California Court of Appeal - May 2004 Opinion Summaries

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Description Date Docket #

PRINCE v. CLS TRANSPORTATION, INC.

California Court of Appeal
Class Actions, Labor & Employment Law
In a case in which a demurrer was brought by defendant regarding the appropriateness of the class action, the Court held that the determination of...
05/26/2004 B164066

ACTION APARTMENT ASS'N, INC. v. CITY OF SANTA MONICA

California Court of Appeal
Constitutional Law, Landlord Tenant Law
Provisions of a local ordinance, which address a landlord's efforts to terminate a tenancy through legal proceedings, are pre-empted because they are...
05/25/2004 B165082

KNOWLES v. THE SUPERIOR COURT OF SAN DIEGO COUNTY

California Court of Appeal
Civil Procedure, Injury & Tort Law
Under Code of Civil Procedure section 340.5, the real parties in interest wrongful death claims are barred by the statute of limitations.
05/25/2004 D043323

DERIVI CONSTRUCTION & ARCHITECTURE, INC. v. WONG

California Court of Appeal
Ethics & Disciplinary Code, Ethics & Professional Responsibility
The concept for vicarious disqualification propounded by plaintiff is too expansive, thus the motion to disqualify defendant's attorney from the...
05/25/2004 C044508

THE PEOPLE v. LOVINGS

California Court of Appeal
Criminal Law & Procedure
Any error made by the court in denying defendant's Marsden motions were waived by his no contest plea to first degree murder.
05/25/2004 A097686

METCALF v. U-HAUL INT'L

California Court of Appeal
Civil Procedure
The Superior Court's denial of defendant's motion to strike under the anti-SLAPP statute is upheld because the complaint did not arise out of an act...
05/24/2004 G031613

LOPEZ v. CHARLES SCHWAB & CO.

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Securities Law
No obligation to arbitrate exists unless the parties enter into a contract to arbitrate.
05/24/2004 A102603

HINDIN v. RUST, JR.

California Court of Appeal
Civil Procedure, Criminal Law & Procedure, Insurance Law
In the context of a malicious prosecution action, Code of Civil Procedure section 437c(f)(1) does not permit summary adjudication on the ground that...
05/24/2004 B160031

JIAGBOGU v. MERCEDES BENZ USA

California Court of Appeal
Consumer Protection Law, Contracts
(Industry: Autos)

Under the Song-Beverly Consumer Warranty Act, the right of a buyer to compel a manufacturer to reimburse the purchase price or replace the vehicle is...
05/24/2004 B163974

IN RE HANNA S.

California Court of Appeal
Family Law, Juvenile Law
The Agency's decision not to place the child with an aunt and uncle who have criminal records was properly upheld, where the social worker sought and...
05/21/2004 D042729
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