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State Courts -
California - May 4, 2007
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El Dorado Meat Co. v. Yosemite Meat & Locker Service, Inc., F049334,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 4, 2007, Filed
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Overview: After a defense judgment in an illegal business practices case, the trial court did not err in awarding a large amount of costs for preparation of exhibits because the presentation of several years' worth of business data and the labor to create the exhibits were reasonably necessary within the meaning of Code Civ. Proc., § 1033.5, subd. (c)(2).
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Hollywood Screentest of America, Inc. v. NBC Universal, Inc., B187256,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 4, 2007, Filed
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Overview: In a case in which plaintiffs sued a broadcaster for, inter alia, misappropriation of property, none of plaintiffs' causes of action could survive a motion for summary judgment, where the broadcaster presented undisputed evidence of independent creation, thus preventing a finding that the broadcaster used plaintiffs' ideas.
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Orr v. City of Stockton, C050196,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 4, 2007, Filed
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Overview: As filing of petition to preserve evidence under Code Civ. Proc., § 2035.010 et seq., did not constitute filing of a suit for purposes of satisfying Gov. Code, § 945.6, subd. (a)(1)s statute of limitations, plaintiff's action against city was time-barred; he failed to file suit within limitations period following notice of his claim's rejection.
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People v. Ranger Ins. Co., G036803,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 4, 2007, Filed
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Overview: Trial court did not abuse its discretion in denying a surety's motion to extend the 180-day exoneration period under Pen. Code, §§ 1305, 1305.4, because the surety made only minimal efforts to locate the defendant; the surety obtained a probable address in Mexico but did nothing more to investigate until after the exoneration period expired.
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