California Court of Appeal - March 2004 Opinion Summaries

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Description Date Docket #

PEOPLE v. MORSE

California Court of Appeal
Criminal Law & Procedure
One can be convicted under Penal Code section 453 for having an incentiary device with an intent to torch one's own property; the statute does not...
03/17/2004 A101894

WEST CORP. v. SUPERIOR COURT OF SAN DIEGO COUNTY (SANFORD)

California Court of Appeal
Civil Procedure, Commercial Law, Communications Law
California may assert personal jurisdiction over a nonresident telemarketing corporation when a California resident initiates a phone call to buy a...
03/17/2004 D042633

KAPNER v. MEADOWLARK RANCH ASS'N

California Court of Appeal
Property Law & Real Estate
Plaintiff has not acquired a prescriptive easement over the areas that he enclosed and took possession of by his improvements. The law does not allow...
03/17/2004 B163525

MERCURY INS. CO. v. AYALA

California Court of Appeal
Injury & Tort Law, Insurance Law
(Industry: Autos)

The loss of consortium suffered by the spouse of a woman injured in an auto accident does not trigger her "per-accident" (as opposed to the lower,...
03/17/2004 B165390

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

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
Because the six-year statute of limitations had not yet expired when Penal Code section 803(g) was enacted, that statute extended the limitations...
03/17/2004 B170313

MELINDA K. v. SUPERIOR COURT OF LOS ANGELES COUNTY (LOS ANGELES COUNTY DEP'T OF CHILDREN & FAMILY SERVS.)

California Court of Appeal
Family Law, Juvenile Law
Welfare and Institutions Code section 395, which authorizes an appeal from an "order" after judgment, does not authorize an appeal from the juvenile...
03/16/2004 B168139

PROTECT THE HISTORIC AMADOR WATERWAYS v. AMADOR WATER AGENCY

California Court of Appeal
Environmental Law, Water Law
Defendant abused its discretion in certifying an environmental impact report for a project that would replace the Amador Canal with a pipeline. The...
03/12/2004 C042915

FINE v. LOS ANGELES UNIFIED SCH. DIST.

California Court of Appeal
Education Law, Labor & Employment Law
The Education Code does not require defendant to classify plaintiff-teacher as "probationary" retroactive to the validity date of her teaching...
03/12/2004 B165201

HARRISON v. WELCH

California Court of Appeal
Civil Procedure, Property Law & Real Estate
An action seeking to enjoin a permanent encroachment is properly characterized as an action for the recovery of real property subject to the five-year...
03/12/2004 C044320

CASTRO v. SUPERIOR COURT OF LOS ANGELES COUNTY (CALIFORNIA SAVINGS)

California Court of Appeal
Attorney's Fees, Civil Procedure, Property Law & Real Estate
The withdrawal of a lis pendens while a motion to expunge it is pending does not automatically preclude recovery of attorney fees to the moving party.
03/11/2004 B169401
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