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   State Courts - California - May 3, 2000

  
99 Cents Only Stores v. Workers' Comp. Appeals Bd., No. B133156., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 3, 2000, Decided
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Overview: Given record lacking qualifications, supervision, or explanation of reasonableness, attorney's fees of $ 163 an hour for unlicensed hearing representative at deposition for workers' compensation case were patently excessive.

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Cornette v. Department of Transportation, B125741, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 3, 2000, Filed
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Overview: Judgment for state transportation agency in personal injury suit was reversed. Plaintiffs were entitled to a jury trial on elements of agency's design immunity defense, except for the element of reasonableness of the design.

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Coscia v. McKenna & Cuneo, D030802, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 3, 2000, Filed
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Overview: Guilty plea did not collaterally estop plaintiff from proving actual innocence in criminal malpractice action because statute of limitations created impediment to requiring setting aside conviction as element of tort.

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Craik v. County of Santa Cruz, No. H020690., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 3, 2000, Decided
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Overview: Defendant clearly articulated its reasons for granting real parties' requested variances and the court had no trouble following defendant's analysis; therefore, granting the variances was proper.

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Waters v. Workers' Comp. Appeals Bd., No. B133972., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 3, 2000, Decided
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Overview: A penalty was reinstated because the evidence did not support the conclusion that the delay of payment of disability benefits was either brief, inadvertent, resulting from simple clerical human error or expected in the normal course of business.

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