Legal Opinion

Botello v. Shell Oil Co.

California Court of Appeal

Decided May 1, 1991No. B048734PublishedCited by 23 opinions

1Opinion of the Court

Opinion

EPSTEIN, J.

In this case we are asked to decide a single issue of statutory interpretation: whether a mural is a “painting” within the meaning of The California Art Preservation Act (Act). (Civ. Code, § 987.) We hold that it is.

Procedural Background

This case reaches us after the trial court granted defendants’ motion for full summary judgment based on its conclusion that a mural is not a painting under the Act. Although defendants have raised other legal questions and some factual issues in defense of the lawsuit, both sides agree that the question of whether a mural can qualify as a…

2Cases cited20 opinions

  1. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  2. People v. SmithCalifornia Supreme Court · 1983
  3. People v. PietersCalifornia Supreme Court · 1991
  4. Agins v. City of TiburonCalifornia Supreme Court · 1979
  5. Fort v. Civil Service CommissionCalifornia Supreme Court · 1964

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3Cited by23 opinions

  1. Cummins, Inc. v. Superior CourtCalifornia Supreme Court · 2005
  2. Lewis v. Superior CourtCalifornia Court of Appeal · 1994
  3. Campbell v. Arco Marine, Inc.California Court of Appeal · 1996
  4. Lubner v. City of Los AngelesCalifornia Court of Appeal · 1996
  5. Citizens for Responsible Government v. City of AlbanyCalifornia Court of Appeal · 1997

18 more not listed; retrieve them via the Exa API.

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