California Court of Appeal - January 2003 Opinion Summaries

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Description Date Docket #

ADOPTION OF CLARISSA H.

California Court of Appeal
Civil Procedure, Family Law
Under Family Code section 7894, a judgment terminating parental rights may not be reversed on the ground it was taken by default, rather, an appellate...
01/08/2003 D040365

PUNSLY v. HO

California Court of Appeal
Attorney's Fees, Civil Procedure, Family Law
Denial of attorneys' fees, incurred in a visitation dispute with paternal grandparents, was proper under the private attorney general theory of Code...
01/08/2003 D039312

PEOPLE v. MOORE

California Court of Appeal
Criminal Law & Procedure
Denial of a defendant's discovery motion under Murgia v. Municipal Court, 15 Cal.3d 286 (1975), is cognizable on appeal even though defendant pled...
01/08/2003 C038925

CALIFORNIA ADVOCATES FOR NURSING HOME REFORM v. BONTA

California Court of Appeal
Administrative Law, Government Benefits, Health Law
Plaintiffs produced sufficient evidence showing that Department of Health Services (DHS) policies interpreting federal and state statutes relating to...
01/08/2003 A097107

CATALINA CAR WASH, INC. v. DEP'T OF INDUS. RELATIONS

California Court of Appeal
Administrative Law, Insurance Law, Labor & Employment Law, Property Law & Real Estate, Workers' Compensation
An employer was insured as a matter of law against workers' compensation liability at the time of an inspection of its premises by the Division of...
01/08/2003 B155196

COUNTY OF LOS ANGELES v. STATE BD. OF EQUALIZATION (CITY OF LONG BEACH)

California Court of Appeal
Constitutional Law, Property Law & Real Estate, Tax Law, Transportation, Government Law
The State Board of Equalization correctly determined that cities' interests in rail transportation corridor properties were not taxable when acquired,...
01/07/2003 D038750

PEOPLE v. LINWOOD

California Court of Appeal
Constitutional Law, Criminal Law & Procedure
The crime of rape of an intoxicated person, Penal Code section 261(a)(3) does not violate constitutional principles of due process, and a jury...
01/07/2003 D038521

PEOPLE v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY (ISENHOWER)

California Court of Appeal
Administrative Law, Injury & Tort Law, Government Law
The trial court abused its discretion in relieving claimants from the six-month deadline to file a government claim under Gov. Code section 911.2,...
01/07/2003 C042168

PEOPLE v. DAVIS

California Court of Appeal
Criminal Law & Procedure, Sentencing
An order lifting a stay of a two-year prison sentence improperly deprived defendant of the benefits of Proposition 36, as the trial court's only...
01/07/2003 C040635

DENNY'S, INC. v. WORKERS' COMP. APPEALS BD.

California Court of Appeal
Injury & Tort Law, Insurance Law, Labor & Employment Law, Workers' Compensation
An employee's injury claim was outside a guarantor's indemnification responsibility, where the employer made the business decision to opt for...
01/07/2003 F039621
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