California Court of Appeal - February 2004 Opinion Summaries

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Description Date Docket #

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

PEOPLE v. SENECA INS. CO.

California Court of Appeal
Civil Procedure, Criminal Law & Procedure, Insurance Law
Sureties who move for an extension of the 185-day period in which a criminal defendant can be returned to custody in order to avoid bail forfeiture...
02/25/2004 B166414

PEOPLE v. BLACK

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
Defendant's nolo contendere plea may not be set aside even though it was entered more than 60 days after the district court's conditional order of...
02/25/2004 B166421

FRIEMAN v. SAN RAFAEL ROCK QUARRY, INC.

California Court of Appeal
Class Actions, Injury & Tort Law, Property Law & Real Estate
In this action alleging nuisance and violations of the Unfair Practices Act, the denial of a motion for class certification of Marin County residents...
02/24/2004 A101294

CORAL CONSTR., INC. v. CITY & COUNTY OF SAN FRANCISCO

California Court of Appeal
Constitutional Law, Construction, Government Contracts
Plaintiff, intending to bid on city contracts and having regularly bid on such contracts in the past, had standing to challenge the constitutionality...
02/24/2004 A101842

ROTH v. L.A. DOOR CO.

California Court of Appeal
Injury & Tort Law, Insurance Law, Labor & Employment Law, Workers' Compensation
Plaintiff's employer, as an authorized self-insurer for the purpose of providing workers' compensation insurance, is deemed an "insurer" providing...
02/23/2004 G031221

CITY OF SARATOGA v. HINZ

California Court of Appeal
Civil Procedure, Property Law & Real Estate, Transportation
Defendant unsuccessfully appeals a judgment rejecting his challenges to plaintiff's resolution of necessity condemning an easement over a portion of...
02/20/2004 H023549

MCKESSON HBOC, INC. v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY (STATE OF OREGON)

California Court of Appeal
Civil Procedure, Evidence, Securities Law
Under California law, when plaintiff shared various privileged documents with the government, it waived the attorney-client privilege and the...
02/20/2004 A103055

MORGAN v. CITY OF CHINO

California Court of Appeal
Administrative Law, Constitutional Law, Landlord Tenant Law, Property Law & Real Estate
In considering whether to grant a rent increase at plaintiff's mobilehome park, due process and defendant's rent control ordinance merely required the...
02/20/2004 E032414

THE REGENTS OF THE UNIV. OF CALIFORNIA v. THE CITY & COUNTY OF SAN FRANCISCO

California Court of Appeal
Civil Procedure, Government Law, Public Utilities
Plaintiff's action for refund of allegedly excessive water and sewer charges was correctly deemed to be time-barred by the 120-day limitations period...
02/19/2004 A101716