California Court of Appeal - July 2003 Opinion Summaries

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Description Date Docket #

IN RE MARRIAGE OF BEREZNAK

California Court of Appeal
Dispute Resolution & Arbitration, Family Law
The parties' stipulation to engage in binding arbitration was void to the extent that it purported to deprive the court of jurisdiction to modify...
07/24/2003 H025176

IN RE VITAMIN CASES

California Court of Appeal
Antitrust & Trade Regulation, Attorney's Fees, Drugs & Biotech
(Industry: Food & Beverage)

In an antitrust class action lawsuit brought on behalf of direct purchasers of vitamins, an award of attorney fees and costs must be reversed and...
07/24/2003 A098354

PEOPLE v. SMITH

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Juvenile Law, Sentencing
A juvenile adjudication may be used as a strike, under Califronia's "Three Strikes" law, to enhance an adult offender's sentence notwithstanding the...
07/24/2003 B162023

KAUFMAN v. ACS SYS., INC.

California Court of Appeal
Class Actions, Commercial Law, Communications Law, Constitutional Law, Consumer Protection Law
A class action under the federal Telephone Consumer Protection Act of 1991, which regulates unsolicited "junk fax" advertisements, may be maintained...
07/22/2003 B155804, B156082

J. H. MCKNIGHT RANCH, INC. v. FRANCHISE TAX BD.

California Court of Appeal
Administrative Law, Asset Forfeiture, Civil Procedure, Government Law, Tax Law
Under principles of equity, the government is estopped from using a procedural barrier to defeat the recovery of tax money never owed but paid by...
07/22/2003 A098729

HASTINGS v. DEP'T OF CORR.

California Court of Appeal
Civil Rights, Labor & Employment Law
In a suit alleging discrimination on the basis of defendant's physical disability in violation of the California Fair Employment and Housing Act,...
07/22/2003 C041708

MARIE Y. v. GEN. STAR INDEM. CO.

California Court of Appeal
Attorney's Fees, Injury & Tort Law, Insurance Law, Professional Malpractice
Although defendant insurer breached its duty to defend insured for "dental incidents," it never had a duty to indemnify insured for suits arising from...
07/22/2003 C038907

PEOPLE v. BURNETT

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Sentencing
Conviction for animal cruelty and sentence of three years in state prison is affirmed over claims of insufficiency of evidence, erroneous instructions...
07/22/2003 H023393

PEOPLE v. HARDEN

California Court of Appeal
Criminal Law & Procedure, Sentencing
Convictions and sentences for murder, robbery, burglary and escape from jail are affirmed over claims that the trial court erred by instructing the...
07/21/2003 D040210

PEOPLE v. MITCHELL

California Court of Appeal
Constitutional Law, Criminal Law & Procedure
Though the trial court erred in permitting evidence that defendant had been identified in a canine scent identification lineup without first holding a...
07/18/2003 B151026
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