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State Courts -
California - January 25, 2008
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Bayer-Bel v. Litovsky, B197829,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 25, 2008, Filed
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Overview: In a tort action arising from a head-on collision, an unlicensed driver's liability for noneconomic damages was several under Civ. Code, ? 1431.2, subd. (a), and was limited to the amount of fault allocated to her by the jury because the liability of defendant passenger for negligent entrustment was primary, not vicarious.
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Security National Guaranty, Inc. v. California Coastal Com., A114647,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 25, 2008, Filed
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Overview: California Coastal Commission erred in designating an owner's property an environmentally sensitive habitat (ESHA) because California Coastal Act of 1976, Pub. Resources Code, ? 30000 et seq., granted the Commission no power to declare property an ESHA during a CDP appeal; Commission improperly assumed powers expressly reserved to local government.
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Wells Fargo Bank, N.A. v. Superior Court, A116116,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 25, 2008, Filed
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Overview: Because a bank's alleged misrepresentations and omissions coincided with a security transaction, the broadly applicable "in connection with" requirement for the application of the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. ? 78bb(f), was met, thereby precluding a state class action complaint by trust beneficiaries.
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