California Court of Appeal - November 2003 Opinion Summaries

GARAMENDI v. GOLDEN EAGLE INS. CO.

Attorney's Fees, Civil Procedure, Construction, Injury & Tort Law, Insurance Law
The liquidation court's order allowing claimants to collect under defendant's policies is modified insofar as it reduced the recoverable amount of the...

SHEELER v. GREYSTONE HOMES, INC.

Injury & Tort Law
Summary judgment to defendants is affirmed where there are no triable issues as to whether defendant is liable for plaintiff's injuries under...

ROBERTI v. ANDY-S TERMITE & PEST CONTROL

Evidence, Injury & Tort Law
Dismissal reversed where the trial court applied a threshold admissibility test to plaintiff's expert testimony, akin to the federal rule of Daubert,...

PEOPLE v. MONTES

Criminal Law & Procedure
Conviction reversed where the court erred in instructing the jury that the crime of attempted voluntary manslaughter may be committed by a perpetrator...

PEOPLE v. COLE

Civil Procedure, False Advertising, Health Law
The district court's order of preliminary injunction is affirmed where the court properly enjoined defendant's advertising and reversed where it erred...

GLOBAL MINERALS & METALS CORP. v. SUP. CT.

Antitrust & Trade Regulation, Class Actions
The trial court's certification of a Cartwright Act case as a class action is reversed where the record does not support a finding of sufficient...

STERLING v. TAYLOR

Contracts, Injury & Tort Law
Summary judgment to defendants is reversed in part where under the evidence submitted by plaintiffs, the required elements are sufficiently included...

PEOPLE v. HUDSON

Government Benefits, Remedies
In a welfare fraud action, the trial court's restitution order is reversed where the court's decision to deny any reimbursement for foodstamp...

PATERNO v. STATE OF CALIFORNIA

Injury & Tort Law, Public Utilities
In an action arising out of the failure of a flood control project, judgment to the district is affirmed and judgment for the state is reversed where...

JEWETT v. CAPITAL ONE BANK

Civil Procedure, Commercial Law
Credit card solicitations are not acts of free speech in connection with a public issue, and are therefore not subject to the anti-SLAPP (strategic...