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California Civil Procedure
California Appellate Court
Case Summaries
 April 20, 2004

California Appellate Court
Case Law Case Summaries: April 20, 2004
2004/04/21 Wed PM 01:57:25 CDT
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TABLE OF CONTENTS

ATTORNEY'S FEES, PROPERTY LAW & REAL ESTATE
* MORAN v. OSO VALLEY GREENBELT ASS'N

ATTORNEY'S FEES, PUBLIC UTILITIES
* S. CALIFORNIA EDISON CO. v. PUB. UTILS. COMM'N OF THE STATE OF
CALIFORNIA (UTIL. REFORM NETWORK)

CIVIL RIGHTS, FAMILY LAW, INJURY AND TORT LAW
* HERNANDEZ v. COUNTY OF SAN BERNARDINO

CIVIL RIGHTS, INJURY AND TORT LAW
* HAGGERTY v. SUPERIOR COURT OF SAN DIEGO COUNTY (GUINDAZOLA)

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION
* CITIZENS FOR GOLETA VALLEY v. HT SANTA BARBARA

CONTRACTS, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
* MILLIKAN v. AM. SPECTRUM REAL ESTATE SERVS. CALIFORNIA, INC.

CRIMINAL LAW & PROCEDURE, EVIDENCE
* ALVAREZ v. SUPERIOR COURT OF LOS ANGELES COUNTY (LOS ANGELES
COUNTY SHERIFF'S DEP'T)

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* PEOPLE v. GIPSON

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ATTORNEY'S FEES, PROPERTY LAW & REAL ESTATE

MORAN v. OSO VALLEY GREENBELT ASS'N, No. G031179 (Cal. 4th App.
Dist. April 08, 2004)
Defendant has failed to establish that the court abused its
discretion by awarding fees to plaintiff in this suit concerning the
common interest development's failure to produce minutes of board of
directors' meetings upon the homeowner's request.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/g031179.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031179.pdf


ATTORNEY'S FEES, PUBLIC UTILITIES

S. CALIFORNIA EDISON CO. v. PUB. UTILS. COMM'N OF THE STATE OF
CALIFORNIA (UTIL. REFORM NETWORK), No. B166993 (Cal. 2d App. Dist.
April 20, 2004)
Award of compensation for fees and costs of a nonprofit consumer
advocacy organization per Public Utility Code section 1801 is
affirmed.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166993.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166993.pdf


CIVIL RIGHTS, FAMILY LAW, INJURY AND TORT LAW

HERNANDEZ v. COUNTY OF SAN BERNARDINO, No. E033882 (Cal. 4th App.
Dist. April 20, 2004)
Trial court erred in granting Eleventh Amendment immunity where
plaintiff suffered wage garnishments and a levy on his savings
account because the Family Support Division of the District
Attorney's office confused him with another person owing child
support.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/e033882.html  

HERNANDEZ v. COUNTY OF SAN BERNARDINO, No. E033882 (Cal. 4th App.Dist. April 20, 2004)
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e033882.pdf


CIVIL RIGHTS, INJURY AND TORT LAW

HAGGERTY v. SUPERIOR COURT OF SAN DIEGO COUNTY (GUINDAZOLA), No.
D043033 (Cal. 4th App. Dist. April 20, 2004)
Superior court erred in ordering the Sheriff's Department to
disclose the internal affairs investigative report - concerning the
incident underlying this excessive force claim - without first
redacting those portions of the report reflecting the investigating
officer's analysis and conclusions.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d043033.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043033.pdf


CONTRACTS, DISPUTE RESOLUTION & ARBITRATION

CITIZENS FOR GOLETA VALLEY v. HT SANTA BARBARA, No. B168458 (Cal. 2d
App. Dist. April 20, 2004)
Trial court correctly construed the settlement agreement between
hotel developers and local citizens as requiring defendants to
maintain the bond guaranty or provide a letter of credit securing
their obligation to make the remaining quarterly payments to the
Land Trust.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b168458.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168458.pdf


CONTRACTS, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE

MILLIKAN v. AM. SPECTRUM REAL ESTATE SERVS. CALIFORNIA, INC., No.
G031944 (Cal. 4th App. Dist. April 20, 2004)
Sale of the property by the landlord following the tenant's
abandonment of a lease does not deprive the landlord of its
available contract remedies under Civil Code section 1951.2.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/g031944.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031944.pdf


CRIMINAL LAW & PROCEDURE, EVIDENCE

ALVAREZ v. SUPERIOR COURT OF LOS ANGELES COUNTY (LOS ANGELES COUNTY
SHERIFF'S DEP'T), No. B172785 (Cal. 2d App. Dist. April 20, 2004)
Because effective pre-trial investigation requires that petitioner
be given the complaining deputy's statements in a prosecution for
resisting arrest, he has established good cause for the information
within the meaning of Evidence Code section 1043(b)(3). Petition for
supplemental Pitchess discovery is granted.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b172785.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b172785.pdf


CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

PEOPLE v. GIPSON, No. H025783, H027155 (Cal. 6th App. Dist. April
20, 2004)
Because the Three Strikes law was enacted for the public good and in
pursuance of public policy, defendant's contract clause challenge
fails; his habeas petition is unavailing.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h025783.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h025783.pdf
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FINDLAW DAILY OPINION SUMMARIES - April 20, 2004
CALIFORNIA APPELLATE DISTRICTS
http://california.lp.findlaw.com/ca12_california_courts/appeal.html
Opinion Summaries Archive September 2000 to the Present
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