California Court of Appeal - May 2005 Opinion Summaries

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Description Date Docket #

Orange County Dep't of Child Support v. Super. Ct. of Orange County

California Court of Appeal
Civil Procedure, Family Law, Sanctions
Plaintiff's petition to challenge sanctions imposed in a nonmeritorious contempt proceeding is granted where the trial court erred when it did not...
05/24/2005 G034550

People v. Fortune

California Court of Appeal
Criminal Law & Procedure, Government Benefits
The trial court's determination of restitution for the over-issuance of food stamps, following defendant's method of calculation, was neither...
05/24/2005 A107402

People v. Russell

California Court of Appeal
Criminal Law & Procedure
A defendant who intentionally pushes another person into the path of an oncoming vehicle has used that vehicle as a "deadly weapon" in violation of...
05/23/2005 B171492

People v. Chatmon

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant's appeal of his sentence, claiming that the trial court should have sentenced him to probation and drug treatment under Proposition 36, is...
05/23/2005 A104929

People v. Rincon

California Court of Appeal
Criminal Law & Procedure, Evidence
Defendant's conviction for murder is affirmed over plaintiff's claim that the trial court erroneously admitted out-of-court statements.
05/20/2005 B172775

Fontani v. Wells Fargo Inv.

California Court of Appeal
Constitutional Law, Injury & Tort Law, Labor & Employment Law
Plaintiff's defamation claim is dismissed under the anti-SLAPP law where defendant's submission of a Form U-5 to the National Association of...
05/19/2005 A106304

Bank of Am. v. La Jolla Group

California Court of Appeal
Contracts, Property Law & Real Estate
A nonjudicial foreclosure sale conducted by mistake was invalid where the trustee had no right to sell the property since the buyer and lender entered...
05/19/2005 F045318

Irving Nelkin & Co. v. S. Beverly Hills Jewelry

California Court of Appeal
Civil Procedure, Injury & Tort Law, Property Law & Real Estate
A successful plaintiff's right to recover prejudgment interest in an action for conversion will run until entry of a judgment resolving the issue of...
05/19/2005 B172543

Padilla v. Greater El Monte Cmty. Hosp.

California Court of Appeal
Civil Procedure, Injury & Tort Law, Professional Malpractice
In a medical malpractice lawsuit, a jury verdict in favor of plaintiff is affirmed over defendant's claim that the court, not the jury, must determine...
05/18/2005 B165944

Country Eggs, Inc. v. Kawamura

California Court of Appeal
Administrative Law, Constitutional Law, Government Law, Judgement Enforcement
Plaintiff may not collect a judgment, owed by the California Egg Commission(CEC), from defendant-State of California where that claim is barred by the...
05/18/2005 C046153
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