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   State Courts - California - February 28, 2001

  
Am. Cemwood Corp. v. Am. Home Assurance Co., No. A089185., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 28, 2001, Decided
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Overview: Order granting stay of multi-party insurance litigation in California state court reversed; moving party's failure to demonstrate that all defendants were subject to jurisdiction in British Columbia precluded application of forum non conveniens.

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Buena Vista Mines v. Indus. Indem. Co., No. B138302., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 28, 2001, Decided
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Overview: Where there was no insurance coverage in effect at the time of the violations set forth in the complaint, there was no duty to defend under the policy, and there was no action for breach of the covenant of good faith and fair dealing.

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Cal. Dept. of Transp. v. Hooker, No. S091601, SUPREME COURT OF CALIFORNIA, February 28, 2001, Filed
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Cong. of Cal. Seniors v. Catholic Healthcare W., No. B140639., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 28, 2001, Decided
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Overview: Judgment affirmed dismissing unions' claims addressing hospitals' anti-unionization efforts, Medicare cost reporting, and reimbursement practices, where such claims were preempted by federal law.

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Estate of Bibb, No. A091894., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 28, 2001, Decided
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Overview: In order to effect a transmutation of property the instrument had to be in writing and had to contain on its face a clear and unambiguous expression of intent to transfer an interest in the property, which was independent of extrinsic evidence.

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Ferreira v. Gray,cary, No. D034678., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 28, 2001, Decided
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Overview: Plaintiff's malicious prosecution action necessarily failed because there was no favorable termination for plaintiff in the underlying litigation, as it had ended by way of a post-trial negotiated settlement.

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Grover v. Bay View Bank, No. A091772., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 28, 2001, Decided
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Overview: Bank was not liable to judgment creditor for negligence; it had no duty or right to seize bank accounts in the name of debtor's spouse in the absence of a court order allowing levy on a third-party bank account.

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In re GUSTAVO E., Coming Under the Juvenile Court Law, E029357, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 28, 2001, Filed
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Lundy v. Ford Motor Co., No. B133232., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 28, 2001, Decided
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Overview: In an action for breach of implied and express warranty, where there was no way to eliminate likelihood that jury chose factual theory affected by an instructional error, it was likely jury reached an improper verdict.

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Praiser v. Biggs Unified Sch. Dist., No. C035358., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 28, 2001, Decided
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Overview: School district could not prorate part-time teacher's insurance premiums, where collective bargaining agreement required district to pay entire premium for full-time employees, and education code encouraged transitions to part-time.

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