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State Courts -
California - January 31, 2008
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Estate of William Earl Garrett, E042054,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 31, 2008, Filed
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Overview: Surviving spouse's nominee had priority over a daughter in obtaining letters of administration as provided in Prob. Code, ? 8461, because the past filing of a dissolution action that was dismissed for lack of prosecution did not cause loss of that priority under Prob. Code, ? 8463, which applied only to a party to a pending action for dissolution.
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In re Crockett, A117772,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 31, 2008, Filed
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Overview: The trial court lacked jurisdiction to convict habeas petitioner for failing to register as a sex offender pursuant to Pen. Code, former ? 290, as a result of his adjudication in a Texas juvenile court, conditions of probation imposed by the Texas juvenile court, and move to California pursuant to the Interstate Compact on Juveniles.
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McClain v. Octagon Plaza, LLC, B194037,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 31, 2008, Filed
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Overview: In accordance with Civ. Code, ? 1668, the terms of a commercial lease, including exculpatory provisions regarding the tenant's opportunity to inspect the premises, did not bar the tenant from asserting a claim for fraud in the inducement or showing that misrepresentations concerning the unit's size reasonably induced her to accept the lease.
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Northwest Energetic Services, LLC v. California Franchise Tax Bd., A114805, A115841, A115950,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 31, 2008, Filed
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Overview: Foreign LLC was entitled to refund of amounts paid under levy imposed by Rev. & Tax. Code, former ? 17942, because levy, as applied to the foreign LLC in the years in question, violated federal Commerce Clause; fact that levy was based on non-California income, not attributable to activities in California, amounted to extraterritorial taxation.
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S&S Cummins Corp. v. West Bay Builders, Inc., A112977,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 31, 2008, Filed
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Overview: On subcontractor's claim against general contractor for failure to make prompt payment of retention proceeds, court properly calculated statutory prompt payment charges imposed under Pub. Contract Code, ? 7107, as ? 7107, subd. (f), authorized a charge only for improperly withheld amount rather than that amount plus any accrued but unpaid charges.
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