California Court of Appeal - February 2004 Opinion Summaries

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Description Date Docket #

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

PEOPLE v. CONNOR

California Court of Appeal
Criminal Law & Procedure, Sentencing
When a nonspecified person files a petition seeking a probation report per Penal Code section 1203.05, the subject of the report is entitled to notice...
02/06/2004 H024743

GRAFTON PARTNERS LP v. THE SUPERIOR COURT OF ALAMEDA COUNTY (PRICEWATERHOUSECOOPERS LLP)

California Court of Appeal
Civil Procedure, Contracts, Professional Malpractice
Only the Legislature may prescribe the method for waiving a civil jury; since neither Code of Civil Procedure section 631 nor any other statute...
02/06/2004 A102790

ABRAMSON v. JUNIPER NETWORKS, INC.

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
The arbitration agreement in plaintiff's employment contract is illegal because of its cost-sharing provision. It is procedurally unconscionable...
02/06/2004 H025840

FAIR EMPLOYMENT & HOUS. COMM'N v. THE SUPERIOR COURT OF LOS ANGELES COUNTY (LAS BRISAS APARTMENT, LTD.)

California Court of Appeal
Administrative Law, Civil Procedure, Landlord Tenant Law, Property Law & Real Estate
The underlying petition for judicial review, filed by parties found to have violated the Fair Employment and Housing Act, was time-barred per...
02/05/2004 B167641

CROWN APPLIANCE v. WORKERS' COMP. APPEALS BD.

California Court of Appeal
Attorney's Fees, Labor & Employment Law, Workers' Compensation
Substantial evidence demonstrates that plaintiff discriminated against its employee for filing a workers' compensation claim, in violation of Labor...
02/05/2004 F043811

IN RE CHARLES G.

California Court of Appeal
Criminal Law & Procedure, Juvenile Law
When a ward of the juvenile court who is 19 years of age or older violates probation, the juvenile delinquency laws allow the ward to be detained in,...
02/05/2004 C041288

IN RE LILIANA S.

California Court of Appeal
Family Law, Indian Law
Because the juvenile court placed the children with a member of their extended family, it was not required to find good cause to modify the mandatory...
02/04/2004 D042428

PEOPLE v. VANEGAS

California Court of Appeal
Criminal Law & Procedure
The trial court committed prejudicial error in instructing the jury that any violation of the basic speed law is inherently dangerous to human life....
02/04/2004 B165475