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California Court of Appeal - Opinion Summaries

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Description Date Docket #

PEOPLE v. HERNANDEZ

California Court of Appeal
Criminal Law & Procedure
The trial court should have bifurcated the trial of a criminal street gang enhancement from the trial of the underlying offenses, but reversal is not...
06/23/2003 B150342

PEOPLE v. BRICENO

California Court of Appeal
Criminal Law & Procedure, Sentencing
Because a criminal street gang enhancement (Pen. Code section 186.22(b)(1)) cannot be used to transform an unenumerated offense into a "serious"...
06/20/2003 G029525, G029607

SANTA MONICA RENT CONTROL BD. v. PEARL STREET, LLC

California Court of Appeal
Civil Procedure, Landlord Tenant Law, Property Law & Real Estate
In an action alleging evasion of rent control, a SLAPP order striking the Board's complaint must be reversed, as must the order awarding defendants...
06/20/2003 B157751

IN RE MARRIAGE OF GRAHAM

California Court of Appeal
Family Law
Whether husband's eventual graduation from law school might have the effect of substantially enhancing his earning capacity is speculative, making...
06/20/2003 G029329

MOORE v. ANDERSON ZEIGLER DISHAROON GALLAGHER & GRAY

California Court of Appeal
Ethics & Professional Responsibility, Legal Malpractice
An attorney does not have a duty to beneficiaries under a will to evaluate and ascertain the testamentary capacity of a client seeking to amend the...
06/20/2003 A099643

KIRKEBY v. SUPERIOR COURT OF ORANGE COUNTY (FASCENELLI)

California Court of Appeal
Attorney's Fees, Property Law & Real Estate
An action to set aside a fraudulent conveyance did not affect title to or the right to possession of specific real property so as to support a lis...
06/19/2003 G031262

SANCHEZ v. CITY OF LOS ANGELES

California Court of Appeal
Civil Procedure, Ethics & Professional Responsibility
The trial court did not abuse its discretion in rejecting and dismissing plaintiffs' claim of impracticability, where the proffered reason for not...
06/19/2003 B157711

CENTURY SURETY CO. v. UNITED PAC. INS. CO.

California Court of Appeal
Insurance Law
Where three primary insurers and one excess insurer included "other insurance" clauses in their policies, the excess insurer is liable to contribute...
06/19/2003 B150373

CANTON POULTRY & DELI, INC. v. STOCKWELL, HARRIS, WIDOM & WOOLVERTON

California Court of Appeal
Ethics & Professional Responsibility, Legal Malpractice, Workers' Compensation
When plaintiff was dismissed from a workers' compensation case by operation of law, whatever duties defendant, who had represented plaintiff in the...
06/18/2003 B152610

PEOPLE v. JOHNSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
A gang enhancement, Pen. Code section 186.22(b)(1), cannot be applied to counts carrying a life term (here second degree murder).
06/18/2003 B160112

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