California Court of Appeal - February 2004 Opinion Summaries

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Description Date Docket #

TREMPER v. QUINONES

California Court of Appeal
Attorney's Fees, Civil Procedure, Property Law & Real Estate
Pursuant to the good faith improver statute, the trial court erred in granting defendant the right to remove improvements from plaintiffs' property...
02/17/2004 B165218

PEOPLE v. THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY

California Court of Appeal
Criminal Law & Procedure, Government Law
Penal Code section 4573.6, which makes it a felony to possess a controlled substance in or within the grounds of certain state institutions, applies...
02/17/2004 B170471

LOS ANGELES COUNTY PROF'L PEACE OFFICERS' ASS'N v. COUNTY OF LOS ANGELES

California Court of Appeal
Constitutional Law, Labor & Employment Law
Defendant's failure to apply its "vacation pay cash-out" policy to investigators on work-related disability leave violated neither Labor Code section...
02/11/2004 B163710

IN RE DANIEL S.

California Court of Appeal
Family Law
Son was properly ordered removed from the custody of his mother, a chronic paranoid schizophrenic, though she was improperly served and was allowed no...
02/11/2004 D042710

OXY RES. CALIFORNIA LLC v. THE SUPERIOR COURT OF SOLANO COUNTY (CALPINE NATURAL GAS LP)

California Court of Appeal
Civil Procedure, Contracts, Oil and Gas Law
Where the parties seek to protect from disclosure certain communications made during the course of a transaction, pursuant to a "joint defense...
02/11/2004 A101512, A101632

PEOPLE v. LAIWALA

California Court of Appeal
Criminal Law & Procedure, Intellectual Property, Trade Secrets
The record contains insufficient evidence that the "master key" associated with a DVD copy protection scheme had "independent economic value." Thus it...
02/10/2004 H022070

BARRATT AM. INC. v. CITY OF ENCINITAS

California Court of Appeal
Construction, Property Law & Real Estate
Trial court erroneously applied the 120-day limitations period of Government Code section 66022(a) in barring allegations that defendant improperly...
02/10/2004 D041162

PEOPLE v. MCGEE

California Court of Appeal
Criminal Law & Procedure, Sentencing
A criminal defendant has a federal constitutional right to a jury trial on factual issues relating to the circumstances and conduct underlying a prior...
02/09/2004 A097749

OCHS v. PACIFICARE OF CALIFORNIA

California Court of Appeal
Health Law, Insurance Law
A health care service plan is not statutorily obligated to pay for emergency services when it has non-negligently delegated that responsibility to a...
02/09/2004 B160624

MORNING STAR CO. v. STATE BD. OF EQUALIZATION

California Court of Appeal
Administrative Law, Constitutional Law, Environmental Law, Property Law & Real Estate, Tax Law
Plaintiff was properly denied a refund of environmental fees assessed by defendant (per Health and Safety Code section 25205.6) to fund the costs of...
02/09/2004 C033758