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California Civil Procedure
California Appellate Court
Case Summaries
 May 07, 2004-CDN

California Appellate Court
Case Law Case Summaries: April 30, 2004
2004/05/07 Fri PM 04:40:33 CDT
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TABLE OF CONTENTS

INJURY AND TORT LAW
* WIENER v. SOUTHCOAST CHILDCARE CTRS., INC.

CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. LENART

CYBERSPACE LAW, INJURY AND TORT LAW, DEFAMATION
* TRADITIONAL CAT ASS'N, INC. v. GILBREATH

INJURY AND TORT LAW
* SIEBEL v. MITTLESTEADT

CRIMINAL LAW & PROCEDURE
* PEOPLE v. CHAVEZ
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Supreme Court of California
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INJURY AND TORT LAW
WIENER v. SOUTHCOAST CHILDCARE CTRS., INC., No S116358 (Cal. May 06,
2004)
Child care center and its owner are not liable in tort for a third
party's intentional criminal act against the center's children when
there had been no reported prior similar criminal acts or indeed any
similar activity on or near the premises.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s116358.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s116358.pdf

CRIMINAL LAW & PROCEDURE, SENTENCING
PEOPLE v. LENART, No S049389 (Cal. May 06, 2004)
Death row inmate's conviction and sentence are affirmed on automatic
appeal.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s049389.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s049389.pdf

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California Appellate Districts
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CYBERSPACE LAW, INJURY AND TORT LAW, DEFAMATION
TRADITIONAL CAT ASS'N, INC. v. GILBREATH, No D041421 (Cal. 4th App.
Dist. May 06, 2004)
The single-publication rule applies to defamatory statements published
on Internet Web sites; the rule's one-year statute of limitations bars
plaintiffs' defamation cause of action.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d041421.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041421.pdf

INJURY AND TORT LAW
SIEBEL v. MITTLESTEADT, No H025069 (Cal. 6th App. Dist. May 06, 2004)
Plaintiff could sue for malicious prosecution even when, following
judgment in his favor on the underlying action, he and the opposing
party reached a settlement in which they agreed to dismiss their
respective appeals.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h025069.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h025069.pdf

CRIMINAL LAW & PROCEDURE
PEOPLE v. CHAVEZ, No F034110 (Cal. 5th App. Dist. May 06, 2004)
First degree drive-by murder is not felony murder. Although
premeditation is not required to establish the crime, a specific intent
to kill is required.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/f034110.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f034110.pdf
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FINDLAW DAILY OPINION SUMMARIES - May 06, 2004
CALIFORNIA CASE LAW SUMMARIES
http://findlaw.com
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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