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   State Courts - California - March 16 - March 19, 2001

  
Basich v. Allstate Insurance Co., No. B132634., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 16, 2001, Decided
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Overview: In action by insured against insurer for breach of implied covenant of good faith and fair dealing, trial court properly considered clear-and-convincing standard of proof in granting motion for summary adjudication of punitive damages claim.

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Cappiello, Hofmann & Katz v. Boyle, A089477, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 16, 2001, Filed
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Overview: Unregistered law corporation was not entitled to damages for interference with prospective economic advantage because client contracts were illegal; thus, no cause of action could arise from contractual relationships.

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Deary v. Superior Court, No. C037073., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 16, 2001, Decided
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Overview: Writ issued to vacate trial court order to compel production of estate tax returns and related materials, because due to movant's imprecision, assertion of privilege had been timely, and no public policy had been shown to override the privilege.

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Punsly v. Ho, No. D036025., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 16, 2001, Decided
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Overview: Application of nonparental visitation statute over mother's objections, in light of her fitness as a parent and her willingness to voluntarily schedule visitation with child's grandparents, unduly infringed on mother's fundamental rights.

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San Diego Trolley v. Superior Court, No. D036000., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 16, 2001, Decided
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Overview: Petition for writ of mandamus was granted to prevent discovery by an injured plaintiff of a trolley driver's confidential communications with her psychiatrist as well as the trolley driver's private employment records.

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In re Ricky T., No. A090983., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 19, 2001, Decided
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Overview: Student's statements of "I'm going to get you" and "kick your ass" did not support finding of terrorist threat to teacher because there was no immediacy to threat, and momentary fear could not support finding of sustained fear.

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PEOPLE v. DAVI SIMPLEST BRADFORD, A096340, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 19, 2001, Filed
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People v. Superior Court (Preciado), No. D036024., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 19, 2001, Decided
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Overview: Where petition for commitment as sexually violent predator was timely filed and required evaluations were performed prior to end of the alleged predator's previous commitment, the trial court erred in dismissing the petition.

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