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 California Civil Procedure
California Appellate Court
Case Summaries
November 26, 2003

California Civil Procedure
California Appellate Court
Case Summaries
November 26, 2003
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TABLE OF CONTENTS

ANTITRUST & TRADE REGULATION, CLASS ACTIONS
* GLOBAL MINERALS & METALS CORP. v. SUP. CT.

ATTORNEY'S FEES, CIVIL PROCEDURE, CONSTRUCTION, INJURY AND TORT LAW,
INSURANCE LAW
* GARAMENDI v. GOLDEN EAGLE INS. CO.

CIVIL PROCEDURE, FALSE ADVERTISING, HEALTH LAW
* PEOPLE v. COLE

CONTRACTS, INJURY AND TORT LAW
* STERLING v. TAYLOR

CRIMINAL LAW & PROCEDURE
* PEOPLE v. MONTES

EVIDENCE, INJURY AND TORT LAW
* ROBERTI v. ANDY'S TERMITE & PEST CONTROL

GOVERNMENT BENEFITS, REMEDIES
* PEOPLE v. HUDSON

INJURY AND TORT LAW, PUBLIC UTILITIES
* PATERNO v. STATE OF CALIFORNIA

INJURY AND TORT LAW
* SHEELER v. GREYSTONE HOMES, INC.

ANTITRUST & TRADE REGULATION, CLASS ACTIONS

GLOBAL MINERALS & METALS CORP. v. SUP. CT., No. d041783 (Cal. 4th
App. Dist. November 26, 2003)
The trial court's certification of a Cartwright Act case as a class
action is reversed where the record does not support a finding of
sufficient community of interest and ascertainability among the
putative class members.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d0417
83.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/D041783.PDF


ATTORNEY'S FEES, CIVIL PROCEDURE, CONSTRUCTION, INJURY AND TORT LAW,
INSURANCE LAW

GARAMENDI v. GOLDEN EAGLE INS. CO., No. a097435 (Cal. 1st App. Dist.
November 26, 2003)
The liquidation court's order allowing claimants to collect under
defendant's policies is modified insofar as it reduced the
recoverable amount of the developer's damages, included personal
injury damages of and attorney fees, and excluded property damages.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a0974
35.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/A097435.PDF

GARAMENDI v. GOLDEN EAGLE INS. CO., No. a097435 (Cal. 1st App. Dist.

CIVIL PROCEDURE, FALSE ADVERTISING, HEALTH LAW

PEOPLE v. COLE, No. d040475 (Cal. 4th App. Dist. November 26, 2003)
The district court's order of preliminary injunction is affirmed
where the court properly enjoined defendant's advertising and
reversed where it erred in allowing defendant to continue
advertising optometric services with a disclaimer, and erred in
enjoining defendant from charging a fee for dilating patients' eyes
with eye drops.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d0404
75.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040475.pdf


CONTRACTS, INJURY AND TORT LAW

STERLING v. TAYLOR, No. b162961 (Cal. 2d App. Dist. November 26,2003)
Summary judgment to defendants is reversed in part where under the
evidence submitted by plaintiffs, the required elements are
sufficiently included so as to comply with the statute of frauds and
plaintiffs' parol evidence is adequate to render the written
memoranda sufficiently certain to be enforceable.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b1629
61.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/B162961.PDF


CRIMINAL LAW & PROCEDURE

PEOPLE v. MONTES, No. f040612,f040618 (Cal. 5th App. Dist. November
26, 2003)
Conviction reversed where the court erred in instructing the jury
that the crime of attempted voluntary manslaughter may be committed
by a perpetrator who "either intended to kill the victim, or acted
in conscious disregard for life," because intent to kill is an
element of the crime of attempted voluntary manslaughter. (Modified
opinion)

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/f0406
12m.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/F040612M.PDF


EVIDENCE, INJURY AND TORT LAW

ROBERTI v. ANDY'S TERMITE & PEST CONTROL, No. b158393,b160331 (Cal.2d App. Dist. November 26, 2003)
Dismissal reversed where the trial court applied a threshold
admissibility test to plaintiff's expert testimony, akin to the
federal rule of Daubert, which is not applicable under California
law. Excellent Discussion of Kelly-Frye Principle

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b1583
93.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/B158393.PDF
ROBERTI v. ANDY'S TERMITE & PEST CONTROL, No. b158393,b160331 (Cal.2d App. Dist. November 26, 2003)

GOVERNMENT BENEFITS, REMEDIES

PEOPLE v. HUDSON, No. a100928 (Cal. 1st App. Dist. November 26,
In a welfare fraud action, the trial court's restitution order is
reversed where the court's decision to deny any reimbursement for
foodstamp overpayment contravened the statutory mandate to order
restitution and, therefore, exceeded its discretion.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a1009
28.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/A100928.PDF
PEOPLE v. HUDSON, No. a100928 (Cal. 1st App. Dist. November 26,2003) restitution

INJURY AND TORT LAW, PUBLIC UTILITIES

PATERNO v. STATE OF CALIFORNIA, No. c040553 (Cal. 3d App. Dist.
November 26, 2003)
In an action arising out of the failure of a flood control project,
judgment to the district is affirmed and judgment for the state is
reversed where the State, but not the District, is liable for
plaintiff's damages, because of the unreasonable plan within the
SRFCP which accepted the levee as built without any measures to
ensure it met design standards.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c0405
53.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c040553.pdf


INJURY AND TORT LAW

SHEELER v. GREYSTONE HOMES, INC., No. b162614 (Cal. 2d App. Dist.
November 26, 2003)
Summary judgment to defendants is affirmed where there are no
triable issues as to whether defendant is liable for plaintiff's
injuries under negligence theory or the theory of premises
liability.

To read the full text of this opinion, go to:

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b1626
14.html
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/B162614.PDF

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FINDLAW DAILY OPINION SUMMARIES - November 26, 2003
CALIFORNIA APPELLATE DISTRICTS
http://california.lp.findlaw.com/ca12_california_courts/appeal.html
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
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November 26, 2003ATTORNEY'S FEES, CIVIL PROCEDURE,