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California Civil Procedure
California Appellate Court
Case Summaries
 May 17, 2004

California Appellate Court
Case Law Case Summaries: May 17, 2004
2004/05/17 Mon PM 12:01:07 CDT
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TABLE OF CONTENTS

AUTOS, INSURANCE LAW
* NAVA v. MERCURY CAS. CO.

CRIMINAL LAW & PROCEDURE
* PEOPLE v. MURPHY

ENVIRONMENTAL LAW, PUBLIC UTILITIES
* CITY OF MORGAN HILL v. BAY AREA AIR QUALITY MGMT. DIST. (CALPINE
INC.)

TRANSPORTATION
* CITIZENS FOR IMPROVED SORRENTO ACCESS, INC. v. CITY OF SAN DIEGO
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AUTOS, INSURANCE LAW

NAVA v. MERCURY CAS. CO., No. H026223 (Cal. 6th App. Dist. April 20,
2004)
Defendant's auto policy clearly does not provide coverage for this
accident involving a "non-owned auto"; plaintiffs' argument that
registration means actual ownership is inconsistent with the policy
as a whole.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/h026223.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026223.pdf


CRIMINAL LAW & PROCEDUREviolated the knock-notice requirements

PEOPLE v. MURPHY, No. D040040 (Cal. 4th App. Dist. May 14, 2004)
On remand and in light of the recent US Supreme Court holding in US
v. Banks, the probation search of defendant's house is found to have
violated the knock-notice requirements and the Fourth Amendment.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d040040.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d040040.pdf


ENVIRONMENTAL LAW, PUBLIC UTILITIES

CITY OF MORGAN HILL v. BAY AREA AIR QUALITY MGMT. DIST. (CALPINE
INC.), No. A102518 (Cal. 1st App. Dist. May 14, 2004)
Challenge to defendant's issuance of a "prevention of significant
deterioration" permit to a natural gas power plant was properly
dismissed; the permit is federal in nature, making the California
Environmental Quality Act inapplicable.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/a102518a.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a102518a.pdf


TRANSPORTATION

CITIZENS FOR IMPROVED SORRENTO ACCESS, INC. v. CITY OF SAN DIEGO,
No. D043024, D043187 (Cal. 4th App. Dist. May 14, 2004)
City had the authority to close a portion of a public street based
on its legislative determination the road was no longer necessary
for vehicular traffic.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d043024.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043024.pdf

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