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California Court of Appeal - Opinion Summaries

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Description Date Docket #

HART v. HART

California Court of Appeal
Civil Procedure
Under Code of Civil Procedure section 128.7(c)(1), a sanctions motion served on opposing party that is not identical to the one filed with the court...
01/18/2002 G025656

PEOPLE v. McCLELLAN

California Court of Appeal
Criminal Law & Procedure, Sentencing
In a case of armed robbery, the prosecution is bound by a plea agreement that allowed for sentencing under either Penal Code 12022.53 or 12022.5 at...
01/17/2002 B144957

PEOPLE v. SMITH

California Court of Appeal
Criminal Law & Procedure
Under Penal Code 1538.5, once a defendant challenges an unwarranted search as unreasonable, the prosecution must present evidence justifying the...
01/16/2002 D036108

LYNCH v. WARWICK

California Court of Appeal
Legal Malpractice
The actual innocence requirement for a criminal legal malpractice case applies regardless of whether the former criminal defendant is seeking damages...
01/16/2002 D035507

PEOPLE v. SCHLAGER

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant, who pled no contest to a series of crimes and agreed to a certain maximum possible sentence, must obtain a certificate of probable cause in...
01/16/2002 C036624

IN RE: MARRIAGE OF THORNTON

California Court of Appeal
Family Law
Under Family Code 4337, a waiver of the automatic termination of spousal support upon remarriage must be in writing and explicit and cannot be...
01/16/2002 B149529

REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA v. RADOS BROS.

California Court of Appeal
Property Law & Real Estate
In a public domain action, the presence of a property that is not "blighted" within a redevelopment district will not defeat a claim that acquiring...
01/16/2002 D037231

GRAY v. SUPERIOR COURT (PEOPLE)

California Court of Appeal
Criminal Law & Procedure
Under the Sexually Violent Predators Act, Welf. & Inst. Code 6600 et seq., a post-filing split of expert opinion on whether a defendant is a...
01/16/2002 E029464

MACKINNON v. TRUCK INS. EXCH.

California Court of Appeal
Insurance Law
A commercial comprehensive general liability insurance policy pollution exclusion excludes coverage for a third party personal injury claim arising...
01/15/2002 E028662

PEOPLE v. WILSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Although Penal Code 451.1(a)(5) provides for a sentence enhancement if arson is committed by use of an accelerant, the opening words of the statute,...
01/15/2002 B151042

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