California, February, 2002, State Case law

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State Courts - California - February 26, 2002

Dubin v. Robert Newhall Chesebrough Trust, No. B146020., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 26, 2002, Decided
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Overview: Where lessee sued property owners for wrongful interference with easement, court erred in sustaining owners' demurrer, as lessee adequately pleaded facts supporting theory that he was entitled to claim easement appurtenant by implication.

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Gotschall v. Daley, No. C036185., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 26, 2002, Decided
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Overview: The trial court had no power to grant relief under the mandatory relief from default statute because it applied only to those situations in which an attorney mistake caused a total failure to oppose a dismissal motion or a failure to appear.

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Hih Marine Ins. Servs. v. Gateway Freight Servs., No. A092356., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, February 26, 2002, Decided
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Overview: Where four packages sent to a cargo company were stolen, the cargo company's liability was limited to the terms of the air waybill.

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Hughes Aircraft Co. v. County of Orange, No. E029745., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 26, 2002, Decided
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Overview: Overhead property used to perform a government contract was not subject to an ad valorem tax levied by the County of Orange, California.

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In re Marriage of Allen, No. B143248., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, February 26, 2002, Decided
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Overview: Where wife's consent to use of community funds to improve her husband's separate real property did not raise presumption that the funds were a gift to the husband, the community was entitled to reimbursement of the funds.

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Topsail Court Homeowners Assn. v. County of Santa Cruz, H022122, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 26, 2002, Filed
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