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

California Appellate Court
Case Law Case Summaries: May 14, 2004
2004/05/14 Fri PM 12:21:53 CDT
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TABLE OF CONTENTS

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* IN RE CORTINAS

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

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

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

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

PROBATE, TRUSTS & ESTATES
* ESTATE OF MIRAMONTES-NAJERA
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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."

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h025526.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h025526.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:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d040174.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040174.pdf

DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

FITZ v. NCR CORP., No. D041738 (Cal. 4th App. Dist. April 27, 2004)
Order denying defendant-employer's motion to compel arbitration of
this wrongful termination claim is affirmed.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d041738.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041738.pdf

FAMILY LAW

VICTORIA S. v. SUPERIOR COURT OF ORANGE COUNTY (ORANGE COUNTY SOC.
SERVS. AGENCY), No. G033652 (Cal. 4th App. Dist. May 12, 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
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g033652.pdf

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.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b170729.html
[PDF File]
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.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d042212.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042212.pdf

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