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State Courts -
California - June 10, 2002
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Case v. Lazben Financial Co., No. B143295.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: Provision of civil procedure code denying subsequent applications for a motion did not apply to trial court's reconsideration of an interim order on its own motion. Thus, trial court had authority to correct its prior order denying motion to dismiss.
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DMC, Inc. v. Downey Savings & Loan Assn., No. E030072.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: As the result of a foreclosure and repurchase, plaintiff's original senior lien was satisfied, and a new lien was created. Assuming that plaintiff's lien reattached, defendant's new purchase-money lien had priority over any revived junior lien.
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In re Brittany L., No. B154167.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: Where defendant was found guilty of vandalism, it was error to not order restitution without regard to potential third party reimbursement, as well as to not consider defendant's evidence challenging necessity and amount of claimed repair costs.
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Low v. Golden Eagle Ins. Co., No. A091934.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: The insurer in conservation was not required to provide the insured a defense in a third party lawsuit for damages filed against the insured by a consumer of one of its products.
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People v. Wright, No. H022452.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: The trial court erred in granting defendant's motion to have entry of judgment deferred, and the State was entitled to appeal the trial court's order granting defendant's motion.
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Rice v. Clark, No. S097456.,
SUPREME COURT OF CALIFORNIA, June 10, 2002, Decided , June 10, 2002, Filed
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Overview: Where contingent beneficiary sought declaration that donative transfers made to primary beneficiaries were invalid, amendments to statute, eliminating persons who caused instrument to be drafted, applied to disputed donative transfers.
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