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California Civil Procedure
California Appellate Court
Case Summaries
 April 08, 2004

California Appellate Court
Case Law Case Summaries: April 08, 2004
2004/04/08 Thu PM 12:31:03 CDT

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TABLE OF CONTENTS

ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE
* SENECA INS. CO. v. COUNTY OF ORANGE

CONSUMER PRODUCTS, INJURY AND TORT LAW, PRODUCT LIABILITY
* WHITELEY v. PHILIP MORRIS INC.

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, JUVENILE LAW
* IN RE ANTHONY J.

CRIMINAL LAW & PROCEDURE, INJURY AND TORT LAW
* DICKENS v. PROVIDENT LIFE & ACCIDENT INS. CO.

FAMILY LAW, INDIAN LAW, JUVENILE LAW
* IN RE LOUIS S.

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ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE

SENECA INS. CO. v. COUNTY OF ORANGE, No. G031597 (Cal. 4th App.
Dist. March 24, 2004)
The court lacked jurisdiction to order a second extension of time on
the bond forfeiture at the request of a police detective not
appointed an agent of plaintiff-surety. Thus, summary judgment
against the surety was entered after the statutory period had
expired, and was invalid.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g031597.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031597.pdf

CONSUMER PRODUCTS, INJURY AND TORT LAW, PRODUCT LIABILITY

WHITELEY v. PHILIP MORRIS INC., No. A091444 (Cal. 1st App. Dist.
April 07, 2004)
Tobacco litigation verdict was likely prejudicially affected by an
erroneous refusal to instruct the jury that it could not base
liability on defendants' 1988-1998 conduct. The negligent design of
cigarettes was not shown to be a substantial factor contributing to
plaintiff's risk of developing lung cancer. Reversed and remanded.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/a091444.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a091444.pdf


CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, JUVENILE LAW

IN RE ANTHONY J., No. D040331, D041558 (Cal. 4th App. Dist. April
07, 2004)
Minor was prejudicially denied effective assistance by counsel's
failure to file an appeal from the judgment. An appeal would have
resulted in a reversal as there is insufficient evidence that he
received a stolen vehicle under Penal Code section 496d.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d040331.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040331.pdf


CRIMINAL LAW & PROCEDURE, INJURY AND TORT LAW

DICKENS v. PROVIDENT LIFE & ACCIDENT INS. CO., No. B159815 (Cal. 2d
App. Dist. April 07, 2004)
A malicious prosecution claim based upon the prior termination of a
criminal prosecution in the plaintiff's favor falls within the ambit
of the anti-SLAPP statute.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b159815.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b159815.pdf


FAMILY LAW, INDIAN LAW, JUVENILE LAW

IN RE LOUIS S., No. D043166 (Cal. 4th App. Dist. April 07, 2004)
Because the San Diego County Health and Human Services Agency did
not comply with the notice provisions of the Indian Child Welfare
Act, the order terminating services to the mother and continuing the
court's jurisdiction over her son under Welfare and Institutions
Code section 366.21 is reversed.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d043166.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043166.pdf

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