing
A conviction under Penal Code section 452, for recklessly setting a fire, is not a qualifying crime justifying extension of commitment under...
01/31/2003 A099175

MACKEY v. BRISTOL WEST INS. SERVS. OF CALIFORNIA, INC.

California Court of Appeal
Contracts, Injury & Tort Law, Insurance Law
Notice of cancellation for "nonpayment of premium," issued at a point when an insured had not failed to discharge his premium payment obligation, was...
01/31/2003 A097492

PEOPLE v. GOLDBERG

California Court of Appeal
Criminal Law & Procedure
The trial court did not err in refusing to reinstate defendant's probation, as Penal Code section 1210.1(e)(3)(D) does not apply to a defendant who...
01/31/2003 A097650

PEOPLE v. SANCHEZ

California Court of Appeal
Criminal Law & Procedure, Sentencing
An order requiring defendant to register with a police department pursuant to Penal Code sections 186.30 and 186.32, the "gang registration" law, is...
01/31/2003 H023635

APPLE COMPUTER, INC. v. COUNTY OF SANTA CLARA ASSESSMENT APPEALS BD. (STONE)

California Court of Appeal
Property Law & Real Estate, Tax Law
The trial court did not err 1) in ordering the county assessor to complete an audit before issuing the statutorily mandated findings and notices, in...
01/31/2003 H023064

MANRIQUEZ v. GOURLEY

California Court of Appeal
Administrative Law, Criminal Law & Procedure
In overturning suspension of driving privileges, the trial court based its ruling on an incorrect interpretation of the regulation setting forth the...
01/31/2003 D039757