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   State Courts - California - January 2 - January 3, 2007

  
Barnett v. Superior Court, C051311, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 2, 2007, Filed
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Concerned McCloud Citizens v. McCloud Community Services Dist., C050811, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 2, 2007, Filed
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Overview: An agreement between a community services district and a water bottling company for the purchase and sale of spring water did not constitute "approval" of a project within the meaning of CEQA, where the agreement did not give the company any vested rights and did not legally commit the district to a definite course of action.

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Kennedy v. Superior Court, C052243, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 2, 2007, Filed
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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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Calvert v. County of Yuba, C047857, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2007, Filed
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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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Oroville Hospital v. Dept. of Health Services, C049827, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2007, Filed
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Parsons v. Superior Court, No. CV064670, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, MARIN COUNTY, January 3, 2007, Filed
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Overview: Where challenge to notice in unlawful detainer action extended beyond the face of complaint to the issue whether 30-day notice or 60-day notice was required under California's Floating Home Residency Law, trial court was to resolve issue by resorting to competent evidence, and motion to quash service of summons was proper procedure for doing this.

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People v. James Dylan Popular, F049564, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 3, 2007, Filed
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