California, March, 2002, State Case law

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State Courts - California - March 21, 2002

H. D. Arnaiz v. County of San Joaquin, No. C035433., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 21, 2002, Decided
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Overview: An order granting a motion to vacate a voluntary dismissal was not an appealable order.

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Harris v. Sandro, No. B148018., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 21, 2002, Decided
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Overview: Plaintiff's appeal of a judgment confirming an arbitration award in favor of defendants was frivolous; appellate court imposed sanctions to discourage plaintiff and appellate counsel from further frivolous litigation.

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Hassan v. Mercy American River Hospital, C026448, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 21, 2002, Filed
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Overview: California law extended a privilege to an allegedly libelous communication of information to a hospital, as the communication was intended to aid in the evaluation of the qualifications of a medical practitioner.

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In re Robert H., No. B152012., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 21, 2002, Decided
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Overview: In a juvenile delinquency proceeding, the trial court properly exercised its discretion by concluding the minor should be committed to camp community placement; it was to the minor's benefit.

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Low v. Lan, No. G023366., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 21, 2002, Decided
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Overview: Insurance Commissioner's preference claim against an insurance claimant was timely; California law provided a three-year statute of limitations for such claims.

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People v. McNeil, No. A093287., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 21, 2002, Decided
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Overview: Police could not show good faith reliance on Oakland ordinance used as the basis to arrest and search defendant, where the ordinance was preempted by California state law for over 40 years.

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Tradewinds Escrow v. Truck Ins. Exch., No. B145867., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 21, 2002, Decided
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Overview: Insurer had no duty to indemnify where all of the claims alleged in the underlying action against insured were committed during the performance of professional services; policy also excluded insured's intentional conduct or acts.

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Wang v. Massey Chevrolet, No. B147471., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 21, 2002, Decided
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Overview: Oral misrepresentations in connection with a consumer transaction were prohibited by the Consumers Legal Remedies Act; the parol evidence rule was not a defense.

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