California Court of Appeal - June 2003 Opinion Summaries

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Description Date Docket #

IN RE MARRIAGE OF GRAHAM

California Court of Appeal
Family Law
Whether husband's eventual graduation from law school might have the effect of substantially enhancing his earning capacity is speculative, making...
06/20/2003 G029329

SANCHEZ v. CITY OF LOS ANGELES

California Court of Appeal
Civil Procedure, Ethics & Professional Responsibility
The trial court did not abuse its discretion in rejecting and dismissing plaintiffs' claim of impracticability, where the proffered reason for not...
06/19/2003 B157711

KIRKEBY v. SUPERIOR COURT OF ORANGE COUNTY (FASCENELLI)

California Court of Appeal
Attorney's Fees, Property Law & Real Estate
An action to set aside a fraudulent conveyance did not affect title to or the right to possession of specific real property so as to support a lis...
06/19/2003 G031262

CENTURY SURETY CO. v. UNITED PAC. INS. CO.

California Court of Appeal
Insurance Law
Where three primary insurers and one excess insurer included "other insurance" clauses in their policies, the excess insurer is liable to contribute...
06/19/2003 B150373

CANTON POULTRY & DELI, INC. v. STOCKWELL, HARRIS, WIDOM & WOOLVERTON

California Court of Appeal
Ethics & Professional Responsibility, Legal Malpractice, Workers' Compensation
When plaintiff was dismissed from a workers' compensation case by operation of law, whatever duties defendant, who had represented plaintiff in the...
06/18/2003 B152610

PEOPLE v. JOHNSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
A gang enhancement, Pen. Code section 186.22(b)(1), cannot be applied to counts carrying a life term (here second degree murder).
06/18/2003 B160112

PEOPLE v. RIVERA

California Court of Appeal
Criminal Law & Procedure
Substantial circumstantial evidence that the car was locked when the entry occurred, supports the finding necessary to a conviction for auto burglary,...
06/18/2003 D040216

BYARS v. SCME MORTGAGE BANKERS, INC.

California Court of Appeal
Property Law & Real Estate
Payment of a yield spread premium on a Federal Housing Administration insured loan, that has a cap of 1 percent on the loan origination fees that may...
06/17/2003 D040390

CITY OF MARINA v. BD. OF TRUSTEES OF THE CALIFORNIA STATE UNIV.

California Court of Appeal
Environmental Law, Government Law
Where a university under the law cannot pay for services required to mitigate environmental impacts of traffic and fire improvements because they were...
06/17/2003 H023158

WINDHAM AT CARMEL MOUNTAIN RANCH ASS'N v. SUPERIOR COURT OF SAN DIEGO COUNTY (PRESLEY COS.)

California Court of Appeal
Civil Procedure, Construction
The trial court erroneously granted a demurrer to plaintiff's breach of implied warranty claim in its construction defect action based on its finding...
06/17/2003 D040584
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