California Court of Appeal - March 2004 Opinion Summaries

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Description Date Docket #

TAIHEIYO CEMENT CORP. v. SUPERIOR COURT OF LOS ANGELES COUNTY (JEONG)

California Court of Appeal
Constitutional Law, Injury & Tort Law, International Law, Labor & Employment Law
Code of Civil Procedure section 354.6, which allows certain individuals who were forced labor victims during World War II to recover compensation for...
03/31/2004 B155736

MOORE v. SUPERIOR COURT OF SUTTER COUNTY (PEOPLE)

California Court of Appeal
Criminal Law & Procedure, Sentencing
The five-year "washout" period of Proposition 36 commenced when petitioner committed the disqualifying prior felony, not when he was convicted of that...
03/30/2004 C044242

KLINE HAWKES CALIFORNIA SBIC, L.P. v. SUPERIOR COURT OF LOS ANGELES COUNTY (IDEALAB)

California Court of Appeal
Corporation & Enterprise Law
In a complaint for the involuntary dissolution of a corporation, plaintiffs failed to correctly describe the equity of the corporation for purposes of...
03/29/2004 B169199

COLDWELL BANKER RESIDENTIAL BROKERAGE CO., INC. v. SUPERIOR COURT OF SAN DIEGO COUNTY (SALAZAR)

California Court of Appeal
Injury & Tort Law, Property Law & Real Estate
A minor whose asthma was caused by toxic mold in the house where he lived with his mother cannot state a cause of action against the seller's broker;...
03/29/2004 D042574

VENTURA COUNTY DEP'T OF CHILD SUPPORT SERVS. v. BROWN

California Court of Appeal
Probate, Trusts & Estates
When there is an enforceable child support judgment that the trustee refuses to satisfy, the trial court may order the trustee to satisfy past due and...
03/29/2004 B168108

OROZCO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE)

California Court of Appeal
Criminal Law & Procedure
The Sexually Violent Predator Act lacks a jurisdictional requirement that a recommitment order be obtained before the expiration of the previous term,...
03/29/2004 B168989

PEOPLE v. SUMAHIT

California Court of Appeal
Criminal Law & Procedure
A person who has been found to be a sexually violent predator is precluded from challenging the sufficiency of the evidence that he lacks the ability...
03/29/2004 C0434152

PEOPLE v. SHELTON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Because defendant's single threat to kill his former wife formed the factual predicate for two convictions (stalking and making criminal threats),...
03/26/2004 C044625

COUNTY OF ORANGE v. BEZAIRE

California Court of Appeal
Property Law & Real Estate, Tax Law
The base to which Proposition 13's two-percent inflation cap applies is the original purchase price of the property (or assessment at time of genuine...
03/26/2004 G032412

PEOPLE v. GARCIA

California Court of Appeal
Administrative Law, Criminal Law & Procedure, Government Benefits
Collateral estoppel bars the state from prosecuting a person for welfare fraud who has been exonerated in administrative proceedings.
03/26/2004 C043590