Friday, March 18, 2011

Daily Opinion Summaries for California Case Law Summaries - 03/17/2011

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Daily Opinion Summaries
California Case Law Summaries

March 17, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Criminal Law & Procedure, Sentencing, Juvenile Law
In re A.G.

Civil Procedure, Contracts, Insurance Law, Labor & Employment Law
Shanahan v. State Farm General Ins. Co.

Criminal Law & Procedure, Sentencing
People v. Nychay

Criminal Law & Procedure, Sentencing
People v. Moore

Civil Procedure, Injury & Tort Law, Workers' Compensation
Brown v. Desert Christian Center

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LATEST SUMMARIES

California Appellate Districts

Criminal Law & Procedure, Sentencing, Juvenile Law
In re A.G., No. A127979
Conviction and sentencing of juvenile defendant is affirmed in part and vacated in part where the evidence was sufficient to support jurisdictional findings by juvenile court, but court erred in concluding it lacked the discretion to set a maximum term of confinement any lower than the minimum sentence that might be imposed on an adult for the same offense. Read more...

Civil Procedure, Contracts, Insurance Law, Labor & Employment Law
Shanahan v. State Farm General Ins. Co., No. G042988
In a case for breach of contract and breach of the convenant of good faith and fair dealing arising out of the refusal by defendant to defend the plaintiff in a sexual harassment lawsuit, summary judgment in favor of the defendant is affirmed where there was no triable issue of fact regarding the causes of action of the underlying litigation such that defendant was required to defend plaintiff under the terms of an existing insurance policy. Read more...





Criminal Law & Procedure, Sentencing
People v. Nychay, No. D057107
Conviction and sentencing of defendant is upheld where trial court properly exercised its discretion pursuant to Penal Code section 1202.4(b) and (d) in setting restitution and presentence credits because defendant was not entitled to additional credits. Read more...

Criminal Law & Procedure, Sentencing
People v. Moore, No. E048982
Trial court extension of the commitment of defendant, pursuant to Penal Code section 1026.5(b)(1), is affirmed where comments about the reasonable doubt standard by trial court and its failure to instruct the jury that defendant had a right not to testify without a negative inference were not erroneous. Read more...

Civil Procedure, Injury & Tort Law, Workers' Compensation
Brown v. Desert Christian Center, No. F060139
In a tort and injury action arising out of injuries suffered by plaintiff while doing work at a worksite owned by defendant, denial of award of cost to defendant on the grounds that the court lacked subject matter jurisdiction over action, Labor Code section 3706, is reversed where nothing in the wording of CCP section 1032 limits entitlement to award based on the means by which a party prevails. Read more...

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