Fear Not Law Unpublished Published

CA Pub. Decisions

California Supreme Court and Court of Appeal published (citable) opinions.
2,656 opinions · page 68 of 100 · 20 per page
  1. THE PEOPLE v. THE PACIFIC LUMBER COMPANY Part II
    Feb 13, 2008
    Absolute litigation privilege of Civil Code Sec. 47(b) applies in action brought by public entity under Unfair Competition Law. Noerr Pennington doctrine, under which "[t]hose who petition the government are generally immune from antitrust liability," bars unfair competit…
  2. S&S CUMMINS CORPORATION v. WEST BAY BUILDERS Part I
    Feb 13, 2008
    Statutory prompt payment charges imposed under subdivision (f) of Public Contract Code Sec. 7107 cease to accrue upon entry of judgment and are not compounded on a monthly basis.
  3. S&S CUMMINS CORPORATION v. WEST BAY BUILDERS Part II
    Feb 13, 2008
    Statutory prompt payment charges imposed under subdivision (f) of Public Contract Code Sec. 7107 cease to accrue upon entry of judgment and are not compounded on a monthly basis.
  4. WINSTON LAMBERT v. CHRIS CARNEGHI
    Feb 13, 2008
    Fire appraisal proceeding pursuant to Insurance Code Sec. 2071 is an arbitration, so appraiser is immune from action alleging insufficient efforts to advance the position of the party designating the defendant as appraiser. Litigation privilege is not a defense in action brought …
  5. WINSTON LAMBERT v. CHRIS CARNEGHI Part II
    Feb 13, 2008
    Fire appraisal proceeding pursuant to Insurance Code Sec. 2071 is an arbitration, so appraiser is immune from action alleging insufficient efforts to advance the position of the party designating the defendant as appraiser. Litigation privilege is not a defense in action brought …
  6. IOLA FRASTACI v. VAPOR CORPORATION
    Feb 13, 2008
    Federal Locomotive Boiler Inspection Act preempts railroad employees' state law actions against manufacturers of locomotives containing asbestos materials, regardless of whether asbestos exposure occurring during repairs or when the trains were in use.
  7. MURPHY v. CHECK N GO OF CALIFORNIA
    Feb 13, 2008
    A modification decision.
  8. SECURITY NATIONAL GUARANTY, INC v. CALIFORNIA COASTAL COMMISSION PART I
    Feb 13, 2008
    California Coastal Act of 1976 does not empower the California Coastal Commission to declare that property is an "environmentally sensitive habitat area" during an administrative appeal from a local government's grant of a coastal development permit.
  9. SECURITY NATIONAL GUARANTY, INC v. CALIFORNIA COASTAL COMMISSION PART II
    Feb 13, 2008
    California Coastal Act of 1976 does not empower the California Coastal Commission to declare that property is an "environmentally sensitive habitat area" during an administrative appeal from a local government's grant of a coastal development permit.
  10. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART I
    Feb 13, 2008
    Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
  11. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART II
    Feb 13, 2008
    Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
  12. NORTHWEST ENERGETIC SERVICES v. CALIFORNIA FRANCHISE TAX BOARD PART III
    Feb 13, 2008
    Former Revenue and Taxation Code Sec. 17942, which imposed a levy on limited liability companies registered to do business in California, measured by the limited liability company's total income regardless of whether the income derived from or was attributable to business wit…
  13. FISCAL v. CITY AND COUNTY OF SAN FRANCISCO Part I
    Feb 13, 2008
    State law including Penal Code Sec. 12026, which prohibits localities from restricting handgun possession in an individual's home, business, or private property; Government Code Sec. 53071, which indicates express intent by legislature to occupy whole field of firearms regist…
  14. FISCAL v. CITY AND COUNTY OF SAN FRANCISCO Part II
    Feb 13, 2008
    State law including Penal Code Sec. 12026, which prohibits localities from restricting handgun possession in an individual's home, business, or private property; Government Code Sec. 53071, which indicates express intent by legislature to occupy whole field of firearms regist…
  15. THE PEOPLE v. SUDAR
    Feb 13, 2008
    Statutory deadline for filing petition to extend commitment of defendant found not guilty by reason of insanity is not jurisdictional, and filing of petition 16 days past deadline did not deprive defendant of due process where trial was held prior to date defendant would otherwis…
  16. COASTSIDE FISHING CLUB v. CALIFORNIA RESOURCES AGENCY PART I
    Feb 13, 2008
    Agreement between state and nonprofit private entity, by which that entity agreed to fund project that legislature authorized but failed to sufficiently fund, did not violate constitutional separation of powers where the agreement was within the scope of statutory contracting aut…
  17. COASTSIDE FISHING CLUB v. CALIFORNIA RESOURCES AGENCY PART II
    Feb 13, 2008
    Agreement between state and nonprofit private entity, by which that entity agreed to fund project that legislature authorized but failed to sufficiently fund, did not violate constitutional separation of powers where the agreement was within the scope of statutory contracting aut…
  18. In re the Marriage of AUBIN BARTHOLD
    Feb 13, 2008
    Trial court's inherent authority to correct its own errors applies in circumstances where court was prompted to reconsider its prior ruling by a motion to reconsider that was filed in violation of Code of Civil Procedure Sec. 1008, which sets strict standards for such motions…
  19. WELLS FARGO BANK v. THE SUPERIORCOURTOFSAN FRANCISCO COUNTY
    Feb 13, 2008
    Securities Litigation Uniform Standards Act of 1998 precludes state law action by beneficiaries of trust administered by bank from suing bank for alleged misrepresentations and omission of material facts with respect to investment practices; such action was "in connection wit…
  20. THE PEOPLE v. WILLIAMS
    Feb 13, 2008
    Evidence Code Sec. 1109(a)(2), which authorizes the admission of evidence of prior acts of abuse of an elderly or dependent adult to prove a propensity to abuse such persons, subject to the court's discretion to exclude evidence that is unduly prejudicial or time consuming, o…
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