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   State Courts - California - April 12 - April 17, 2001

  
Motion Picture & TV Fund Hosp. v. Superior Court, No. B147436., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 12, 2001, Decided
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Overview: Peremptory challenge to newly assigned direct calendar judge was untimely; statutory time period for filing such a challenge commenced when the parties received notice of the assignment.

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People v. Statum, B142079, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 12, 2001, Filed
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Overview: People's appeal was dismissed because claim that trial court abused its discretion in sentencing respondent's Vehicle Code violation as misdemeanor did not present pure question of law, and was not appealable.

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Rossetto v. Barross, Nos. AD4609, AD4610, APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, SAN MATEO COUNTY, April 14, 2001, Decided
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Overview: Cotenants could enter into written agreements regarding their real property which created both a tenancy in common and a lease between three of the cotenants as lessors and the fourth cotenant as lessee.

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Brennan v. Tremco, 2No. S087204., SUPREME COURT OF CALIFORNIA, April 16, 2001, Decided
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Overview: Employee could not sue for malicious prosecution of an action that employee and employer resolved through contractual arbitration because contractual arbitration proceeding did not result in favorable termination of prior action.

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Green & Shinee v. Superior Court, No. B138892., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 16, 2001, Decided
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Overview: Trial court properly ordered unsealing and release of police officers' supplemental reports seized from law firm because such reports were public records, and were not protected by attorney-client privilege.

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Hughes v. Argonaut Ins. Co., No. A090292., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 16, 2001, Decided
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Overview: Appellant's settlement with a third party did not require court approval; thus California Workers' Compensation Appeals Board had exclusive jurisdiction to decide the amount and allocation of attorney fees.

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People v. Johnson, B139943, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 16, 2001, Filed
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Overview: Charges of continuous sexual abuse upon a minor, lewdness and sodomy should have been alleged in the alternative; the prosecution could not obtain multiple convictions for both the course of conduct and the individual acts that comprised it.

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Kaczorowski v. Mendocino County Bd. of Supervisors, No. A091318., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 17, 2001, Decided
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Overview: California Coastal Commission was indispensable party to administrative mandamus challenging Commission's issuance of permit for proposed project approved by the Mendocino County Board of Supervisors subject to California Environmental Quality Act .

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