California Court of Appeal - April 2013 Opinion Summaries

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Description Date Docket #

People v. Pellecer

California Court of Appeal
Criminal Law & Procedure, Evidence
Defendant's conviction of carrying a concealed dirk or dagger on his person in violation of former Penal Code section 12020(a)(4) is reversed, where...
04/17/2013 B238949

Kleveland v. Siegel & Wolensky

California Court of Appeal
Civil Procedure, Ethics & Professional Responsibility, Injury & Tort Law, Probate, Trusts & Estates, Sanctions
In a malicious prosecution action brought by plaintiff-trustee against defendant-attorneys who unsuccessfully sought to remove plaintiff as trustee,...
04/17/2013 D060906

Travelers Property Casualty Company of America v. Superior Court (Braum)

California Court of Appeal
Construction, Contracts, Injury & Tort Law, Insurance Law, Property Law & Real Estate
Petition for writ of mandate is granted and directs the trial court to enter summary judgment for petitioner-insurer and petitioner-broker, in a suit...
04/17/2013 B243650

Sabey v. City of Pomona

California Court of Appeal
Administrative Law, Constitutional Law, Dispute Resolution & Arbitration, Ethics & Professional Responsibility, Labor & Employment Law
When a partner in a law firm represents a department within a city at an advisory arbitration regarding a personnel matter, and when the city’s...
04/16/2013 B239916

Hamilton Court v. East Olympic

California Court of Appeal
Commercial Law, Property Law & Real Estate
Judgment quieting title to an easement on certain commercial real property in favor of plaintiffs is reversed and remanded, where the trial court...
04/16/2013 B240052

Kurtin v. Elieff

California Court of Appeal
Civil Procedure, Injury & Tort Law, Property Law & Real Estate
Judgment for plaintiff finding defendant breached the warranty of authority and provisions of a settlement agreement with plaintiff, but exonerating...
04/16/2013 G043999A

Barsegian v. Kessler & Kessler

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Ethics & Professional Responsibility, Injury & Tort Law, Property Law & Real Estate
The trial court properly denied a motion to compel arbitration brought by some of the defendants on the basis of the possibility of inconsistent...
04/15/2013 B237044

People v. McEvoy

California Court of Appeal
Criminal Law & Procedure
Conviction of incest and assault arising from a sexual encounter between defendant and his sister is affirmed, where California's interests in...
04/15/2013 A132360

People v. Smith

California Court of Appeal
Criminal Law & Procedure, Sentencing
In this reissued opinion, defendant's sentence on count 3 for active participation in a criminal street gang must be stayed in light of People v....
04/15/2013 D060317A

Coastside Fishing Club v. Cal. Fish and Game Commission

California Court of Appeal
Administrative Law, Environmental Law, Water Law
Judgment denying plaintiff's petition for writ of mandate directing the defendant to vacate its regulations that create Marine Protected Areas (MPAs)...
04/15/2013 D061121