California Court of Appeal - July 2003 Opinion Summaries

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Description Date Docket #

HOBLITZELL v. CITY OF IONE

California Court of Appeal
Landlord Tenant Law, Injury & Tort Law
Public employees who commit tortious acts while acting outside their employer's jurisdiction and outside of their official duties may not be deemed to...
07/15/2003 C039919

RALPH'S GROCERY CO. v. CALIFORNIA DEPT OF FOOD AND AGRIC.

California Court of Appeal
Agriculture, Commercial Law
(Industry: Food & Beverage)

Business and Professions Code sections 12023 authorizes separate fines for each mislabled package of seafood. Penal Code section 654 does not prohibit...
07/15/2003 E031802

PEOPLE v. LIZARRAGA

California Court of Appeal
Criminal Law & Procedure
Claim that the trial court erred by failing to make a determination as to whether defendant should be committed to the California Rehabilitation...
07/15/2003 C041206

GOMEZ v. SUPERIOR COURT OF LOS ANGELES COUNTY (WALT DISNEY CO.)

California Court of Appeal
Civil Procedure, Injury & Tort Law
(Industry: Travel & Leisure)

An amusement park ride is a common carrier under Civ. Code section 2168, thus an order seeking to hold the operator of such a ride liable under two...
07/14/2003 B163651

CITY OF LONG BEACH v. DEPARTMENT OF INDUS. RELATIONS

California Court of Appeal
Construction, Government Law, Labor & Employment Law, Tax-exempt Organizations
When a city contributes its funds to a private non-profit organization for the specific purpose of constructing a facility to be used by the general...
07/14/2003 B159333

PEOPLE v. PIZARRO

California Court of Appeal
Criminal Law & Procedure, Evidence
Conviction of murder and forcible lewd or lascivious act on a child under age 14, and forcible rape are reversed where DNA evidence was inadmissible...
07/14/2003 F030754

M. W. v. PANAMA BUENA VISTA UNION SCH. DIST.

California Court of Appeal
Education Law, Injury & Tort Law
Defendant school district owed a special education student a duty of care to protect him from a foreseeable sexual assault in school bathroom by...
07/11/2003 F037618

PEOPLE v. SMITH

California Court of Appeal
Criminal Law & Procedure
Claims that 1) since defendant's incompetency predated the suspension of the criminal proceedings, his waiver of jury trial was not competently made,...
07/11/2003 F039752

PEOPLE v. GARVIN

California Court of Appeal
Criminal Law & Procedure
Although a defendant convicted of second degree murder is entitled to instruction on the effect of the victim's antecedent assaults on the...
07/11/2003 F040610

IN RE RETIREMENT CASES

California Court of Appeal
Government Benefits, Labor & Employment Law
In consolidated cases regarding employee retirement plans, maintained under the County Employees Retirement Law (CERL), issue arose whether items of...
07/11/2003 A097568, A097692, A097701, A097705, A097744, A097924, A098686
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