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   State Courts - California - January 22 - January 23, 2001

  
City of San Diego v. Dunkl, No. D035559, No. D035585., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 22, 2001, Decided
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Overview: Summary judgments in action for declaratory relief were affirmed where pre-election review of proposed initiative was appropriately carried out and trial court reached correct legal conclusions that initiative made only administrative decisions.

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GINELLA v. CITY & COUNTY OF SAN FRANCISCO, A094729, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 22, 2001, Filed
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Gulf Insurance Co. v. TIG Insurance Co., No. B135799., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 22, 2001, Decided
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Overview: After exegesis of subrogation and contribution, the court determined that plaintiff's claim of breach of implied covenant would have been based in subrogation, except that the principal had no such claim to which plaintiff could be subrogated.

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McCormick v. Travelers Ins. Co., No. A088300., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 22, 2001, Decided
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Overview: Plaintiffs' suit against private insurer in state court was properly dismissed, as federal statute granted original exclusive jurisdiction to federal courts to hear claims arising out of flood insurance policies issued under federal program.

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People v. Cromer, No. S076444., SUPREME COURT OF CALIFORNIA, January 22, 2001, Decided
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Overview: Standard of review in determining whether the State exercised reasonable diligence in securing victim's presence at trial was de novo, review rather than abuse of discretion. Where State's efforts failed to measure up, conviction properly reversed.

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People v. Palmer, No. B140436., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 22, 2001, Decided
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Overview: Appellant's conviction for continuous sexual abuse was not an enumerated offense under the One Strike law; therefore the trial court erred in applying the statute in sentencing appellant.

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Rademan v. Superior Court, B143617, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 22, 2001, Filed
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Overview: Trial court was required to conduct in camera inspection of psychotherapist's patients' records to determine if crime/tort exception to psychotherapist-patient privilege applied to any information in those records.

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Nippon Credit Bank v. 1333 N. Cal. Blvd., Nos. A084401, A086021., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 23, 2001, Decided
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Overview: Partnership committed bad faith waste by failing to pay taxes on property which bank had secured interest. Failure substantially impaired that interest, was not caused by an economic downturn, and thus warranted punitive damages.

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