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California Court of Appeal - November 2003 Opinion Summaries

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Description Date Docket #

STERLING v. TAYLOR

California Court of Appeal
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...
11/26/2003 b162961

GARAMENDI v. GOLDEN EAGLE INS. CO.

California Court of Appeal
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...
11/26/2003 a097435

SHEELER v. GREYSTONE HOMES, INC.

California Court of Appeal
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...
11/26/2003 b162614

ROBERTI v. ANDY-S TERMITE & PEST CONTROL

California Court of Appeal
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,...
11/26/2003 b158393,b160331

PEOPLE v. MONTES

California Court of Appeal
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...
11/26/2003 f040612,f040618

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

California Court of Appeal
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...
11/26/2003 d041783

PATERNO v. STATE OF CALIFORNIA

California Court of Appeal
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...
11/26/2003 c040553

PEOPLE v. HUDSON

California Court of Appeal
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...
11/26/2003 a100928

PEOPLE v. COLE

California Court of Appeal
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...
11/26/2003 d040475

PEOPLE v. FIELDER

California Court of Appeal
Criminal Law & Procedure, Sentencing
In order for the prosecution to avoid application of the five-year "washout" provision of Penal Code section 667.5(b), it is only required to prove...
11/25/2003 B163262
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