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California Civil Procedure
California Appellate Court
Case Summaries
 April 30, 2004

California Appellate Court
Case Law Case Summaries: April 30, 2004
2004/04/30 Fri PM 12:32:34 CDT
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TABLE OF CONTENTS

ATTORNEY'S FEES, CLASS ACTIONS
* GARABEDIAN v. LOS ANGELES CELLULAR TEL. CO.

BANKRUPTCY LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW, TAX LAW
* CAVANAGH v. CALIFORNIA UNEMPLOYMENT INS. APPEALS BD.

CRIMINAL LAW & PROCEDURE, EVIDENCE
* PEOPLE v. CERVANTES

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. ARATA

* PEOPLE v. MOORE

CRIMINAL LAW & PROCEDURE
* PEOPLE v. WELLS

* PEOPLE v. PEREZ

* PEOPLE v. WEAVER

DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW
* MARTINEZ v. MASTER PROT. CORP.

EVIDENCE
* VENTURE LAW GROUP v. SUPERIOR COURT OF SANTA CLARA COUNTY
(SINGHANIA)

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ATTORNEY'S FEES, CLASS ACTIONS

GARABEDIAN v. LOS ANGELES CELLULAR TEL. CO., No. G031165 (Cal. 4th
App. Dist. April 29, 2004)
Defendants were not contractually bound to pay $14 million in
attorney fees where reasonable attorney fees were $8 million.
Summary judgment for defendants is affirmed.

To read the full text of this opinion, go to:
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[PDF File]
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BANKRUPTCY LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW, TAX LAW

CAVANAGH v. CALIFORNIA UNEMPLOYMENT INS. APPEALS BD., No. C042172
(Cal. 3d App. Dist. March 30, 2004)
Trial court properly denied plaintiff's petition for a writ of
mandate to prevent the Employment Development Department from taking
further action against him to collect unpaid unemployment insurance
contributions and other taxes owed by his insolvent business. The
assessments did not violate the automatic stay under then-effective
version of the bankruptcy code, and the insurance code barred the
court from issuing the writ of mandate enjoining the Department from
collecting the contribution.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/c042172.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c042172.pdf


CRIMINAL LAW & PROCEDURE, EVIDENCE

PEOPLE v. CERVANTES, No. B150919 (Cal. 2d App. Dist. April 29, 2004)
Admission into evidence of a statement made by one criminal
defendant to his neighbor regarding the shooting did not violate the
other two defendants' right to confront and cross-examine the
declarant.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b150919.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b150919.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. ARATA, No. C042769 (Cal. 3d App. Dist. April 29, 2004)
Defendant is entitled to credit against his state prison term for
the actually served custody credits and conduct credits that accrued
to him; trial court lacked authority to impose an $800 restitution
fine per Penal Code section 1202.4 when it had already imposed a
$600 fine at the time defendant was granted probation.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/c042769.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c042769.pdf


CRIMINAL LAW & PROCEDURE, SENTENCING

PEOPLE v. MOORE, No. H025922 (Cal. 6th App. Dist. March 30, 2004)
A prior conviction for making a criminal threat in violation of
Penal Code section 422 qualifies as a "strike" under the 2000
amendments to the Three Strikes Law.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h025922.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h025922.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. WELLS, No. A099569 (Cal. 1st App. Dist. April 29, 2004)
Defendant, a "Three Strikes" defendant, unsuccessfully appeals from
his conviction for several sex offenses against two minors.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a099569.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a099569.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. PEREZ, No. B165450 (Cal. 2d App. Dist. April 29, 2004)
Evidence failed to support the jury's finding that the attempted
murder was committed for the benefit of a criminal street gang
within the meaning of Penal Code section 186.22(b)(1). Conviction of
making a criminal threat is reversed because of instructional error.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165450.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. WEAVER, No. D039114 (Cal. 4th App. Dist. April 29, 2004)
Trial court erred in not allowing sex offender to withdraw the
guilty plea that he entered under judicial duress.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d039114.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d039114.pdf


DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW

MARTINEZ v. MASTER PROT. CORP., No. B166087 (Cal. 2d App. Dist.
April 15, 2004)
Defendant's arbitration agreement, which provides that all claims
related to plaintiff's employment are subject to arbitration, is
procedurally and substantively unconscionable, permeated with
illegality, and unenforceable.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166087.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166087.pdf


EVIDENCE

VENTURE LAW GROUP v. SUPERIOR COURT OF SANTA CLARA COUNTY
(SINGHANIA), No. H026113 (Cal. 6th App. Dist. April 07, 2004)
Trial court erred in granting real parties' motion to compel third
party witness to answer deposition questions that would violate the
attorney-client privilege.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h026113.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026113.pdf

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FINDLAW DAILY OPINION SUMMARIES - April 29, 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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