California, March, 2007, State Case law

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State Courts - California - March 22, 2007

Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court, B191879, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 22, 2007, Filed
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County of San Bernardino v. Calderon, E040923, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 22, 2007, Filed
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Overview: Contractual attorney fee lien against an auto accident settlement had priority over a county's hospital lien because the attorney fee lien was created before the county gave notice of its hospital lien under Civ. Code, ? 3045.3; the hospital lien did not come into existence until notice was given under ? 3045.3.

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In re Hadley B., G037558, G037689, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 22, 2007, Filed
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Jordan v. Allstate Ins. Co., B187706, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 22, 2007, Filed
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Overview: Trial court erred in granting summary judgment to an insurer in a bad faith action; although the insurer's interpretation of a policy exclusion was reasonable, it also had a duty to investigate the policy claim, and the insured provided sufficient summary judgment evidence to support a conclusion at trial that the insurer failed to investigate.

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Knight v. Ferguson, No. B194512, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 22, 2007, Filed
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Overview: Attorney was subject to disqualification in a contract action based on successive representation of clients with adverse interests in a substantially related matter; although all parties were present during the prior client's consultations, the prior client nevertheless could be prejudiced by the attorney's representation of the current clients.

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People v. Beames, S050455, SUPREME COURT OF CALIFORNIA, March 22, 2007, Filed
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Overview: Where defendant and his counsel had expressed deliberate tactical purpose in resisting instructions on second-degree murder and involuntary manslaughter, any error on those theories was invited, and defendant thus was barred from invoking such error as a basis for reversing his first-degree murder conviction under Pen. Code, ? 190.2, subd. (a)(18).

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People v. Strasburg, A114145, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, March 22, 2007, Filed
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Overview: Deputy did not lack probable cause to search defendant's car for marijuana even though defendant had a medical marijuana prescription under the California Compassionate Use Act. Deputy was entitled to determine whether defendant was in fact possessing marijuana for personal medical needs and was adhering to the eight-ounce limit on possession.

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Shepard v. Edward Mackay Enterprises, Inc., C052564, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 22, 2007, Filed
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Overview: In a lawsuit brought by home buyer against contractor and developer, Federal Arbitration Act preempted contrary California law, specifically Code Civ. Proc., ? 1298.7, where defendants produced evidence the construction of buyer's home involved the receipt and use of building materials that were manufactured and or produced outside California.

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