Tuesday, May 31, 2011

Daily Opinion Summaries for California Case Law Summaries - 05/27/2011

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Daily Opinion Summaries
California Case Law Summaries

May 27, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Product Liability, Civil Procedure, Injury & Tort Law
Dye v. Caterpillar, Inc.

Criminal Law & Procedure, Transportation, Sentencing, Water Law, Criminal Law & Procedure, Admiralty, Constitutional Law, Constitutional Law
People v. Guzman

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

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LATEST SUMMARIES

California Appellate Districts

Product Liability, Civil Procedure, Injury & Tort Law
Dye v. Caterpillar, Inc., No. A127191
In a products liability action alleging that exposure to silica contained in defendants' defective products are the cause of plaintiff's pulmonary diseases, judgment of the trial court dismissing fifth, amended complaint as untimely, Code of Civil Procedure section 472b, is reversed because the 30-day time limit contained in section 472b is not applicable where amended complaint was filed 108 days after notice of the issuance of appellate remittitur. Read more...

Criminal Law & Procedure, Transportation, Sentencing, Water Law, Criminal Law & Procedure, Admiralty, Constitutional Law, Constitutional Law
People v. Guzman, No. F057633
Conviction and sentencing of defendant for violating Harbors and Navigation Code sections 655(a), 655.2, and 656.2, are affirmed where jury instruction on the section 656.2 offense was not a breach of defendant's constitutional right against self-incrimination because the gravamen of a section 656.2 offense, like Vehicle Code section 20003, arises when an operator fails to stop and render assistance or fails to identify himself as such to the victim and peace officers. Read more...





Evidence, Criminal Law & Procedure, Sentencing
People v. Carmona, No. G043846
Convictions and sentencing of defendants for possession of a controlled substance are vacated where trial court erred in denying their motions to suppress. Read more...

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