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California Civil Procedure
California Appellate Court
Case Summaries
 April 01, 2004

California Appellate Court
Case Law Case Summaries: April 01, 2004
Fri 4/2/2004 10:24 AM

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TABLE OF CONTENTS

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
* PEOPLE v. HOFSHEIER

CONTRACTS, LANDLORD TENANT LAW, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE
* LUNDIN/WEBER CO. LLC v. BREA OIL CO., INC.

CRIMINAL LAW & PROCEDURE, SENTENCING
* MOORE v. SUPERIOR COURT OF SUTTER COUNTY (PEOPLE)

CRIMINAL LAW & PROCEDURE, UNFAIR COMPETITION LAW
* KEARNEY v. SALOMON SMITH BARNEY, INC.

CRIMINAL LAW & PROCEDURE
* PEOPLE v. PRE

ETHICS & PROFESSIONAL RESPONSIBILITY, HEALTH LAW, PROFESSIONAL MALPRACTICE
* BEARMAN v. SUPERIOR COURT OF LOS ANGELES COUNTY (JOSEPH)
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE

PEOPLE v. HOFSHEIER, No. H026217 (Cal. 6th App. Dist. April 01,
2004)
Penal Code section 290 violates defendant's right to equal
protection of the laws because it requires sex offender registration
for persons convicted of committing oral copulation with a person
under 18 while not requiring registration for persons convicted of
committing unlawful sexual intercourse with a person under 18.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/h026217.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026217.pdf


CONTRACTS, LANDLORD TENANT LAW, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE

LUNDIN/WEBER CO. LLC v. BREA OIL CO., INC., No. F042604 (Cal. 5th
App. Dist. April 01, 2004)
Where the parties to an oil and gas lease have set out the lessee's
exploration and development responsibilities in such a way as to
leave no room for the implication of a duty to do more than that
which is specified in their agreement, the so-called implied
covenant of further exploration will not be recognized.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/f042604.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f042604.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

MOORE v. SUPERIOR COURT OF SUTTER COUNTY (PEOPLE), No. C044242 (Cal.
3d App. Dist. January 22, 2004)
The five-year "washout" period of Proposition 36 commenced when
petitioner committed the disqualifying prior felony, not when he was
convicted of that felony. As a result, he is not disqualified from
Proposition 36 probation.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c044242.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c044242.pdf


CRIMINAL LAW & PROCEDURE, UNFAIR COMPETITION LAW

KEARNEY v. SALOMON SMITH BARNEY, INC., No. A101477 (Cal. 1st App.
Dist. April 01, 2004)
Neither Penal Code section 632 nor Business and Professions Code
section 17200 were violated by defendant's actions in recording, in
Georgia, telephone conversations with some of its customers in
California. The recordings were lawful in Georgia because they were
made with the consent of one party to the calls.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a101477.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a101477.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. PRE, No. D040874 (Cal. 4th App. Dist. April 01, 2004)
Evidence was abundantly sufficient to support conviction of torture.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d040874.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040874.pdf


ETHICS & PROFESSIONAL RESPONSIBILITY, HEALTH LAW, PROFESSIONAL MALPRACTICE

BEARMAN v. SUPERIOR COURT OF LOS ANGELES COUNTY (JOSEPH), No.
B169276 (Cal. 2d App. Dist. April 01, 2004)
In investigating a claim that plaintiff indiscriminately recommended
the medicinal use of marijuana to one of his patients, the Medical
Board failed to demonstrate sufficient facts to support a finding of
good cause to invade the patient's right of privacy. Trial court
must vacate its order enforcing an administrative subpoena for the
patient's medical records.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b169276.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b169276.pdf

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FINDLAW DAILY OPINION SUMMARIES - April 01, 2004
CALIFORNIA APPELLATE DISTRICTS
http://california.lp.findlaw.com/ca12_california_courts/appeal.html ll
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
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