California Court of Appeal - January 2009 Opinion Summaries

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Description Date Docket #

Mossman v. City of Oakdale

California Court of Appeal
Dispute Resolution & Arbitration, Government Law, Labor & Employment Law, Remedies
In a suit over the termination of a city employee, an order denying defendant's motion to vacate an arbitration award is reversed, and confirmation...
01/14/2009 F054983

People v. Stanphill

California Court of Appeal
Criminal Law & Procedure, Evidence, Sentencing
Judgment following revocation of probation for participation in a gang-related battery while incarcerated is affirmed where: 1) an unsworn hearsay...
01/14/2009 C056038

Pine Terrace Apartments, L.P. v. Windscape, LLC

California Court of Appeal
Civil Procedure, Construction, Injury & Tort Law, Property Law & Real Estate
In a suit against the developer and seller of an apartment complex alleging latent construction defects, summary judgment for cross-defendant...
01/13/2009 F054609

In re Gaul

California Court of Appeal
Criminal Law & Procedure, Habeas Corpus
Petition for habeas relief is granted where the decision of the Board of Parole Hearings to deny parole, despite having previously found petitioner...
01/13/2009 B209638

Ghazaryan v. Diva Limousine, Ltd.

California Court of Appeal
Civil Procedure, Class Actions, Labor & Employment Law, Transportation
In a class action wage and labor dispute, denial of class certification for limousine drivers allegedly under-compensated under California wage and...
01/12/2009 b201509

People ex rel. DuFauchard v. U.S. Fin. Mgmt., Inc.

California Court of Appeal
Banking Law, Civil Procedure, Commercial Law, Corporation & Enterprise Law
In an appeal of a court order to comply with a document subpoena from the California Corporations Commissioner, the trial court's order compelling...
01/12/2009 d052320

Birke v. Oakwood Worldwide

California Court of Appeal
Environmental Law, Health Law, Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
In a nuisance case over an apartment complex's obligation to eliminate second hand smoke, grant of demurrer is affirmed in part, reversed in part and...
01/12/2009 b203093

Paduano v. Am. Honda Co., Inc.

California Court of Appeal
Civil Procedure, Commercial Law, Consumer Protection Law, Contracts, Environmental Law, False Advertising
(Industry: Consumer Products)

In a breach of warranty and deceptive advertising case over the fuel efficiency of a Honda Civic Hybrid, summary judgment for defendant was affirmed...
01/12/2009 d050112

People v. Cabonce

California Court of Appeal
Criminal Law & Procedure, Health Law
Mentally ill taxi driver's multiple convictions for assault and attempted murder are affirmed. The jury was properly instructed that if defendant's...
01/09/2009 A117286

People v. Bowers

California Court of Appeal
Criminal Law & Procedure, Evidence, Health Law, Sentencing
Order extending the commitment of a woman found not guilty by reason of insanity did not violate due process. Substantial evidence, including her past...
01/09/2009 F054686
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