California Appellate Courts
California Law Case Summaries
October 23, 2003
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California
Appellate Court
Case Law Case
Summaries:
October 23, 2003
California
Appellate Court
Case
Summaries: - October 23, 2003
CALIFORNIA APPELLATE DISTRICTS
DAILY OPINION SUMMARIES - October 23, 2003
Date:10/23/2003 Thu 6:16 PM
==============================================
TABLE OF CONTENTS
ADMINISTRATIVE LAW, AUTOS, CRIMINAL LAW & PROCEDURE
* MOLES v. GOURLY
CIVIL PROCEDURE, CONSTITUTIONAL LAW
* SLAUSON P'SHIP. v. OCHOA
CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
* DIXON v. REGENTS OF THE UNIV. OF CALIFORNIA
CORPORATION & ENTERPRISE LAW, LABOR & EMPLOYMENT LAW
* RALPHS GROCERY CO. v. SUPER. CT.
CRIMINAL LAW & PROCEDURE
* PEOPLE v. ESAYIAN
PRODUCT LIABILITY
* KB HOME v. THE SUP. CT. OF LOS ANGELES (CONSOL. INDUS. CORP.)
PUBLIC UTILITIES, TAX LAW
* COUNTY OF LOS ANGELES v. S. CALIFORNIA EDISON
==============================================
ADMINISTRATIVE LAW, AUTOS, CRIMINAL LAW & PROCEDURE
MOLES v. GOURLY, No. h022750 (Cal. 6th App. Dist. October 23, 2003)
A writ overturning the DMV's suspension of petitioner's driver's
license is reversed where, 1) Virginia's DUI law is substantially
the same as California's for purposes of reciprocal treatment under
the Driver License Compact, and 2) the Virginia record constitutes
sufficient proof of conviction under that state's substantially
similar DUI law.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/h022750.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h022750.pdf
ADMINISTRATIVE LAW, AUTOS, CRIMINAL LAW & PROCEDURE
MOLES v. GOURLY, No. h022750 (Cal. 6th App. Dist. October 23, 2003)
==============================================
CIVIL PROCEDURE, CONSTITUTIONAL LAW
SLAUSON P'SHIP. v. OCHOA, No. b162900 (Cal. 2d App. Dist. October
23, 2003)
The district court's order denying defendant's special motion to
strike plaintiffs complaint under Code of Civil Procedure section
425.16 is affirmed where, it was not error for the court to rely on
evidence of events occurring subsequent to the filing of the
complaint and plaintiff's entitlement to an injunction demonstrated
that it had a reasonable probability of success on the merits.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b162900.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b162900.pdf
SLAUSON P'SHIP. v. OCHOA, No. b162900 (Cal. 2d App. Dist. October23, 2003)
==============================================
CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
DIXON v. REGENTS OF THE UNIV. OF CALIFORNIA, No. b161390 (Cal. 2d
App. Dist. October 23, 2003)
In a case alleging wrongful discharge under the Fair Employment and
Housing Act, grant of summary judgment to defendant is reversed
where although plaintiff did not exhaust administrative remedies,
the futility doctrine excused his noncompliance.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b161390.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b161390.pdf
CIVIL RIGHTS, LABOR & EMPLOYMENT LAWDIXON v. REGENTS OF THE UNIV. OF CALIFORNIA,
No. b161390
==============================================
CORPORATION & ENTERPRISE LAW, LABOR & EMPLOYMENT LAW
RALPHS GROCERY CO. v. SUPER. CT., No. b168257 (Cal. 2d App. Dist.
October 23, 2003)
The district court's demurrer is affirmed and writ is denied where
portions of petitioner's bonus plan includes unlawful deductions
from wages and unlawful business practices.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b168257.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168257.pdf
CORPORATION & ENTERPRISE LAW, LABOR & EMPLOYMENT LAW
RALPHS GROCERY CO. v. SUPER. CT., No. b168257
==============================================
CRIMINAL LAW & PROCEDURE
PEOPLE v. ESAYIAN, No. d041376 (Cal. 4th App. Dist. October 23,
2003)
Defendant's conviction for driving under the influence is affirmed
where, defendant's blood was not drawn in violation of the Fourth
Amendment, his right to a fair trial was not violated by the
introduction of blood test results where the blood draw did not
comply with California's regulatory scheme, and the record does not
support a finding of systematic, deliberate and persistent violation
of the statutes by the County.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d041376.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041376.pdf
PEOPLE v. ESAYIAN, No. d041376 (Cal. 4th App. Dist. October 23,2003)
==============================================
PRODUCT LIABILITY
KB HOME v. THE SUP. CT. OF LOS ANGELES (CONSOL. INDUS. CORP.), No.
b167912 (Cal. 2d App. Dist. October 23, 2003)
The economic loss rule does not bar petitioner from recovering tort
damages for the cost of repairing and replacing defective furnaces,
as determining the nature of the product and whether the injury is
to the product itself or to property other than the defective
product is generally the province of the trier of fact.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b167912.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b167912.pdf
PRODUCT LIABILITYKB HOME v. THE SUP. CT. OF LOS ANGELES (CONSOL. INDUS. CORP.),
No.PUBLIC UTILITIES, TAX LAWb167912
==============================================
PUBLIC UTILITIES, TAX LAW
COUNTY OF LOS ANGELES v. S. CALIFORNIA EDISON, No. b159518 (Cal. 2d
App. Dist. October 23, 2003)
Where defendant was found to have underpaid documentary transfer
taxes on two electric power generating plants, judgment and award to
plaintiff is affirmed where plaintiff cannot for the first time on
appeal argue that as a matter of law it is entitled to judgment in
an amount based on the total consideration paid for the plants, or
that damages are inadequate.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b159518.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b159518.pdf
TAX LAWCOUNTY OF LOS ANGELES v. S. CALIFORNIA EDISON, No. b159518 (Cal. 2d
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CIVIL PROCEDURE, CONSTITUTIONAL LAWSLAUSON P'SHIP. v. OCHOAspecial No. b162900motion tostrike Code of Civil Procedure section425.16
