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State Courts -
California - April 30 - May 1, 2007
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County of Orange v. Barratt American, Inc., G035627,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 30, 2007, Filed
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Overview: Pursuant to Gov. Code, § 66016, subd. (a), a county that had collected more in fees for building inspections and construction plan checks than the cost of performing the services could use its surplus fee revenue to cover the reasonable and necessary costs of the services, rather than lowering the fees until the entire surplus was dissipated.
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Huong Que, Inc. v. Luu, H029713,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 30, 2007, Filed
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Overview: Noncompetition clause that prohibited sellers of a small business, who stayed on as managers, from competing with the buyers as an owner did not vitiate the duty of loyalty; thus, preliminary injunctive relief was properly granted to the buyers in an action alleging that the sellers had breached their duty of loyalty by misusing a customer list.
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PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, B189856,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 30, 2007, Filed
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Overview: Plaintiffs raised triable issue of fact regarding law firm's vicarious liability for its attorney's alleged acts, where reasonable jury could conclude that attorney participated in removing money from client's residence in an effort to help client post bail and to ensure that firm's fees were paid or at least indirectly to serve firm's interests.
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Ramalingam v. Thompson, H030097,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 30, 2007, Filed
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Overview: Litigation privilege of Civ. Code, § 47, subd. (b)(2), barred a claim for accounting malpractice arising from a neutral expert's review of community property and support issues in a marital dissolution action; because the gravamen of the complaint was the communicative conduct of stating an opinion, related noncommunicative conduct was protected.
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In re Calvin S., C051191,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 1, 2007, Filed
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Overview: Fourth Amendment did not preclude collection of DNA samples in accordance with Pen. Code, § 296, subd. (a)(1), from defendant juvenile, who had been adjudicated under Welf. & Inst. Code, § 602, for committing a felony.
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