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   State Courts - California - June 8 - June 11, 2001

  
Ferrell v. County of San Diego, No. D034864., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 8, 2001, Decided
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Overview: Allowable "costs" in inverse condemnation action did not include mileage, postage, telephone charges, photocopying expenses, attorney service charges, meals, parking fees, or fees for court reporter or expert's deposition time.

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In re Chavez, G028140, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2001, Filed
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Overview: Habeas corpus was granted to allow a petitioner to file a statement of certificate grounds to appeal his guilty plea, having made a diligent effort to preserve his appeal and having shown good cause for failure to timely file.

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Jones v. Wagner, No. E026412., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 8, 2001, Decided
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Overview: It was not a violation of any duty owed for one partner to acquire former partnership property at a foreclosure sale. Anyone, including a former partner, might bid at a foreclosure sale.

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Lantzy v. Centex Homes, A091838, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 8, 2001, Filed
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Overview: Where homeowners sued developers for defective windows and window systems, it was error to sustain developers' demurrer, since statute of limitations period was subject to equitable tolling during periods of repair.

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People v. Tillett, G025414, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 8, 2001, Filed
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Overview: Where members of the Crips street gang were convicted of string of crimes, including robbery at gun point, court erred in instructing the jury on both personal use and personal discharge of a gun for street gang enhancement.

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Romero v. Superior Court, No. D036580., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 8, 2001, Decided
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Overview: In tort action against supervising adult in which a teenage invitee assaulted another invitee, the special relationship assumed by inviting the child into the home was insufficient to impose a duty of care to protect the injured minor.

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San Bernardino Valley Audubon Soc'y v. Metro. Water Dist., No. E027043., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 8, 2001, Decided
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Overview: The trial court erred in failing to specifically require California Environmental Quality Act compliance for the relevant conservation plan.

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Fuller v. Dep't of Transp., No. E026784., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 11, 2001, Decided
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Overview: In a wrongful death action arising out of an automobile accident, the State of California was entitled to design immunity for the setting of the speed limit.

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Mason v. Office of Admin. Hearings, No. E027140., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 11, 2001, Decided
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Overview: Where statute defining developmental disability was somewhat unclear due to the use of imprecise language, the statute was not unconstitutionally vague when considered together with its implementing regulations.

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Presley Homes v. Am. States Ins. Co., No. G023182., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 11, 2001, Decided
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Overview: Insurer that agreed to pay part of defense costs of builder, an additional insured in subcontractors' policies, had duty to defend entire lawsuit. Endorsement limiting liability to subcontractors' work did not limit its duty to defend.

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