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   State Courts - California - January 2 - January 4, 2002

  
Allen v. Smith, No. D036608., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 2, 2002, Decided
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Overview: Summary judgment for the sellers was reversed because the parties intended to enter into a real estate purchase agreement, and intended that the sellers would be entitled to three percent of the purchase price as liquidated damages.

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Ferguson v. Friendfinders, No. A092653., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 2, 2002, Decided
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Overview: Regulation of unsolicited commercial email (UCE) sent by in-state advertisers did not violate Commerce Clause, as it did not affect interstate commerce, and State had legitimate interest in protecting citizens from economic damage caused by UCE.

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City of Sacramento v. Workers' Comp. Appeals Bd., No. C037880., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2002, Decided
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Overview: Fire recruits were not entitled by statute to a leave of absence at full salary in lieu of temporary disability payments if injured in the course of fire academy training because they were not exposed to the same risks as firefighters.

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Lueter v. Cal., No. C032952., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2002, Decided
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Overview: California did not recognize a cause of action for the negligent spoliation of evidence.

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Souvannarath v. Hadden, Nos. F035228, F036026., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 3, 2002, Decided
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Overview: Trial court properly directed issuance of a writ of mandate ordering a county to desist from detaining the writ petitioner, who did not comply with a plan to treat her multi-drug resistant tuberculosis, in the county jail.

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Citizens for Jobs & the Econ. v. County of Orange, No. D037543., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 4, 2002, Decided
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Overview: A County of Orange, California, voter initiative measure known as Measure F was stricken as a constitutionally invalid restriction upon the planning process.

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Shelton v. Rancho Mortgage & Inv. Corp, No. G027157., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 4, 2002, Decided
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Overview: A postjudgment order denying request for sanctions for filing a frivolous appeal was itself an appealable postjudgment order.

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