Arizona, February, 2007, State Case law

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State Courts - Arizona - February 8 - February 15, 2007

Allen v. Chon-Lopez, 2 CA-SA 2006-0101, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 8, 2007, Filed
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Overview: A judge's order denying a maternal aunt's motion to intervene in her nephew's dependency proceeding was vacated where the child had been in her custody for most of his life, thereby meeting the requirement of Ariz. R. Civ. P. 24(b)(2), and the judge based the denial on the eventual outcome rather than on the intervention's effect on the proceeding.

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City of Bisbee v. Ariz. Water Co., 2 CA-CV 2006-0106, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 8, 2007, Filed
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Overview: A superior court properly granted a city partial summary judgment on its action alleging that a public service corporation was operating without a franchise where, inter alia, the Arizona Corporation Commission did not have exclusive jurisdiction and a predecessor's reservation of property rights in public streets was void as against public policy.

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Hall v. Smith, 2 CA-CV 2006-0137, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 8, 2007, Filed
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Overview: A grant of summary judgment in favor of the employee on the executive director's defamation counterclaim was proper because the judicial privilege applied to the letter written by the employee to the CEO of her employer's parent company since the parent company's relationship to the litigation was close and direct.

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Osuna v. Wal-Mart Stores, Inc., 2 CA-CV 2006-0039, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 8, 2007, Filed
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Overview: In labor dispute, employee brought class action suit against store. Employee voluntarily dismissed complaint after trial court denied employee's motion to amend complaint. Appellate court lacked jurisdiction over appeal because matter was dismissed without prejudice, pursuant to Ariz. R. Civ. P. 41.

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Garcia v. Browning, Arizona Supreme Court No. CV-06-0320-PR, SUPREME COURT OF ARIZONA, February 9, 2007, Filed
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Overview: Because legislature did not expressly declare, as required under Ariz. Rev. Stat. ? 1-244, that amendments to Ariz. Rev. Stat. ?? 13-103 and 13-205 affecting justification defenses were retrospective, the amendments only applied to offenses occurring on or after the effective date and did not apply to defendant's pending murder trial and defenses.

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In re MH 2006-000749, No. 1 CA-MH 06-0015, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 13, 2007, Filed
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Overview: Hearing under Ariz. Rev. Stat. ? 36-539(B) should not have gone forth in patient's absence, given the absence of any evidence that the patient knowingly chose not to appear at her involuntary treatment hearing, and the wealth of evidence that her mental disorder significantly impaired her ability to know and assess reality.

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Picaso v. Tucson Unified Sch. Dist., 2 CA-CV 2005-0174, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 13, 2007, Filed
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Overview: In wrongful death suit arising out of death of child allegedly hit by a school district's bus, trial court erred in applying Ariz. Rev. Stat. ? 13-807 because that statute only applied if a criminal defendant later became a civil defendant. Trial court erred in ruling mother's guilty plea to misdemeanor child abuse was admissible.

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Acosta v. Phoenix Indem. Ins. Co., 2 CA-CV 2006-0116, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 14, 2007, Filed
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Overview: Summary judgment for insurer on third-party bad faith claim was reversed, as trier of fact could have found prudent insurer evaluating evidence as though it alone would be responsible for paying judgment would have accepted settlement offer, and insurer did not give equal consideration to insured's interests as well as its own in refusing offer.

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Copper Hills Enters., Ltd. v. Ariz. Dep't of Revenue, 1 CA-TX 05-0007, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, February 15, 2007, Filed
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Overview: Because the method a city used to determine a parcel's length/width ratio did not conform with the method required by Ariz. Rev. Stat. ? 9-471(H)(3), its annexation was null and void and the city was obligated to refund municipal transaction privilege taxes that it had collected before the annexation was successfully challenged.

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State v. Cuevas, 2 CA-CR 2006-0157, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 15, 2007, Filed
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Overview: Trial court erred in determining that Ariz. Rev. Stat. ? 28-751(2) did not specify where a driver must begin a left turn because its interpretation rendered a portion of the statute superfluous; because the trial court mistakenly interpreted the statute, it abused its discretion in granting the motion to suppress evidence on the basis it did.

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