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California Court of Appeal - Opinion Summaries

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SPATES v. DAMERON HOSP. ASS'N

California Court of Appeal
Health Law, Injury & Tort Law
Summary judgment was properly granted against plaintiff in a case alleging negligent disposal of decedent's body, conversion and breach of fiduciary...
12/11/2003 C043762

PEOPLE v. WOLFE

California Court of Appeal
Criminal Law & Procedure
In a case alleging one count of unlawful possession of a firearm, where the jury could have found possession of up to 8 firearms, court's error in...
12/11/2003 E032675

ALBILLO v. INTERMODAL CONTAINER SERVS., INC.

California Court of Appeal
Labor & Employment Law, Workers' Compensation
An employer who elects to come under the workers' compensation law pursuant to Labor Code section 4150 necessarily agrees to be bound by Labor Code...
12/11/2003 B156444

IN RE THE MARRIAGE OF ROSS AND KELLEY

California Court of Appeal
Family Law
Trial courts are not per se prohibited from granting grandparent visitation, particularly where the parties stipulate to such visitation. The court...
12/10/2003 D041602

PEOPLE v. WATSON

California Court of Appeal
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
Evidence Code section 1380, adopted to facilitate the introduction of hearsay statements by the victims of various forms of elder abuse, meets...
12/10/2003 A098183

HERNANDEZ v. GUTIERREZ

California Court of Appeal
Criminal Law & Procedure
The Title 17 requirement that a breath test subject not regurgitate, vomit, eat, smoke, or ingest alcohol or any other fluid for at least 15 minutes...
12/10/2003 G031100

PEOPLE v. NEM

California Court of Appeal
Criminal Law & Procedure, Sentencing
An appeal from a judgment entered after a jury convicted him of first degree murder and other offenses reveals a minor court error in tabulating the...
12/10/2003 A100212

PEOPLE v. SUPERIOR COURT OF SANTA CLARA COUNTY (KIRBY)

California Court of Appeal
Criminal Law & Procedure
Penal Code sections 182(a) and 1203.065 do not preclude probation for conspiracy to pimp or conspiracy to pander.
12/10/2003 H025009

BLACK DIAMOND ASPHALT, INC. v. SAN JOAQUIN COUNTY SUPERIOR COURT

California Court of Appeal
Insurance Law
Because plaintiff is a non-insurer seeking to make a liability claim in its own name and for its own benefit, Ins. Code section 1063.1(c)(9) neither...
12/10/2003 C042523

PEOPLE v. SILVA

California Court of Appeal
Criminal Law & Procedure
Silva was not "in actual custody" within the meaning of Penal Code section 4019 when he was on his electronic home monitoring program. He was...
12/10/2003 C042576

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