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State Courts -
California - January 2 - January 3, 2007
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North Kern Water Storage Dist. v. Kern Delta Water Dist., F047706,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 2, 2007, Filed
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Overview: In determining the extent of a forfeiture under Cal. Const., art. X, ? 2, and Wat. Code, ? 1241, the trial court correctly adopted a monthly measure as a method of minimizing the forfeiture because the parties to the water rights dispute maintained monthly but not daily records regarding their historical beneficial use of water for irrigation.
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Cruz v. Fagor America, Inc., D048064,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 3, 2007, Filed
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Overview: Plaintiff met requirements of Code Civ. Proc., ?? 415.40, 416.10, for service of process on out-of-state corporate defendant and presented sufficient proof of service under Code Civ. Proc., ? 417.20, subd. (a), because the person who signed return receipt for summons and complaint was an employee who regularly received mail on defendant's behalf.
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