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California Court of Appeal - February 2004 Opinion Summaries

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Description Date Docket #

DVD COPY CONTROL ASS'N INC. v. BUNNER

California Court of Appeal
Civil Rights, Constitutional Law, Cyberspace Law, Intellectual Property, Trade Secrets
Preliminary injunction under California's Uniform Trade Secrets Act is reversed. Plaintiff presented no evidence as to when defendant first posted the...
02/27/2004 H021153

PEOPLE v. BURNETT

California Court of Appeal
Criminal Law & Procedure, Sentencing
The omission of a sex offender fine pursuant to Penal Code section 290.3 on a silent record does not constitute an unauthorized sentence that may be...
02/27/2004 C042540

MINER v. TUSTIN AVE. INVESTORS, LLC

California Court of Appeal
Contracts, Landlord Tenant Law, Property Law & Real Estate
Where an ambiguous Lease and Estoppel Certificate constitute the contract to be interpreted, and no extrinsic evidence is offered to explain the...
02/27/2004 G031703, G032006

GRADLE v. DOPPELMAYR USA, INC.

California Court of Appeal
Evidence, Injury & Tort Law, Labor & Employment Law, Product Liability
In a tort suit against the manufacturer of allegedly defective ski-lift machinery, trial court erred in excluding evidence of Cal-OSHA rules and...
02/27/2004 C041861

HARRIS v. WESTLY

California Court of Appeal
Class Actions, Constitutional Law, Property Law & Real Estate, Securities Law
The notice provisions of the Unclaimed Property Law do not require the California Controller to provide notice to apparent owners of the escheated...
02/27/2004 B160741

LUNDAHL v. TELFORD

California Court of Appeal
Civil Procedure, Family Law
The Uniform Interstate Family Support Act does not establish a mechanism for settling upon a single order as controlling among multiple spousal...
02/27/2004 G030846

PEOPLE v. QUACH

California Court of Appeal
Criminal Law & Procedure
The trial court erred in instructing the jury with CALJIC No. 5.56, which affords the right of self-defense to a mutual combatant only after, inter...
02/27/2004 G027470

PEOPLE v. FUENTES

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
Battery is a lesser included offense of robbery in a case in which the charging document alleges "force and fear." Here, the trial court's error in...
02/26/2004 G030438

PEOPLE v. CHAVEZ

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Sentencing
The Legislature acted rationally when it decided that individuals who are addicted to illegal drugs or narcotics are not similarly situated to...
02/25/2004 D041385

PEOPLE v. ORABUENA

California Court of Appeal
Criminal Law & Procedure, Sentencing
The trial court has the discretion under Penal Code section 1385 to dismiss a non-drug-use-related misdemeanor, of which defendant was convicted in...
02/25/2004 H025987

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