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   State Courts - California - March 27, 2001

  
Adoption of Daniele G., No. E026362, No. E027047., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 27, 2001, Decided
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Overview: Trial court erred in ruling that biological father's constitutionally protected interest in an opportunity to form a relationship with his child precluded it from granting guardianship petition based on detriment alone.

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Cal. v. Superior Court, No. E028068., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 27, 2001, Decided
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Overview: Where a pilot died while fighting a fire, but the pilot was not employed by the State, immunity applied to the lawsuits brought against the State, and therefore the actions were barred.

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Kline v. Turner, No. D035248., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 27, 2001, Decided
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Overview: Where plaintiff was reasonably on inquiry that defendants engaged in fraud in 1990, his suit filed in 1999 against defendants for alleged fraudulent acts was time barred.

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Newhall Land & Farming Co. v. McCarthy Constr., No. B136491., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 27, 2001, Decided
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Overview: Appellant's cross-complaint for equitable indemnification failed to state a cause of action where appellant had affirmative defense of offset as its remedy and a special relationship existed between plaintiff and respondent.

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People v. Carrillo, No. H020663., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 27, 2001, Decided
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Overview: Trial court was correct in determining that it did not have discretion to conditionally dismiss strike allegations to which defendant had admitted. Thus, trial court properly sentenced defendant under the Three Strikes law.

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Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co., D036868, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 27, 2001, Filed
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Overview: Title company, as an escrow holder in a refinance transaction, owed a duty of care only to the parties and participants in the escrow, and could not be sued for negligence by a lender who was not a party to the transaction.

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