California, February, 2002, State Case law

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State Courts - California - February 28, 2002

Aerojet-General Corp. v. Am. Excess Ins. Co., No. C030874., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 28, 2002, Decided
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Overview: A declaratory judgment establishing an insurer had no obligation to indemnify a company sued for discharging pollutants had preclusive effect in a subsequent action brought by the company.

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Barnes v. Superior Court, No. B152112., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 28, 2002, Decided
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Overview: A writ of mandate was granted because disqualification of a judge in a criminal matter did not preclude him from, or make him unavailable to hear, a subsequent motion to suppress evidence.

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Bechtel Petroleum Operations v. Continental Insurance Co., B140133, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 28, 2002, Filed
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Overview: A petroleum company's insurers had no duty to defend suits brought by company employees for injuries caused by exposure to toxic substances at a work site.

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Bonnell v. Medical Bd. of California, C038019, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 28, 2002, Filed
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Overview: The medical board did not exceed its authority by granting a 28-day stay to review the petition for reconsideration, and as the authority to grant the stay did not involve a final disciplinary action, authority could be delegated.

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Cal. Wholesale Material Supply v. Norm Wilson & Sons, No. B144476., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 28, 2002, Decided
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Overview: Trial court erred in denying the contractor's motion for attorney fees because the supplier's action against the contractor arose out of the subcontract, which had been assigned to the supplier pursuant to the security agreement.

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Griffiths v. Superior Court, No. B143674., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 28, 2002, Decided
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Overview: A physician's license to practice medicine was properly revoked; the record of his convictions involving alcohol consumption provided conclusive evidence of unprofessional conduct.

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Hess v. Ford Motor Co., No. S092697., SUPREME COURT OF CALIFORNIA, February 28, 2002, Decided
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Overview: Where injured passenger entered into agreement with other driver and insurer, and passenger obtained judgment more favorable than his offer of compromise, language of release did not bar claims against tortfeasor who was not a party to release.

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In re Brittany K., No. A094158., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 28, 2002, Decided
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Overview: Where birth-mother and maternal grandmother challenged permanent placement orders of minors, termination of parental rights, and denial of placement with grandmother, there were no grounds for the reversal of the juvenile court's orders.

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Manduley v. Superior Court, No. S095992., SUPREME COURT OF CALIFORNIA, February 28, 2002, Decided
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Overview: The prosecutor's exercise of discretion whether to file an accusatory pleading in criminal court was within the scope of the executive power and did not violate the separation of powers doctrine.

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People v. Gallegos, No. B147414., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 28, 2002, Decided
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Overview: Trial court's order suppressing, inter alia, marijuana, assault weapons, scale, firearms, motor cycle gang jacket, brass knuckles, and bulletproof vest discovered in search was reversed, as they were in plain view and identifiable as contraband.

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