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   State Courts - California - December 28 - December 29, 1999

  
Ali v. City of L.A., No. B114226., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 28, 1999, Decided
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Overview: City's erroneous delay in issuing demolition permit for hotel constituted a temporary regulatory taking because it temporarily deprived plaintiff of all use of his property and was not normal delay in development process.

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Gelini v. Tishgart, No. A082565., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, December 28, 1999, Decided
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Overview: Statutory employee protection did not apply only to collective bargaining or non-union self-organizing among employees; statute protected individual employees, concerted action of several employees was not necessary to trigger protection.

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Novak v. Low, No. A085391., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, December 28, 1999, Decided
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Overview: Summary adjudication for insured was ordered on issue of duty because law firm failed to cooperate and allow insured and his attorney to participate in all aspects of settlement negotiations conducted on behalf of insurer.

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Victor v. Hedges, No. B125251., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 28, 1999, Decided
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Overview: Summary judgment for defendants was proper where the statute was not designed to prevent the type of injures plaintiff sustained and plaintiff failed to show defendants should have foreseen an unreasonable risk of harm.

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City of Palo Alto v. Serv. Employees Internat. Union, No. H019017., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 29, 1999, Decided
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Overview: Arbitration award requiring reinstatement of employee who made threats to another employee violated public policy requiring obedience to court orders because injunction required employee to stay 100 yards away from workplace.

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Evens v. Superior Court, No. B133074., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, December 29, 1999, Decided
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Overview: Statute that prohibited making videotape of class did not prohibit using such videotape in teacher disciplinary proceedings; classroom communications not confidential and so not protected by privacy laws.

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Kroupa v. Sunrise Ford, No. B104684., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 29, 1999, Decided
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Overview: Under Vehicle Leasing Act, all agreements between lessees and lessor pertaining to vehicle lease were required to be included in single document, including trade-ins, cash payments, and lessor's assumption of negative equity.

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People v. Crayton, B125826, B136548, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 29, 1999, Filed
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Overview: Because the record showed that defendant repeatedly asserted his right to represent himself in criminal proceedings, trial court committed harmless error by failing to re-advise him of his right to counsel and obtain waiver.

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People v. Valentine, B119774, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 29, 1999, Filed
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Overview: Conviction for lewd acts upon a child affirmed. Error in ruling that appellant did not have right to have jury decide issue of prior convictions was harmless. Evidence supported trial court's finding on prior convictions.

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Wise v. Pac. Gas & Elec. Co., No. A083784., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, December 29, 1999, Decided
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Overview: Any action Public Utilities Commission might take concerning the gas regulator replacement program would determine whether a court should entertain the action. Thus, the case was appropriate for primary jurisdiction doctrine.

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