California Court of Appeal - August 2003 Opinion Summaries

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Description Date Docket #

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

USS-POSCO INDUS. v. EDWARDS

California Court of Appeal
Civil Procedure, Injury & Tort Law, Labor & Employment Law
An employer subjected to generalized threats of workplace violence may obtain relief under Code Civ. Proc. section 527.8 on behalf of an employee who...
08/18/2003 A098484

BRAGG v. VALDEZ

California Court of Appeal
Health Law, Injury & Tort Law
A treating psychiatrist who releases a patient simply because that patient has no insurance, when the patient has been involuntarily committed under...
08/18/2003 B158819

MED. BD. OF CALIFORNIA v. SUPERIOR COURT FOR THE CITY AND COUNTY OF SAN FRANCISCO (LISKEY)

California Court of Appeal
Commercial Law, Ethics & Professional Responsibility, Health Law, Professional Malpractice
Business and Professions Code section 2354 does not permit disciplinary action against a physician's license to practice medicine based solely on the...
08/15/2003 A101128

PEOPLE v. SUPERIOR COURT OF LOS ANGELES COUNTY (VASQUEZ)

California Court of Appeal
Criminal Law & Procedure, Health Law
The trial court exceeded its jurisdiction in dismissing a Welfare and Institutions Code section 6601(a) petition to declare real party in interest a...
08/15/2003 B166963

JARAMILLO v. JH REAL ESTATE PARTNERS, INC.

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
In a negligence action alleging failure to remove toxic mold and breach of the implied warranty of habitability, the arbitration clause within the...
08/15/2003 H024665

PEOPLE v. FOSTER

California Court of Appeal
Constitutional Law, Criminal Law & Procedure
Conviction for burglary and grand theft are affirmed where defendant failed to show that his counsel rendered ineffective assistance and that...
08/15/2003 B162003

DURANT v. LOS ANGELES UNIFIED SCH. DIST.

California Court of Appeal
Constitutional Law, Education Law, Injury & Tort Law
In an action alleging breach of duty to supervise, the trial court erred by granting a nonsuit to defendant school, as plaintiff has stated the...
08/15/2003 B155739

PEOPLE v. JOHNSON

California Court of Appeal
Criminal Law & Procedure, Evidence
The prosecution can satisfy its burden of proof at a suppression hearing by presenting the investigating officer's affidavit in lieu of live...
08/15/2003 A098085

MORGENSTERN v. DEP'T OF MOTOR VEHICLES

California Court of Appeal
Administrative Law, Criminal Law & Procedure, Evidence, Transportation
In the event that an officer fails to sign the portion of the arrest report certifying that he obtained breath test samples in the regular course of...
08/15/2003 D040213
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