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California Civil Procedure
California Appellate Court
Case Summaries
 May 14, 2004-CDN

California Appellate Court
Case Law Case Summaries: May 06, 2004
2004/05/14 Fri PM 06:42:59 CDT
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TABLE OF CONTENTS

DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
* FITZ v. NCR CORP.

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* IN RE CORTINAS

HEALTH LAW, INSURANCE LAW, PROFESSIONAL MALPRACTICE
* CHEN v. SUPERIOR COURT OF LOS ANGELES COUNTY (GILL)

PROBATE, TRUSTS & ESTATES
* ESTATE OF MIRAMONTES-NAJERA

CRIMINAL LAW & PROCEDURE, SENTENCING, WHITE COLLAR CRIME
* PEOPLE v. WILLIAMS

FAMILY LAW
* VICTORIA S. v. SUPERIOR COURT OF ORANGE COUNTY (ORANGE COUNTY
SOC. SERVS. AGENCY)

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California Appellate Districts
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DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
FITZ v. NCR CORP., No D041738 (Cal. 4th App. Dist. May 13, 2004)
Order denying defendant-employer's motion to compel arbitration of this
wrongful termination claim is affirmed.

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CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
IN RE CORTINAS, No H025526 (Cal. 6th App. Dist. May 13, 2004)
The Board of Prison Terms did not abuse its discretion by denying
parole to convicted murderer at his 2000 hearing, because there was
"some evidence" to support its conclusion that he would "pose an
unreasonable risk of danger to society if released from prison."

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HEALTH LAW, INSURANCE LAW, PROFESSIONAL MALPRACTICE
CHEN v. SUPERIOR COURT OF LOS ANGELES COUNTY (GILL), No B170729 (Cal.
2d App. Dist. May 13, 2004)
This case examines the scope, application and limitations of Insurance
Code section 1280.7, authorizing the establishment of a trust to provide
malpractice defense and indemnity coverage.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/b170729.pdf

PROBATE, TRUSTS & ESTATES
ESTATE OF MIRAMONTES-NAJERA, No D042212 (Cal. 4th App. Dist. May 13,
2004)
Per Probate Code section 5021, a surviving spouse who did not consent
to transfers of community property into bank accounts for third persons
may enforce his or her community property interest on an asset-by-asset
basis, even though he or she is already receiving more than one-half of
the total community property.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/d042212.pdf

CRIMINAL LAW & PROCEDURE, SENTENCING, WHITE COLLAR CRIME
PEOPLE v. WILLIAMS, No D040174 (Cal. 4th App. Dist. May 13, 2004)
Defendant's increased sentence, based on the then-applicable aggravated
white collar crime enhancement, did not violate the federal and state
constitutional provisions against ex post facto laws.

To read the full text of this opinion, go to:
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To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040174.pdf

FAMILY LAW
VICTORIA S. v. SUPERIOR COURT OF ORANGE COUNTY (ORANGE COUNTY SOC.
SERVS. AGENCY), No G033652 (Cal. 4th App. Dist. May 13, 2004)
Petition for review of the order scheduling a permanency planning
hearing for petitioner's daughter is denied. It is not clear there is no
one willing to assume legal guardianship, thus it was necessary to set a
Welfare and Institutions Code section 366.26 hearing.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/g033652.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g033652.pdf

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