California Court of Appeal - May 2003 Opinion Summaries

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Description Date Docket #

TERRY v. GARCIA

California Court of Appeal
Injury & Tort Law
Where the alleged cause of plaintiff's injury was an act of negligence independent of the conduct that necessitated his response, assumption of the...
05/28/2003 C040100

DELGADO v. TRAX BAR & GRILL

California Court of Appeal
Injury & Tort Law, Property Law & Real Estate
(Industry: Food & Beverage)

Foreseeability evidence is insufficient to establish a duty on the part of a bar to prevent or intervene in the gang attack on plaintiff, thus...
05/28/2003 F040180

GAYTAN v. WORKERS' COMP. APPEALS BD.

California Court of Appeal
Administrative Law, Labor & Employment Law, Workers' Compensation
The WCAB's denial of plaintiff's disability is annulled and remanded where the workers' compensation administrative law judge (WCJ) should have...
05/28/2003 B162070

PEOPLE v. CIANCIO

California Court of Appeal
Criminal Law & Procedure, Health Law
Under Welfare and Institutions Code section 6602.5 and Penal Code section 4002(b), male alleged sexually violent predators under the Sexually Violent...
05/28/2003 B161077

PEOPLE v. RICH

California Court of Appeal
Criminal Law & Procedure, Sentencing
Appellate court's denial of defendant's petition for a writ of mandate is the law of the case and precludes defendant's appeal on the ground of...
05/28/2003 E031387

PEOPLE v. NORMAN

California Court of Appeal
Criminal Law & Procedure, Sentencing
Claims that 1) Penal Code section 273ab, the "child-homicide" statute, violates due process by requiring a 25-years-to-life penalty for a general...
05/28/2003 C039174

SHEFFIELD v. DEP'T OF SOCIAL SERVS. COUNTY OF LOS ANGELES

California Court of Appeal
Civil Rights, Constitutional Law, Labor & Employment Law
In a suit alleging same-sex sexual harassment in violation of Government Code section 12940, the issue of whether there was a hostile work environment...
05/27/2003 B161081

PEOPLE v. HARD

California Court of Appeal
Criminal Law & Procedure, Sentencing
Health and Safety Code section 11379.8, the "volume enhancement," applies to any substance containing methamphetamine which is produced, used, or to...
05/27/2003 A097349

PEOPLE v. CLELAND

California Court of Appeal
Criminal Law & Procedure
Trial court erred in admitting 1) an incriminating statement made in response to police questioning following arrest but prior to Miranda, and 2)...
05/27/2003 B143757

BLACK DIAMOND ASPHALT, INC. v. SUPERIOR COURT OF SAN JOAQUIN COUNTY (CALIFORNIA INS. GUAR. ASS'N)

California Court of Appeal
Civil Procedure, Contracts
Code of Civil Procedure section 395.5 permits venue in a county outside the contractually-specified county where the obligation plaintiff seeks to...
05/27/2003 C042660
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