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   State Courts - California - April 23 - April 24, 2001

  
In re Luke W., No. A090906., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, April 23, 2001, Decided
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Overview: In a matter involving a juvenile delinquent, a knife found in possession of the juvenile did not constitute a concealed dirk or dagger.

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Israni v. Superior Court, No. D036319., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 23, 2001, Decided
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Overview: In a condemnation action, trial court's orders granting immediate possession and denying a stay of possession were affirmed. City had an urgent need, providing homeless services, for the immediate possession procedure.

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People v. Castro, 026619, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 23, 2001, Filed
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Perry v. Shaw, No. B133608., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 23, 2001, Decided
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Overview: In action for medical negligence and battery, jury's award of over one million dollars for plaintiff's noneconomic damages was upheld. Because common law battery was proved, statutory cap on noneconomic damages did not apply.

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Pink DOT v. Teleport Communications Group, No. B141017., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 23, 2001, Decided
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Overview: In an action against a public utility company, claimant was allowed to proceed to trial on action seeking recovery for gross negligence, fraud, and intentional misconduct; exemplary damages were allowed upon a showing the activity was willful.

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Brehm Cmtys. v. Superior Court, No. G027143, No. G027148., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 24, 2001, Decided
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Overview: The determination of whether a settlement was in good faith had to be based on competent, admissible evidence, and the settling parties had the burden of proof to establish the value of non-monetary consideration for the settlement.

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Liberty Mut. Fire Ins. Co. v. McKenzie, No. B138295., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 24, 2001, Decided
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Overview: Because neither policy defined "owned," the stolen truck was the insured vehicle, and an inter vivos transfer to a dead person did not transfer title; a triable issue of material fact existed as to whether defendant was entitled to coverage.

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Simons v. Steverson, No. B141403., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 24, 2001, Decided
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Overview: California exercised personal jurisdiction over a New York law firm that employed a New York resident, who was an attorney licensed to practice law in California, who performed legal services for California residents in California.

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