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   State Courts - California - March 29, 2001

  
Barker v. Brown & Williamson Tobacco Corp., No. D036107., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 29, 2001, Decided
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Overview: Wrongful death suit by smoker's son was barred because: (1) amendments were prospective, and legislature only intended to eliminate total immunity from tobacco-related product liability suits; and (2) smoker's son failed to diligently pursue claim.

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Friends of Sierra Madre v. City of Sierra Madre, No. S085088., SUPREME COURT OF CALIFORNIA, March 29, 2001, Decided
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Overview: Use of petition for writ of mandate was proper procedure by which to challenge validity of an ordinance enacted without compliance with state's environmental quality law, even though action was not properly brought as an election contest.

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GE Capital Auto Fin. Servs. v. Appellate Div., No. B145789., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 29, 2001, Decided
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Overview: Where finance company sought writ of mandate to challenge small claims court's order compelling discovery, small claims enforcement orders were reviewed in same way as postjudgment enforcement orders in limited civil case.

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In re Marriage of Katzberg, No. C031628., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 29, 2001, Decided
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Overview: Trial court's decision to impute to father the time the child was away at school was a proper exercise of discretion. Father was the primary custodial parent, and he was responsible for the costs associated with the school.

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Jennifer M. v. Redwood Women's Health Ctr., No. A091317., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 29, 2001, Decided
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Overview: Appellant's claim for illegal disclosure of personal medical information was properly dismissed; state's information practices act did not provide a cause of action against private medical clinics.

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Jun v. Myers, Nos. B132502, B138750., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 29, 2001, Decided
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Overview: Dismissal did not preclude suit against receiver because receiver had not made final accounting or been discharged. Court had no discretion to deny motions to sue and intervene by summarily determining that intervenor's claim lacked merit.

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People v. Murphy, No. S075263., SUPREME COURT OF CALIFORNIA, March 29, 2001, Decided
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Overview: Defendant's prior conviction for oral copulation with a child was a strike under the Three Strikes law. Habitual sexual offender law authorized separate terms for both new convictions. Sentencing under both laws was proper.

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Starzynski v. Capital Public Radio, No. C034165., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 29, 2001, Decided
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Overview: Plaintiff signed an employment contract acknowledging that he was an at-will employee; thus, he had no contractual claim for wrongful discharge based on constructive discharge on account of intolerable working conditions.

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