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State Courts -
California - January 31, 2007
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Berry v. American Express Publishing, Inc., G036848,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2007, Filed
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Overview: Because credit transactions, separate and apart from any sale or lease of goods or services, were not covered under the California Consumer Legal Remedies Act, Civ. Code, § 1750 et seq., the trial court properly sustained a credit card company's demurrers to a cardholder's complaint for injunctive relief based on the Act.
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Madrigal v. City of Huntington Beach, G036991,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2007, Filed
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Overview: City properly issued a grading permit without conducting an environmental review of the permit's impact, pursuant to the California Environmental Quality Act, Pub. Resources Code, § 21000 et seq., upon reasonably finding that the use of imported fill was a minor alteration in the condition of land under Cal. Code Regs., tit. 14, § 15304, subd. (a).
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McAllister v. County of Monterey, H028813,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 31, 2007, Filed
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Overview: Trial court properly sustained a demurrer in an administrative mandamus action, filed simultaneously with an appeal to the California Coastal Commission, which challenged a county's approval of a coastal development permit; exhaustion of administrative remedies by appeal to Commission under Pub. Resources Code, § 30603, subd. (a)(1), was required.
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Overaa Construction v. California Occupational Safety & Health Appeals Bd., C051245,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2007, Filed
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Overview: Because Lab. Code, § 6432, subd. (b), was an affirmative defense, lack of reasonable diligence was not an element of an occupational safety violation; moreover, the failure of a general contractor's superintendent to measure the depth of a subcontractor's trench to determine whether a protective system was necessary showed a lack of due diligence.
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People v. Flores, D047249,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 31, 2007, Filed
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Overview: Under the Chapman harmless error standard, reversible error occurred in a criminal trial because the trial court's instructions to the jury, considered individually and as a whole, did not inform the jury, as required by the Fifth Amendment, that the prosecution had the burden to prove each element of the charged offenses beyond a reasonable doubt.
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Roehl v. Ritchie, G036999,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2007, Filed
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Overview: Arbitrator had discretion to issue a second award, after confirmation of the first award, which changed the distribution of trust assets based on an updated appraisal of real property; Code Civ. Proc., § 1283.4, did not prevent arbitrators from issuing awards that contemplated future proceedings, such as resolving matters of trust administration.
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