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State Courts -
California - January 25, 2007
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First American Title Ins. Co. v. Superior Court, B194004,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 25, 2007, Filed
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Overview: A class representative, who purported to bring a cause of action on behalf of a class of which he was never a member, was disallowed from obtaining precertification discovery to find a new class representative. The class representative was, in effect, a stranger to the action.
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Gillan v. City of San Marino, B182979 & B183592,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 25, 2007, Filed
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Overview: In a high school coach's action arising from a detention without probable cause for sexual molestation, the city and police were immune under Gov. Code, §§ 821, 815.2, subd. (b), from liability for defamation and intentional infliction of emotional distress because their press release identifying the coach was made in furtherance of investigation.
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People v. Leon, S137137,
SUPREME COURT OF CALIFORNIA, January 25, 2007, Filed
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Overview: In an investigation into a drug trafficking organization, wiretaps were necessary within the meaning of Pen. Code, § 629.52, subd. (d), because none of defendants' proposed alternatives, taken singly or in combination, offered a realistic prospect of exposing the extent and structure of the conspiracy without the assistance of wiretaps.
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Temple City Redevelopment Agency v. Bayside Drive Limited Partnership, B189736 c/w B189737,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 25, 2007, Filed
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Overview: In case in which a property owner was dismissed, not because condemning agency abandoned the proceedings, but because owner sold the property while the action was pending, owner was entitled to recover its litigation expenses under Code Civ. Proc., § 1268.610, subd. (a)(1), because the statute stated that expenses were recoverable "for any reason."
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