California Court of Appeal - August 2003 Opinion Summaries

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Description Date Docket #

CZIRAKI v. THUNDER CATS, INC.

California Court of Appeal
Attorney's Fees, Corporation & Enterprise Law, Securities Law
In denying a minority shareholder's motion for attorney fees, the trial court erred in failing to apply the common fund and substantial benefit...
08/20/2003 B159413

PEOPLE v. GILBEAUX

California Court of Appeal
Criminal Law & Procedure, Sentencing
Because two janitors, who were employed by a cleaning company but occupied a store during a robbery, were in constructive possession of the property...
08/20/2003 B157983

D. E. v. SUPERIOR COURT OF ORANGE COUNTY (ORANGE COUNTY SOC. SERVS. AGENCY)

California Court of Appeal
Family Law, Juvenile Law
The rights of a child to a prompt resolution of his or her dependency proceedings outweigh any right of an incarcerated parent to be present at those...
08/20/2003 G032293

PEOPLE v. HERNANDEZ

California Court of Appeal
Criminal Law & Procedure
Although jury instructions regarding what an original aggressor or mutual combatant must do in order to claim self-defense were ambiguous, the error...
08/20/2003 E031875

BAKER-HOEY v. LOCKHEED MARTIN CORP.

California Court of Appeal
Attorney's Fees, Civil Procedure, Injury & Tort Law
Ordinary witness fees do not include a treating physician's reasonable and customary hourly or daily fees which must be paid under Code of Civil...
08/20/2003 E032995

FINNEY v. GOMEZ

California Court of Appeal
Civil Procedure, Judgement Enforcement, Property Law & Real Estate, Remedies
A default judgment award to plaintiff is void for lack of jurisdiction because plaintiff's complaint failed to give defendant notice of the type or...
08/20/2003 B157517

PEOPLE v. HODGSON

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
Defendant's sentence need not be reduced or vacated as constituting cruel and unusual punishment under the reasoning of People v. Dillon (1983) 34...
08/20/2003 B163795

PEOPLE v. COOKE

California Court of Appeal
Criminal Law & Procedure, Sentencing
The trial court erred in sentencing defendant to the midterm of three years upon revocation of probation as it had already imposed a four-year...
08/19/2003 C042092

MOORE v. WAL-MART STORES, INC.

California Court of Appeal
Injury & Tort Law, Property Law & Real Estate
Established California law imposes slip-and-fall liability only if the store owner had actual or constructive knowledge of the dangerous condition...
08/19/2003 F040016

M. PEREZ CO., INC. v. BASE CAMP CONDO. ASS'N NO. ONE

California Court of Appeal
Attorney's Fees, Construction, Contracts, Property Law & Real Estate
In cases where attorneys' fees are sought for the cost of underlying contract litigation, a prevailing party is entitled to attorneys' fees only if it...
08/19/2003 C039827
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