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State Courts -
California - February 28, 2007
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Franklin Capital Corp. v. Wilson, G036152,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 28, 2007, Filed
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Overview: Trial court could not dismiss a debt collection action pursuant to an order to show cause (OSC) after the creditor validly exercised its right under Code Civ. Proc., § 581, subd. (b)(1), to dismiss voluntarily; the pendency of the OSC was not equivalent to the commencement of trial under § 581, subd. (a)(6), because dismissal was not inevitable.
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Fremont Indemnity Co. v. Fremont General Corp., B183974,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 28, 2007, Filed
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Overview: A trial court, in ruling on a parent companys demurrer to its subsidiarys complaint alleging misappropriation of funds, erred in taking judicial notice of the enforceability and proper interpretation of a letter agreement under Evid. Code, § 450, by deciding those questions where the parties disputed and continued to dispute those questions.
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Munoz v. City of Union City, A110121,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, February 28, 2007, Filed
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Overview: In a case arising from a death in a police shooting, the trial court erred by reducing the recovery of the deceased's family by the percent of fault allocated to city by a jury, after a finding that sovereign immunity barred the city's direct negligence, because the city was not a tortfeasor; thus multiple-defendant principles were inapplicable.
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Myers v. Trendwest Resorts, Inc., C052286,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 28, 2007, Filed
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Overview: Employer was not entitled to summary judgment in an action alleging that a supervisor made unwanted sexual advances while returning from sales activities; under Gov. Code, § 12940, subd. (j)(1), the employer was strictly liable for harassment by a supervisor that did not result from a completely private relationship unconnected with the employment.
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People v. Guevara, No. B182951,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 28, 2007, Filed
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Overview: Defendant's convictions were conditionally reversed, and case was remanded for a new Pitchess hearing, where there was no indication trial court actually reviewed a list submitted in support of custodian's decision not to produce any police officer personnel records for trial court's examination, and appellate court was unable to review that list.
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People v. Mays, D046696,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 28, 2007, Filed
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Overview: Evidence was sufficient to convict a defendant who ran an escort service of money laundering under Pen. Code, § 186.10, subd. (a), because it showed deposits of $ 5,000 in criminally-derived cash in a 10-day period. Although there was evidence that some activities were legal, the escort and prostitution businesses were inextricably intertwined.
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