California Court of Appeal - Opinion Summaries

PEOPLE v. BRAXTON

Criminal Law & Procedure
The trial court erred in refusing to entertain defendant's timely oral new trial motion, and defendant was relieved of any obligation to bring a...

SPRAGUE v. COUNTY OF SAN DIEGO

Civil Procedure, Government Law, Property Law & Real Estate
The 90-day service of summons requirement in Government Code section 66499.37 is mandatory and operates as a statute of limitations, and the county...

MCMAHON v. SUPERIOR COURT OF LOS ANGELES COUNTY (AM. EQUITY INS. CO.)

Civil Procedure, Insurance Law
A trial court have authority to shorten the minimum notice period for the hearing of a summary judgment motion.

ELSNER v. UVEGES

Injury & Tort Law, Insurance Law, Labor & Employment Law
Labor Code section 6304.5 does not permit introduction of Cal-OSHA safety standards or orders into evidence in employee third party personal injury...

TAYLOR v. THE SUPERIOR COURT OF SAN DIEGO COUNTY (SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY)

Constitutional Law, Family Law, Juvenile Law
Where a minor did not receive an evidentiary hearing before the referee dismissed the dependency petition, and the lack of hearing was not harmless...

PEOPLE v. DEPORCERI

Criminal Law & Procedure, Sentencing
A prior conviction of assault with intent to commit lewd touching (Pen. Code, section 220) qualifies as a strike under the three strikes statutes...

PEOPLE v. BELMARES

Criminal Law & Procedure
Deterring an executive officer from performing a lawful duty is not a lesser included offense of resisting a peace officer in the discharge of an...

DEE v. VINTAGE PETROL., INC.

Civil Rights, Labor & Employment Law
Where an employee's supervisor asks her to lie about company business, asks her to secretly take a document from the desk of another supervisor,...

MITSUBISHI MATERIALS CORP. v. SUPERIOR COURT OF ORANGE COUNTY (DILLMAN)

Government Law, Injury & Tort Law, International Law
Claims by surviving American prisoners of war against a number of Japanese companies for whom they were forced to do slave labor during World War II,...

WIZ TECHNOLOGY, INC. v. COOPERS & LYBRAND LLP

Contracts, Corporation & Enterprise Law, Securities Law
Defendant auditor's resignation was justified by plaintiff's breach of a material condition that required it to hire different counsel for securities...