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INTRODUCTORY STATEMENT RE: OPPONENT'S APPELLATE RECORD |
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Based on the prior decisions that the Court of Appeal
ordered published,
an appeal arising from Judge Enright's department has a 50% chance of
reversal.
As to the prior decisions that the Court of Appeal did not order published but resolved by written opinion, 35% of Judge Enright's decisions were reversed. |
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Overall, of the 26
cases examined by solely the holding stated by the
summary, Judge Enright was reversed in 10 instances indicating a 40%
rate
of reversal. Decisions reviewed, with Court of Appeal summary. Published Decisions - 4 Affirmed, 4 reversed. The follow are the cases located through a search on the Lexis-Nexis legal research system. |
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8 Published Decisions. (50 % likelihood of reversal.) |
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| Affirmed:
Pardee Construction Co. v. Superior Court, 100 Cal. App. 4th 1081 (Cal. App. , 2002); The petition is denied. This court's stay issued March 6, 2002, is vacated upon this decision becoming final. Real parties in interest to recover costs. Tarpy v. County of San Diego, 110 Cal. App. 4th 267 (Cal. App. , 2003); Affirmed. ( But see Enright overturned in Neutering Case Immunity for Neutering Legislated by Mistake, C.A. Rules ) Del Taco, Inc. v. University Real Estate Partnership V, 111 Cal. App. 4th 16 (Cal. App. , 2003); Affirmed. Barbee v. Household Automotive Finance Corp., 113 Cal. App. 4th 525 (Cal. App. , 2003); Affirmed. |
Reversals:
Windham at Carmel Mountain Ranch Assn. v. Superior Court, 109 Cal. App. 4th 1162 (Cal. App. , 2003); Peremptory writ of mandate ordered issued. People v. Johnson, 96 Cal. App. 4th 188 (Cal. App. , 2002); Affirmed in part, reversed in part and remanded with directions. Wilkerson v. Sullivan, 99 Cal. App. 4th 443 (Cal. App. , 2002); The order denying Sullivan's motion for attorney fees is reversed and the matter is remanded for a determination of the merits of Sullivan's attorney fee requests. Sullivan shall recover her costs and attorney fees on appeal. Gates v. Discovery Communications, Inc., 106 Cal. App. 4th 677 (Cal. App. , 2003); Superior court's order reversed. (Note: The decision was order depublished and the California Supreme Court has granted review.) |
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Unpublished Decisions. (11 Affirmed, 6 Reversed.) |
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| Affirmed.
PEOPLE v. DUTRA, 2002 Cal. App. Unpub. LEXIS 2773 (Cal. App. Unpub. , 2002); Affirmed. ALJABI v. PARDEE CONSTR. CORP., 2002 Cal. App. Unpub. LEXIS 3749 (Cal.App. Unpub. , 2002); Affirmed. PEOPLE v. THOMAS, 2002 Cal. App. Unpub. LEXIS 4369 (Cal. App. Unpub. ,2002); Affirmed. ROSE v. HEDGECOCK, 2003 Cal. App. Unpub. LEXIS 10911 (Cal. App. Unpub. ,2003); Affirmed. LABIRINTO SRL v. LJFRP, 2003 Cal. App. Unpub. LEXIS 11223 (Cal. App. Unpub. , 2003); Affirmed. FAUCETTA v. RED PLANET RANCH, INC., 2003 Cal. App. Unpub. LEXIS 9517 (Cal. App. Unpub. , 2003); Affirmed. KASSAB v. CLIENT SEC. FUND COMM'N OF THE STATE BAR OF CALIFORNIA, 2003 Cal. App. Unpub. LEXIS 7135 (Cal. App. Unpub. , 2003); Affirmed. LENNON v. STONE, 2003 Cal. App. Unpub. LEXIS 5663 (Cal. App. Unpub. 2003); Affirmed. GOODRICH v. CITY OF SAN DIEGO, 2002 Cal. App. Unpub. LEXIS 11716 (Cal. App. Unpub. , 2002); Affirmed. D v. HERRING & LOFTUS, 2002 Cal. App. Unpub. LEXIS 9925 (Cal. App. Unpub. , 2002); Affirmed. PEOPLE v. PHANBANDITH, 2002 Cal. App. Unpub. LEXIS 9836 (Cal. App. Unpub. , 2002); Affirmed. |
Reversed.
PEOPLE v. SHERMAN, 2002 Cal. App. Unpub. LEXIS 417 (Cal. App. Unpub. , 2002); Reversed. PEOPLE v. GUNN, 2002 Cal. App. Unpub. LEXIS 5137 (Cal. App. Unpub. , 2002); Affirmed in part, reversed in part and remanded with directions. ANTICANCER, INC. v. NOVARTIS PHARMS. CORP., 2003 Cal. App. Unpub. LEXIS 10005 (Cal. App. Unpub. , 2003); Reversed in part, affirmed in part with directions. MISSION VALLEY PSHP. v. SPORT CHALET, INC., 2003 Cal. App. Unpub. LEXIS 5625 (Cal. App. Unpub. , 2003); Affirmed in part as modified; reversed in part; dismissed in part. SERENA COMMUNITY ASS'N v. BREHM COMMUNITIES, INC., 2003 Cal. App. Unpub. LEXIS 5493 (Cal. App. Unpub. , 2003); Reversed. SAN DIEGO COUNTY DEPUTY SHERIFFS' ASS'N v. TOYEN, 2003 Cal. App. Unpub. LEXIS 4849 (Cal. App. Unpub. , 2003); Reversed and remanded. |
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Unpublished decisions excluded from the count |
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| Gates
v. Discovery Communications, Inc., 106 Cal. App. 4th 677 (Cal.
App. , 2003); Superior court's order reversed. (Excluded because it was
counted within the published decisions.) Conservatorship of the Person of LISTENBEE, 2003 Cal. App. Unpub. LEXIS 3523 (Cal. App. Unpub. , 2003); Appeal dismissed. |
SARASWATI v. WILDES, 2002 Cal. App. Unpub. LEXIS 4582 (Cal. App. Unpub. , 2002); Reversed with directions. ("The only activity at the court of appeal level was to obtain the court's consent to dismiss the appeal, since that is required now, even if the parties stipulate to dismiss the appeal." - Deborah A. Wolfe, attorney for the plaintiff) | ||
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