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State Courts -
California - January 5 - January 8, 2010
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Fink v. Shemtov, G041557,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 5, 2010, Filed
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Overview: In an action by a creditor's assignee, the trial court properly declared plaintiff a vexatious litigant and issued a prefiling order because plaintiff had commenced, prosecuted, or maintained in propria persona at least five litigations that were finally determined adversely as to him within the meaning of Code Civ. Proc., ? 391, subd. (b)(1).
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Tien Le v. Lieu Pham, G041473,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 6, 2010, Filed
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Overview: Corporate bylaws obligated plaintiffs, the selling shareholders of a pharmacy corporation, to give defendant written notice of any intent to sell or transfer their shares. Bylaws also gave defendant a right of first refusal. Therefore, plaintiffs had a fiduciary duty to defendant not to violate the bylaws in regard to the right of first refusal.
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People v. Hollie, A121545,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 8, 2010, Filed
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Overview: No ex post facto violation occurred from applying the 10-year statute of limitations in Pen. Code, ? 801.1, subd. (b), to a 2006 indictment for a rape that occurred in 1996 because the six-year period of limitations applicable when the offenses occurred had not expired when the 10-year statute of limitations became effective.
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