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 April 13, 2004

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California Civil Procedure
California Appellate Court
Case Summaries
 April 13, 2004

California Appellate Court
Case Law
Case Summaries: April 09, 2004
2004/04/14 Wed PM 12:29:29 CDT
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TABLE OF CONTENTS

AUTOS, DISPUTE RESOLUTION & ARBITRATION, INSURANCE LAW, SANCTIONS
* MIRANDA v. 21ST CENTURY INS. CO.

CONTRACTS
* POWERS v. RUG BARN

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. STEWART

* PEOPLE v. MEEKS

CRIMINAL LAW & PROCEDURE
* PEOPLE v. PITTS

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AUTOS, DISPUTE RESOLUTION & ARBITRATION, INSURANCE LAW, SANCTIONS

MIRANDA v. 21ST CENTURY INS. CO., No. G031774 (Cal. 4th App. Dist.
April 13, 2004)

Underinsured motorist arbitration was properly dismissed where
plaintiff refused to obey a prior discovery order to authorize
release of medical records.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g031774.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031774.pdf

CONTRACTS

POWERS v. RUG BARN, No. E033920 (Cal. 4th App. Dist. April 13, 2004)

Because plaintiffs failed adequately to allege and produce evidence
of independently wrongful conduct on the part of defendants, summary
judgment in defendants' favor is affirmed in this action for
interference with contract and prospective economic advantage.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/e033920.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e033920.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. STEWART, No. B168501 (Cal. 2d App. Dist. April 13, 2004)

Trial court committed jurisdictional error by failing to impose
Penal Code section 1464(a) and Government Code section 76000(a)
penalty assessments on the Penal Code section 290.3(a) sex offender
fine. The judgment is modified to reflect $340 in additional penalty
assessments.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b168501.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168501.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. MEEKS, No. C036854 (Cal. 3d App. Dist. April 13, 2004)
In light of defendant's long and serious criminal history, trial
court did not abuse its discretion in sentencing him to 25 years to
life for failing to register within five days after changing his
address as required by Penal Code section 290(a)(1)(A).

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/c036854.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c036854.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. PITTS, No. D041775 (Cal. 4th App. Dist. March 22, 2004)

The circumstances known or apparent to the officer at the point of
detention did not include any specific and reliable information
indicating defendant was presently engaged in criminal activity. The
detention was therefore unlawful.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/d041775.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041775.pdf

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FINDLAW DAILY OPINION SUMMARIES
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:
http://caselaw.lp.findlaw.com/casesummary/index.html
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