California Court of Appeal - June 2008 Opinion Summaries

Roberts v. Assurance Co. of Am.

Construction, Contracts, Evidence, Injury & Tort Law, Insurance Law, Property Law & Real Estate
In a coverage dispute involving a construction insurance policy wherein plaintiffs asserted contract and tort claims against their homeowner insurance...

People v. Torres

Criminal Law & Procedure, Sentencing
Correcting an unauthorized portion of a defendant's sentence does not mandate the imposition of a higher sentence even if correction was required to...

Lange v. Schilling

Attorney's Fees, Contracts, Dispute Resolution & Arbitration, Property Law & Real Estate, Remedies
A standard California residential purchase agreement bars an attorney's fees award for a party who commences litigation without first attempting to...

Tracfone Wireless, Inc. v. City of Los Angeles

Civil Procedure, Communications Law, Government Law, Tax Law
In an action arising after a county-defendant refused a phone company's request for a refund of use taxes paid on services which were allegedly tax...

People v. Rish

Criminal Law & Procedure, Evidence, Health Law, Sentencing
An order recommitting defendant to the California Department of Mental Health for treatment as a mentally disordered offender is affirmed where: 1)...

Westrec Marina Mgmt., Inc. v. Arrowood Indem. Co.

Civil Rights, Contracts, Corp. Governance, Insurance Law, Labor & Employment Law
In a coverage dispute arising from plaintiff-insured's failure to timely report claims as required under its insurance policies, judgment denying...

Guerrero v. Rodan Termite Control, Inc.

Construction, Contracts, Dispute Resolution & Arbitration, Evidence, Injury & Tort Law, Property Law & Real Estate, Remedies
In an action arising out of a plaintiff's claims against multiple defendants for defects in a newly purchased home, an award of all costs to plaintiff...

In re BCBG Overtime Cases

Civil Procedure, Class Actions, Labor & Employment Law
In a consolidated appeal reviewing a trial court's grant of a motion to strike allegations in a purported class action suit, the court of appeals...

Paterno v. Superior Court (Ampersand Publishing)

Constitutional Law, Evidence, Injury & Tort Law, Media Law
In the context of defamation actions subject to the constitutional malice standard, when a plaintiff fails to demonstrate that allegedly defamatory...

Estate of Bennett

Contracts, Dispute Resolution & Arbitration, Evidence
A probate court order is reversed where it committed reversible error by denying a request for an evidentiary hearing on petitioners' motion to set...