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California Civil Procedure
California Appellate Court
Case Summaries
March  25, 2004

California Appellate Court
Case Law Case Summaries: March 25, 2004
2004/03/26 Fri PM 04:16:59 CST

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TABLE OF CONTENTS

ELDER LAW, INJURY AND TORT LAW
* INTRIERI v. SUPERIOR COURT OF SANTA CLARA COUNTY (OCADIAN CARE
CTRS., INC.)

EDUCATION LAW
* KATZ v. LOS GATOS-SARATOGA JOINT UNION HIGH SCH. DIST.

PROPERTY LAW & REAL ESTATE, TRANSPORTATION
* CITIZENS FOR BETTER STS. v. BD. OF SUPERVISORS OF THE CITY &
COUNTY OF SAN FRANCISCO

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
* CENTENO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE)

ENVIRONMENTAL LAW, WATER LAW
* SAN DIEGO COUNTY WATER AUTH. v. METRO. WATER DIST. OF S.
CALIFORNIA

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California Appellate Districts
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ELDER LAW, INJURY AND TORT LAW
INTRIERI v. SUPERIOR COURT OF SANTA CLARA COUNTY (OCADIAN CARE CTRS.,
INC.), No H025074 (Cal. 6th App. Dist. March 25, 2004)
In this case, arising from the death of an Alzheimer's patient
following her admission to a nursing home, triable questions of fact
exist as to the reckless neglect element of the cause of action for
elder abuse, and as to causes of action for fraud and negligent
misrepresentation. Summary judgment for nursing home is vacated.

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EDUCATION LAW
KATZ v. LOS GATOS-SARATOGA JOINT UNION HIGH SCH. DIST., No H024944
(Cal. 6th App. Dist. March 25, 2004)
The Education Code requires a school district to admit children who
live on property that lies only partly within the district's geographic
boundaries.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/h024944.pdf

PROPERTY LAW & REAL ESTATE, TRANSPORTATION
CITIZENS FOR BETTER STS. v. BD. OF SUPERVISORS OF THE CITY & COUNTY OF
SAN FRANCISCO, No A102773 (Cal. 1st App. Dist. March 25, 2004)
Streets and Highways Code section 72, by which State granted land to
City, did not require City to either build roads on the land or sell it
and use the proceeds for building roads. The land could be used for any
purpose at all as long as the proceeds from its disposition are applied
to building replacement streets.

To read the full text of this opinion, go to:
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To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102773.pdf

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
CENTENO v. SUPERIOR COURT OF LOS ANGELES COUNTY (PEOPLE), No B170615
(Cal. 2d App. Dist. March 25, 2004)
Defendant's Fifth and Sixth Amendment rights are not violated by the
procedures for determining his mental retardation, including examination
by court-appointed or prosecution experts. However, the trial court must
prohibit any tests it concludes are not reasonably related to
determining mental retardation.

To read the full text of this opinion, go to:
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http://caselaw.lp.findlaw.com/data2/californiastatecases/b170615.pdf

ENVIRONMENTAL LAW, WATER LAW
SAN DIEGO COUNTY WATER AUTH. v. METRO. WATER DIST. OF S. CALIFORNIA, No
A098526 (Cal. 1st App. Dist. March 25, 2004)
Metropolitan Water District Act section 135 does not require defendant
to break down its water rate into component parts thereby giving
preferential rights credit for amounts applied to the categories or
classifications of capital costs and operating expenses.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a098526.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a098526.pdf

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