Friday, March 25, 2011

Daily Opinion Summaries for California Appellate Districts - 03/24/2011

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Daily Opinion Summaries
California Appellate Districts

March 24, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Attorney's Fees, Civil Procedure, Judges & Judiciary, Remedies
Krikorian Premiere v. Westminster

Remedies, Civil Procedure, Government Law
Maddox v. City of Costa Mesa

Criminal Law & Procedure, Sentencing, Evidence
People v. Gann

Attorney's Fees, Civil Procedure, Health Law, Remedies
Turner v. Ass'n Am. Medical Coll.

Civil Procedure, Criminal Law & Procedure
People v. Superior Court

Property Law & Real Estate, Civil Procedure, Government Law
Trinity Park v. City of Sunnyvale

Criminal Law & Procedure, Sentencing
People v. Meneses

Civil Procedure, Probate, Trusts & Estates
Country Side Villas v. Ivie

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LATEST SUMMARIES

Attorney's Fees, Civil Procedure, Judges & Judiciary, Remedies
Krikorian Premiere v. Westminster, No. E047523
In a dispute involving the appealability of an order taxing costs, trial court order is held to be appealable. Read more...

Remedies, Civil Procedure, Government Law
Maddox v. City of Costa Mesa, No. G043297
In a dispute involving whether under Government Code section 68097.2 counsel can be responsible for reimbursing the cost of paying a subpoenaed peace officer, judgment by trial court is affirmed because counsel for a litigant can be responsible for such reimbursement costs. Read more...





Criminal Law & Procedure, Sentencing, Evidence
People v. Gann, No. D055431
Conviction and sentencing of defendants is affirmed as modified where trial court committed no reversible error in admission of evidence but erred in imposing a parole restitution fine for a sentence of life in prison without the possibility of parole. Read more...

Attorney's Fees, Civil Procedure, Health Law, Remedies
Turner v. Ass'n Am. Medical Coll., No. A126742
In a dispute involving the scope of the bilateral, prevailing party statutory fee-shifting provision in section 55 of the Disabled Persons Act (DPA), determination of the trial court is affirmed because a prevailing defendant is not entitled to attorney fee award under the statute. Read more...

Civil Procedure, Criminal Law & Procedure
People v. Superior Court, No. B229701
In petition for a writ of mandate, order of trial court granting defendant a separate penalty jury in a capital murder case is granted where court abused its discretion. Read more...

Property Law & Real Estate, Civil Procedure, Government Law
Trinity Park v. City of Sunnyvale, No. H035573
In a dispute arising out of the imposition of an affordable housing condition on a development permit issued by defendant, dismissal by trial court is affirmed because condition did not constitute a development fee, dedication, reservation or other exaction where the condition was not intended to defray the cost of public facilities related to the development. Read more...

Criminal Law & Procedure, Sentencing
People v. Meneses, No. G043037
Conviction and sentencing of defendant for a lewd act with a minor, PC section 288(a), and inflicting great bodily injury is upheld where the trial evidence was sufficient to support the great bodily injury allegation and a 15 years to life sentence was not cruel and unusual. Read more...

Civil Procedure, Probate, Trusts & Estates
Country Side Villas v. Ivie, No. H034702
In a dispute involving liability for home repairs and improvements, trial court judgment in favor of defendant on anti-SLAPP motion is affirmed where court properly held that motion was timely and causes of action arose from protected activity. Read more...

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