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   State Courts - California - February 8 - February 13, 2001

  
Bame v. City of Del Mar, No. D034206, No. D034354., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 8, 2001, Decided
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Overview: Local ordinance taxing state fairground district and its contractors violated district's sovereignty, and therefore was unenforceable; promoter's action for refund of taxes paid under ordinance was reinstated.

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Curle v. Superior Court, No. S080322., SUPREME COURT OF CALIFORNIA, February 8, 2001, Decided
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Overview: Court of appeal lacked authority to hear disqualified judge's appeal. "Parties to the proceeding" in statute authorizing appeal were litigants in underlying action--and not the judge disqualified from presiding over the action.

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In re Cervera, No. S075310., SUPREME COURT OF CALIFORNIA, February 8, 2001, Decided
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Overview: Appellate court did not err by denying inmate's habeas corpus petition. Three Strikes law did not authorize or allow inmate to be awarded penal code credits against a mandatory indeterminate term of life imprisonment.

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People v. Carlisle, No. B137310., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 8, 2001, Decided
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Overview: Failure to grant appellant's consistent, timely, and unequivocal requests for self-representation constituted reversible error.

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Spielholz v. Superior Court, No. B131655., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 8, 2001, Decided
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Overview: Monetary damages claim for wireless communications provider's alleged false advertising was not preempted by federal communications statute, since it did not involve regulation of rates and posed no irreconcilable conflict with federal law.

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Hightower v. Superior Court, No. B143841., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 9, 2001, Decided
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Overview: A partial final award issued by an arbitrator in an underlying shareholder's agreement dispute was proper where there was a link between the relief granted in the award and the terms of the shareholder's agreement.

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Whitmore Union Elementary School Dist. v. County of Shasta, C031359, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 9, 2001, Filed
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Overview: County treasurer who failed to determine whether school district's money was surplus and secure its consent for investment lacked discretion to invest money. Investment was not subject to discretionary immunity provided by Tort Claims Act.

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Gordon v. Horsley, A088568, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 13, 2001, Decided , February 13, 2001, Filed
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Holland v. Morse Diesel Internat., No. A088941., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 13, 2001, Decided
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Overview: An African American unlicensed contractor could pursue an action for racial discrimination during the performance of his contract, but could not seek damages for the defendant's failure to pay sums due under the contract.

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People v. Gonzales, No. B137494., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 13, 2001, Decided
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Overview: Convictions for aiding and abetting a murder were affirmed where there was sufficient evidence, and it was unnecessary to prove their knowledge that the perpetrator was armed.

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