California Court of Appeal - December 2003 Opinion Summaries

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Description Date Docket #

EVEREST INVESTORS 8 v. MCNEIL PARTNERS

California Court of Appeal
Corp. Governance, Corporation & Enterprise Law, M&A
Where a limited partnership merges into a new entity, becoming a wholly owned subsidiary of that entity, and the interests of the limited partners are...
12/16/2003 B159267

STATE FARM MUT. AUTO. INS. CO. v. SUPERIOR COURT OF LOS ANGELES COUNTY (JERRY HILL)

California Court of Appeal
Class Actions, Corp. Governance, Corporation & Enterprise Law
Because the declaration of dividends concerns the internal affairs of the insurance company, and because the company is incorporated and headquartered...
12/16/2003 B168662

DURAN v. ST. LUKE'S HOSP.

California Court of Appeal
Civil Procedure, Injury & Tort Law, Professional Malpractice
Plaintiffs' attorney submitted their medical malpractice complaint to the court together with a check that was $3 short of the filing fee. Trial court...
12/16/2003 A102182

MOCEK v. ALFA LEISURE, INC.

California Court of Appeal
Commercial Law, Consumer Protection Law, Remedies
(Industry: Consumer Products)

Although a different rule may apply where there is a breach of an express warranty, there is no requirement that the seller be given an opportunity to...
12/15/2003 G031180

FISHERMAN'S WHARF BAY CRUISE CORP. v. SAN FRANCISCO SUPERIOR COURT (BLUE AND GOLD FLEET, INC.)

California Court of Appeal
Antitrust & Trade Regulation, Commercial Law
District court erred in awarding summary judgment to defendants as to claims of predatory pricing, secret discounts, and exclusive dealing....
12/15/2003 A101652

IN RE SMITH

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
Prisoner successfully challenged the Governor's reversal of a parole board decision, because record does not contain evidence to support some of...
12/15/2003 H025304

PEOPLE v. ARZATE

California Court of Appeal
Criminal Law & Procedure, Sentencing
It is logically inconsistent to inflict great bodily injury and use a gun "in the commission" of the static offense of carrying a concealed weapon in...
12/15/2003 B162971

HERNANDEZ v. DEP'T of TRANSP.

California Court of Appeal
Injury & Tort Law, Transportation
Trial court erred in awarding summary judgment based on the doctrine of design immunity against car accident victims who allege that absence of...
12/15/2003 B157527

LOS ANGELES TIMES v. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

California Court of Appeal
Criminal Law & Procedure, Media Law
The general California rule of grand jury secrecy applies to ancillary proceedings, such as the motions to quash grand jury subpoenas being litigated...
12/12/2003 B169890

GUERRERO v. SOUTH BAY UNION SCH. DIST.

California Court of Appeal
Education Law, Injury & Tort Law
Trial court correctly determined that defendant did not owe plaintiff a duty of care at the time of the events that caused her injuries. Education...
12/12/2003 D040351
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