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   State Courts - California - January 30, 2001

  
Am. Cont'l Ins. Co. v. Am. Casualty Co., No. B138343., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 30, 2001, Decided
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Overview: Insurer's action for equitable contribution from another insurer following the settlement of a medical malpractice suit was properly dismissed for failure to state a claim; second insurer had no obligation to defend insured in suit.

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Calfarm Ins. Co. v. Wolf, No. C033885., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 30, 2001, Decided
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Overview: Where passenger in car hit by drunk driver made a claim through his own uninsured motorist policy, and driver of car in which passenger rode paid claim, passenger could also make claim on his own uninsured motorist policy.

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Century City Medical Plaza v. Sperling, No. B133901., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 30, 2001, Decided
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Overview: Trial court erred in rejecting arbitrator's final award and confirming original award without first conducting evidentiary hearing to determine, under proper legal standard, that final award's confirmation was not justified.

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Coors Brewing Co. v. Stroh, No. C031851., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 30, 2001, Decided
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Overview: Writ of mandate denied to beer company challenging prohibition against cash promotions of alcoholic beverages; a cash prize fell under the prohibition against awarding any premium or free goods in connection with such promotions.

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Downen'S, Inc. v. City of Hawaiian Gardens Redevelopment Agency, No. B132012., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 30, 2001, Decided
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Overview: Statute authorized litigation expenses to appellants for inverse condemnation action and litigation expenses for petition for writ of mandate to enforce their judgment arising out of the inverse condemnation action.

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Echevarrieta v. City of Rancho Palos Verdes, B138366, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 30, 2001, Filed
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Hale v. S. Cal. Ipa Medical Group, No. B137947., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 30, 2001, Decided
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Overview: In order to bring a shareholder derivative suit against multiple defendants, plaintiff was only required to furnish a $ 50,000 bond.

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Hill Med. Corp. v. Wycoff, No. B134869., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 30, 2001, Decided
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Overview: Covenant not to compete entered between medical corporation and doctor was void and unenforceable, as the covenant did not fall within a narrow exception set forth in the California Business and Professions Code.

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Kinney v. CSB Constr., Inc., No. A089737., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 30, 2001, Decided
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Overview: General contractor did not owe subcontractor's employee a duty in tort to correct conditions arising solely from subcontractor's conduct. General contractor did not affirmatively contribute to creation of the hazard.

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People v. Allen, No. B136331., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 30, 2001, Decided
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Overview: Appellant's conduct of opening an unlocked passenger door and thereafter lifting a trunk latch was insufficient to support a conviction for burglary.

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