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   State Courts - California - January 13 - January 14, 2000

  
Arya Group v. Cher, No. B128557., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 13, 2000, Decided
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Overview: Plaintiff's noncompliance with statute requiring it to secure signed, written contract for construction of single-family residence did not absolutely foreclose it from seeking to enforce oral agreement made with defendant.

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Canal St. v. Sorich, No. A082950., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 13, 2000, Decided
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Overview: Dismissal of a case for failure to bring it to trial was reversed where there had been a settlement agreement in open court that effectively disposed of the matter, even though details of execution remained.

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In re Tameka C., No. S068192., SUPREME COURT OF CALIFORNIA, January 13, 2000, Decided
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Overview: Conviction and sentence was upheld because the sentence for each separate assault should have been enhanced by a separate firearm-use enhancement even when the firearm was used on a single occasion and involved a single act.

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McGILL v. M. J. BROCK & SONS, E020452, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 13, 2000, Filed
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People ex rel. Lockyer v. Sun Pac. Farming Co., No. F029664., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 13, 2000, Decided
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Overview: Judgment and injunction issued by pest control district and state administrative agency mandating removal of citrus tristeza virus (CTV) infected trees upheld where statute delegating legislative and quasi-judicial authority was constitutional.

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Wells Fargo Bank v. Superior Court, No. S057324., SUPREME COURT OF CALIFORNIA, January 13, 2000, Decided
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Overview: In this action for an accounting, a trustee could provide a report of information to beneficiaries without having to disclose privileged communications.

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Carlton v. Quint, No. B119887., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 14, 2000, Decided
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Overview: The alleged defective service and inadequate notice claims were waived when appellant filed an opposition, appeared at the hearing, and argued the merits; appellant's own conduct created delays causing dismissal of the prior case.

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McDonald v. Dep't of Motor Vehicles, No. D032919., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 14, 2000, Decided
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Overview: The Colorado driving while ability impaired statute was "substantially similar" to the California driving under influence statute and could be used as a license suspension enhancement by California under California's Vehicle Code.

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People v. Shroff, D032479, D032495, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 14, 2000, Filed
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Overview: The motions for relief that were filed after the date of the amendment that precluded expungement of appellees' convictions were denied because the amendment was not retroactive or an ex post facto law.

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