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

 

California Appellate Court
Case Law
Case Summaries: May 14, 2004
2004/05/14 Fri PM 12:36:38 CDT
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TABLE OF CONTENTS

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
* PLANCARTE v. GUARDSMARK, LLC

FAMILY LAW, JUVENILE LAW
* IN RE ISAYAH C.

COMMUNICATIONS LAW, ENVIRONMENTAL LAW, ZONING LAW
* ZACK v. MARIN EMERGENCY RADIO AUTH.

CRIMINAL LAW & PROCEDURE
* PEOPLE v. DOMINGUEZ

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California Appellate Districts
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INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
PLANCARTE v. GUARDSMARK, LLC, No A102152 (Cal. 1st App. Dist. May 12,
2004)

Defendant is not liable for an assault allegedly committed by an
unsupervised security guard in its employ.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a102152.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102152.pdf

FAMILY LAW, JUVENILE LAW
IN RE ISAYAH C., No A103022 (Cal. 1st App. Dist. May 12, 2004)
Trial court's order removing the child from his incarcerated father's
custody and placing him with the mother's sister was insufficiently
supported by findings based on clear and convincing evidence.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a103022.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a103022.pdf

COMMUNICATIONS LAW, ENVIRONMENTAL LAW, ZONING LAW
ZACK v. MARIN EMERGENCY RADIO AUTH., No A102148 (Cal. 1st App. Dist.
May 12, 2004)

To place a radio antenna in Tiburon, joint powers agency need not first
comply with the town's land use ordinances or prepare a subsequent
environmental impact report (SEIR) per the California Environmental
Quality Act; defendant is not subject to local zoning law, and an SEIR
is not required under the circumstances.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a102148.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102148.pdf

CRIMINAL LAW & PROCEDURE
PEOPLE v. DOMINGUEZ, No H022727 (Cal. 6th App. Dist. May 12, 2004)
Conviction of first degree felony murder is reversed where the jury
instructions addressed only the possibility that defendant, rather than
his cohort, was the killer; kidnapping conviction is reversed because
the "asportation" element of that offense was not satisfied.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h022727.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h022727.pdf

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