California Court of Appeal - January 2005 Opinion Summaries

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Description Date Docket #

PEOPLE v. THOMA

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant's sentence as a "two-striker" is affirmed over his challenge that his prior conviction of driving under the influence causing "bodily...
01/26/2005 B170355

FERRARIS v. ALEXANDER

California Court of Appeal
Family Law, Juvenile Law
Plaintiff-father's application under the Hague Convention for the return of his son, on the ground that he was wrongfully removed from his habitual...
01/25/2005 C047144

MHG FIN. LTD. v. SANTEE

California Court of Appeal
Elections, Government Law, Landlord Tenant Law
Defendant-City, which mistakenly enacted an incorrect ordinance, may properly enact another ordinance and make it retroactively effective to cure the...
01/25/2005 D042631, D043129

BREKKE v. WILLS

California Court of Appeal
Constitutional Law, Injury & Tort Law, Remedies
A restraining order issued against defendant is affirmed over his challenge that the order violates his First Amendment rights of freedom of speech...
01/25/2005 C044810

FIEGE v. COOKE

California Court of Appeal
Civil Procedure, Injury & Tort Law
The trial court's enforcement of a settlement is affirmed over plaintiff's challenge that the settlement was unenforceable since three of the parties...
01/24/2005 B172918

STARVING STUDENTS, INC. v. DEPT. OF INDUS. RELATIONS

California Court of Appeal
Constitutional Law, Insurance Law, Labor & Employment Law, Workers' Compensation
When a penalty is assessed against an employer who obtains workers' compensation insurance from an insurer who is not authorized to write compensation...
01/24/2005 B172238

O'MEARA v. PALOMAR-POMERADO HEALTH SYS.

California Court of Appeal
Civil Rights, Constitutional Law, Health Law, Labor & Employment Law
Proceedings by a hospital peer review committee do not constitute an "official proceeding" under California's anti-SLAPP law, Code Civ. Proc. section...
01/21/2005 D043099

SAN FRANCISCO FIRE FIGHTERS LOCAL 798 v. CITY & CTY. OF SAN FRANCISCO

California Court of Appeal
Civil Procedure, Government Law, Labor & Employment Law
When a municipal agency makes a finding of fact that triggers an expansion of its powers, that finding is subject to independent judicial review,...
01/21/2005 A104822

BALDWIN BUILDERS v. COAST PLASTERING CORP.

California Court of Appeal
Attorney's Fees, Construction, Contracts
A unilateral attorney fee clause included in an indemnity agreement, which provides for the recovery of attorney fees incurred in enforcing the...
01/21/2005 D043422

PEOPLE v. JETER

California Court of Appeal
Criminal Law & Procedure
Defendant's conviction for assault by a prisoner serving a life sentence is reversed where the trial court committed reversible error by giving...
01/20/2005 D042551
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