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   State Courts - California - January 2 - January 4, 2001

  
6 Angels v. Stuart-Wright Mortgage, No. B128163., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 2, 2001, Decided
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Overview: Mortgage company's negligent clerical error, made when instructing auction service concerning the opening bid on property, fell outside the procedural requirements for foreclosure sales and was not grounds to void the sale.

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Distefano v. Forester, No. D035333., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 2, 2001, Decided
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Overview: The trial court did not err in granting summary judgment in favor of defendant on plaintiff's negligence claim involving an off-roading motorcycle accident because plaintiff assumed the risk of participating in off-roading.

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PEOPLE v. PAREDES, G024210, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 2, 2001, Filed
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Echevarrieta v. City of Rancho Palos Verdes, No. B138366, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 3, 2001, Decided
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Overview: City ordinance that required appellant to trim the trees that obstructed his neighbor's view was a valid exercise of the state's police powers and did not violate the respective takings clauses of the United States or California Constitutions.

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Golden Eagle Refinery Co. v. Associated Internat. Ins. Co., No. B132448., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 3, 2001, Decided
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Overview: In an indemnity action against its third-party liability insurance carriers, a company could not distinguish between covered and non-covered acts that contaminated its refinery property; therefore, it did not establish a prima facie case.

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PEOPLE v. BARCHEERS, D036109, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 3, 2001, Filed
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People v. Mower, F030690, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 3, 2001, Filed
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People v. Mazurette, No. S081661., SUPREME COURT OF CALIFORNIA, January 4, 2001, Decided
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Overview: Conclusion that defendant could not appeal following a deferred entry of judgment was affirmed. Order granting deferred entry of judgment was not a final appealable order and appeal was properly dismissed.

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Vacanti v. State Comp. Insurance Fund, No. S071945., SUPREME COURT OF CALIFORNIA, January 4, 2001, Decided
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Overview: Only plaintiffs' abuse of process and fraud claims, as well as their unfair competition claims not pertaining to insurance companies' racketeering violations were barred by workers' compensation exclusivity.

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