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   State Courts - California - March 5 - March 7, 2002

  
In re Melissa W., B151211, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 5, 2002, Filed
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Shapiro v. San Diego City Council, No. D037323., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 5, 2002, Decided
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Overview: The City Counsel of San Diego, California was required, under the Ralph M. Brown Act, to post an agenda describing each item of business discussed in closed sessions involving a large redevelopment project to create a baseball ballpark.

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Swanson v. St. John's Reg'l Medical Ctr., No. B148128., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 5, 2002, Decided
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Overview: The court could not use unfair competition law to condemn hospital liens; the Hospital Lien Act created a statutory lien and did not require that the patient owe the hospital a debt.

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Schroeder v. Irvine City Council, No. D038976., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 6, 2002, Decided
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Overview: California's anti-SLAPP statute was upheld against constitutional challenges; the measure sought to achieve a substantial governmental interest that was unrelated to the suppression of the exercise of First Amendment rights.

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West v. Bechtel Corp., No. A089492., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 6, 2002, Decided
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Overview: An American engineer employed in Saudi Arabia failed to allege a successful employment discrimination suit; while substantial evidence showed the Royal Commission was biased against him due to age, that bias could not be imputed to his employer.

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Hamilton v. Md. Casualty Co., No. S087346., SUPREME COURT OF CALIFORNIA, March 7, 2002, Decided
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Overview: In a breach of contract action, a defending insurer could not be bound to a court-approved settlement to which it had not agreed, and in which it had not participated.

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Heenan v. Sobati, No. G028961., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 7, 2002, Decided
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Overview: Superior court judge, who purported to sit as a contract arbitrator in a dispute between homeowners and a building contractor, did not conduct an arbitration, rather he conducted a bench trial in which the parties waived their right of appeal.

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Maples v. Kern County Assessment Appeals Bd., No. F035361., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 7, 2002, Decided
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Overview: It was reasonable to incorporate the effective interest rate of a federally subsidized loan made to the operator of a low income housing project in the assessment of that property, rather than the prevailing commercial interest rate.

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People v. Moody, No. C037797., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 7, 2002, Decided
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Overview: Sentencing judgment was modified to reflect an enhancement term on a count of 3 years and 4 months, with the aggregate term being 38 years in state prison; defendant's aggregate term was reduced from 44 years, 8 months to 38 years.

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Summit Fin. Holdings v. Cont'l Lawyers Title Co., No. S097344., SUPREME COURT OF CALIFORNIA, March 7, 2002, Decided
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Overview: Holding company could not bring a negligence action arising from a refinance transaction; as a stranger to the escrow agreement, the holding company was not owed a duty of care by the title company.

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