Thursday, March 03, 2005

Today's other 2 opinions

Civil Procedure: Appeal of trial court's denial of anti-SLAPP motions
The Court held today that an appeal from the denial of a special motion to strike, under CA's anti-SLAPP statute (Code Civ. Proc. section 425.16), results in an automatic stay on all further trial court proceedings on the merits. The case is Varian Medical Systems, Inc. v. Delfino, 2005 WL 486787 (Cal.).

Chief Justice George filed a concurring/dissenting opinion. Although he agreed that the trial court erred in refusing to stay the case pending appeal, he would have found the error to be harmless.

Criminal Law: Automatic appeal from a judgment of death
The Court upheld the death sentence of a man convicted of a 1987 double homicide in Oakland. The case is People v. Harrison, 2005 WL 486781 (Cal.).


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