California Court of Appeal - January 2005 Opinion Summaries

MORAN v. MURTAUGH, MILLER, MEYER, & NELSON

Civil Procedure, Injury & Tort Law
To require security under Code of Civil Procedure section 391.1, the trial court need not conclude as a matter of law that the plaintiff has no...

LONG BEACH v. WORKERS' COMP. APPEALS BD.

Injury & Tort Law, Labor & Employment Law, Workers' Compensation
To rebut the Labor Code section 3212.1 presumption, which presumes that cancer contracted by peace officers is caused by their employment, an employer...

LOCKHEED LITIGATION CASES

Evidence, Injury & Tort Law
In a suit alleging injuries caused by exposure to toxic chemicals, judgment in favor of defendants is affirmed over plaintiffs' challenge that the...

PEOPLE v. PERCELLE

Criminal Law & Procedure, Sentencing
A one-year enhancement for a prison prior is impermissible when the term for the prior conviction was stayed.

PENROD v. SAN BERNARDINO

Constitutional Law, Government Law
Ordinance No. 3875, which gives the County Board of Supervisors the power to remove the sheriff by a four-fifths vote, is facially constitutional.

ABF CAPITAL CORP. v. GROVE PROP. CO.

Attorney's Fees, Contracts
Civil Code section 1717, which prevents unfair litigation tactics through one-sided attorney fee provisions, applies to business entities as well as...

AM. FED'N v. METRO. WATER DIST.

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
In a labor dispute, the grievance procedure of a memorandum of understanding is not an agreement to arbitrate.

STATE v. BANK OF AM. CORP.

Contracts, Property Law & Real Estate
Plaintiff's whistleblower action under the False Claims Act, alleging a failure to report reconveyance fees as escheated property under the California...

SANTA MONICA v. STEWART

Constitutional Law, Government Law
Plaintiff lacks standing to challenge the constitutionality of an initiative approved by voters which prevents city officials from receiving...

IN RE MARRIAGE OF HENRY

Family Law
An order modifying defendant-wife's child support payments is reversed where the trial court erred in calculating defendant's income since her share...