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   State Courts - California - January 29 - January 30, 2002

  
City of Redlands v. County of San Bernardino, No. E028515, No. E028540., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 29, 2002, Decided
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Overview: The County of San Bernardino, California, erred in its adoption of a negative declaration under the California Environmental Quality Act concerning modification of its land use; the County failed to adequately consider future development.

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Paul v. Friedman, No. B142814., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 29, 2002, Decided
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Overview: Anti-SLAPP statute did not protect attorney from liability for torts committed in investigating securities broker's personal life, where personal issues had no relevance to arbitration of client complaints against broker.

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Kajima Eng'g & Constr. v. City of L.A., No. B149642., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 30, 2002, Decided
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Overview: In a suit brought by a construction company against the City of Los Angeles, California, a SLAPP motion was defeated, as alleged improper conduct did not arise from the company's free speech activities, but rather from its contracting practices.

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Kids' Universe v. In2labs, No. B147455., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 30, 2002, Decided
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Overview: Summary judgment was proper in a breach of contract action to recover lost profits; because of the speculative nature of the evidence, plaintiffs failed to raise a triable issue of material fact as to the ability to prove lost profits.

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People v. Smith, No. C037999., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 30, 2002, Decided
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Overview: An associate of a probationer assumed the ongoing risk that her property and effects in common areas of the probationer's residence were subject to search.

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People v. Toney, C035564, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 30, 2002, Filed
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Overview: Because state failed to secure first of their alternatives, an appeal to the appellate court, and utilized remaining alternative by filing a second complaint, they exhausted their alternative remedies to relitigate or seek review of dismissal.

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Scottsdale Ins. Co. v. National Union Fire Ins. Co., E028602, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 30, 2002, Filed
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Overview: In the case of multiple insurers, the appellate court gave effect to the duty-to-defend provisions of every excess insurers' policy.

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