California Court of Appeal - January 2004 Opinion Summaries

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Description Date Docket #

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...
01/14/2004 B163262

BRANNON v. SUPERIOR COURT OF SAN DIEGO COUNTY (CRIPPEN)

California Court of Appeal
Civil Procedure
In a writ proceeding arising out of personal injuries caused by a well-drilling rig, the superior court erred in refusing to provide the parties an...
01/13/2004 D042907

BIGHORN-DESERT VIEW WATER AGENCY v. BERINGSON

California Court of Appeal
Elections, Public Utilities, Tax Law, Water Law
A voter initiative cannot control the amount of the water rate, fees, and charges fixed by a public water agency.
01/13/2004 E033515

GOLD v. WEISSMAN

California Court of Appeal
Legal Malpractice
Plaintiff's malpractice complaint against her former attorney is not time-barred. Per Code of Civil Procedure section 340.6, the one-year statute was...
01/12/2004 B160578

GRAY CARY WARE & FREIDENRICH v. VIGILANT INS. CO.

California Court of Appeal
Attorney's Fees, Dispute Resolution & Arbitration, Insurance Law
Civil Code section 2860, requiring an insurer to provide independent counsel to its insured in certain conflict situations and requiring the...
01/12/2004 D041811

OCEAN PARK ASSOC. v. SANTA MONICA RENT CONTROL BD.

California Court of Appeal
Landlord Tenant Law, Property Law & Real Estate
Defendant has the power, under its governing ordinance, to grant petitions for rent decreases initiated by a tenant. However, it lacks power to...
01/07/2004 B164439

PEOPLE v. MORTON

California Court of Appeal
Criminal Law & Procedure
Substantial evidence does not support the trial court's conclusion that detectives' entry onto private property was justified by the community...
01/07/2004 A101269

PEOPLE v. JUAREZ

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus, Sentencing
Trial court exercised its discretion in requiring defendant to waive all credits for time served in order to obtain probation. Such waivers cannot be...
01/07/2004 A101227, A102470

WEINBERG v. SAFECO INS. CO. OF AM.

California Court of Appeal
Dispute Resolution & Arbitration, Insurance Law
Superior court properly granted plaintiffs' motion to tax costs on grounds that defendant's Code of Civil Procedure section 998 offer to compromise...
01/07/2004 B158894, B160783

PASADENA LIVE, LLC v. CITY OF PASADENA

California Court of Appeal
Government Contracts, Property Law & Real Estate
Parties entered an agreement whereby plaintiff funded improvements to city property in exchange for credit against license fees. Trial court erred in...
01/07/2004 B164361
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