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   State Courts - California - May 31, 2000

  
Alpert v. Villa Romano Homeowners Ass'n, No. B118182., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 31, 2000, Decided
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Overview: Trial court erred in granting property owner's motion for nonsuit on plaintiff's claim relating to her injuries arising from a fall caused by an upturned sidewalk. Plaintiff's evidence was sufficient to overcome the motion.

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Duggal v. G.E. Capital Communications Servs., No. B125295, No. B129637., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 31, 2000, Decided
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Overview: The filed rate doctrine barred appellants' action for negligence, and the action for an accounting failed because it was derived from and depended on the validity of the action for negligence.

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Goffney v. Family S&L Ass'n, B119732, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 31, 2000, Filed
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Overview: Property owner's action to set aside a foreclosure sale, unaccompanied by an offer to redeem, failed to state a cause of action which a court of equity could recognize.

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Hunt v. Superior Court, No. D034797., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 31, 2000, Decided
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Overview: The contact with California was insufficient to permit personal jurisdiction, and the forum selection clause did not give petitioners sufficient notice that they were agreeing to litigate disputes in California.

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In re Mitchell, No. D035151., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 31, 2000, Decided
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Overview: Limitation of custody credits for commission of violent felonies did not apply to prisoner's sentencing because conspiracy to commit crimes set forth in statute was not among the violent felonies defined in the statute.

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People v. Oldham, No. D031986., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 31, 2000, Decided
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Overview: Father had authority to grant search of defendant son's room. Whether police had good faith belief father had authority to consent to search of closed containers in bedroom could not be raised for first time on appeal.

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Pierotti v. Torian, No. A086713., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 31, 2000, Decided
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Overview: Under parties' agreement, arbitrator had authority to award attorney fees. Sanctions were proper because defendant's attorneys' appeal egregiously violated court rules, was frivolous, and, was taken solely to delay.

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Rakestraw v. Cal. Physicians' Serv., No. B115766., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 31, 2000, Decided
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Overview: The prohibition against charging a copayment because of sex did not include charging a copayment because of pregnancy.

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