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California Civil Procedure
California Appellate Court
Case Summaries
May 18, 2004-CDN
California Appellate Court
Case Law
Case
Summaries:
May 18, 2004-CDN
2004/05/18 Tue PM 12:41:20 CDT
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TABLE OF CONTENTS
AUTOS, INSURANCE LAW
* HAYNES v. FARMERS INS. EXCH.
CRIMINAL LAW & PROCEDURE, SENTENCING
* PEOPLE v. POLLOCK
CRIMINAL LAW & PROCEDURE
* PEOPLE v. SCHAEFER
GOVERNMENT CONTRACTS
* VALLEY VISTA SERVS., INC. v. CITY OF MONTEREY PARK
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Supreme Court of California
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AUTOS, INSURANCE LAW
HAYNES v. FARMERS INS. EXCH., No S104851 (Cal. May 17, 2004)
The permissive user limitation in defendant's "E-Z Reader Car Policy" -
purporting to limit to the legal minimum any coverage for permissive
users of an insured vehicle - is insufficiently conspicuous, plain and
clear to be enforceable.
To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s104851.doc
To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s104851.pdf
CRIMINAL LAW & PROCEDURE, SENTENCING
PEOPLE v. POLLOCK, No S040471 (Cal. May 17, 2004)
Judgment of death is affirmed on automatic appeal. No prejudice
resulted from the erroneous penalty phase instruction on defendant's
possession of razor blades while in custody.
To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s040471.doc
To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s040471.pdf
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California Appellate Districts
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CRIMINAL LAW & PROCEDURE
PEOPLE v. SCHAEFER, No B166733 (Cal. 2d App. Dist. May 17, 2004)
Nothing in Apprendi changes the longstanding rule that it is a question
of law whether a crime is an inherently dangerous felony for purposes of
the felony-murder rule.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b166733.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b166733.pdf
GOVERNMENT CONTRACTS
VALLEY VISTA SERVS., INC. v. CITY OF MONTEREY PARK, No B168056 (Cal. 2d
App. Dist. May 17, 2004)
A city ordinance preventing an exclusive-franchise waste disposal
company that has received a five-year termination notice from soliciting
new business during that five-year period does not conflict with the
California Integrated Waste Management Act.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/b168056.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168056.pdf
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