California Court of Appeal - December 2004 Opinion Summaries

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Description Date Docket #

PEOPLE v. BEAGLE

California Court of Appeal
Sentencing, Criminal Law & Procedure
The rule of People v. Harvey, (1979)25 Cal.3d 754, which prohibits the negative consideration at sentencing of dismissed charges, applies to probation...
12/28/2004 F044486

PEOPLE v. GREEN

California Court of Appeal
Criminal Law & Procedure
Penal Code section 186.11, which allows the trial court to enjoin a defendant from disposing of assets, does not apply to defendant since the People...
12/28/2004 E034784

SAN RAMON FIRE v. CONTRA COSTA COUNTY

California Court of Appeal
Constitutional Law, Government Benefits, Government Law, Labor & Employment Law
Litigation seeking judicial review of an action or decision by a public entity is not subject to a special motion to strike under the anti-SLAPP...
12/28/2004 A105588

WELLS FARGO BANK v. ZINNEL

California Court of Appeal
Attorney's Fees, Banking Law, Civil Procedure
In an interpleader action, the award of legal fees to plaintiff is reversed where plaintiff failed to deposit the amount in dispute with the court.
12/28/2004 C044681

DIEDE CONSTR. v. MONTEREY MECH. CO.

California Court of Appeal
Construction, Contracts
In a construction contract dispute, denial of plaintiff's promissory estoppel claim is reversed where the trial court failed to make a finding of...
12/28/2004 A102035

CITY OF LOS ANGELES v. ALLIANZ INS. CO.

California Court of Appeal
Injury & Tort Law, Insurance Law
In an insurance coverage dispute, plaintiff did not exercise the requisite dominion and control over a truck to qualify as a "borrower" under the...
12/27/2004 B167676

GOLDEN GATE BRIDGE v. SUPERIOR COURT OF SAN JOAQUIN

California Court of Appeal
Civil Procedure, Construction, Contracts
In a construction contract dispute, plaintiff's petition for a peremptory writ of mandate, seeking a change of venue, is granted where the issue...
12/23/2004 C047257

JONES v. OMNITRANS

California Court of Appeal
Civil Rights, Constitutional Law, Labor & Employment Law
In a wrongful termination action, defendant-employer's grievance procedures satisfy the requirements of due process and, consequently, plaintiff's...
12/23/2004 E035295

CRESPIN v. BONTA

California Court of Appeal
Attorney's Fees, Civil Procedure
California Rules of Court, rule 870.2 does not set a time limit for seeking attorney fees under Code of Civil Procedure section 1021.5 for fees...
12/23/2004 A104418

HARTFORD CAS. INS. CO. v. SUPERIOR COURT OF LOS ANGELES

California Court of Appeal
Civil Procedure, Contracts, Ethics & Professional Responsibility, Insurance Law
In an insurance dispute, a new judge's refusal to vacate a recused judge's decision to deny plaintiff's motion for summary judgment was error.
12/22/2004 B176439
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