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   State Courts - California - August 30 - September 1, 2000

  
Burbank-Glendale-Pasadena Airport Auth. v. Hensler, No. B125401., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 30, 2000, Decided
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Overview: Through a joint powers agreement, joint cities, Burbank, Glendale, and Pasadena, California, were permitted to delegate their eminent domain power to a joint powers authority for the ownership and operation of an airport.

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Rothschild v. Tyco Internat. (us), No. D034567., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 30, 2000, Decided
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Overview: Dismissal of appellant's action for violations of the unfair competition law was reversed because the bar on related actions applied only to subsequent qui tam actions filed under the false claims act.

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Sonora Diamond Corp. v. Superior Court, No. F034780., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 30, 2000, Decided
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Overview: Mere ownership of a subsidiary by a foreign parent corporation, without more, could not establish a basis for the exercise of personal jurisdiction over the parent corporation in the forum.

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United Food & Commercial Workers Union v. Superior Court, No. B139562. No. B139686., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 30, 2000, Decided
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Overview: The store, the real party in interest, was not entitled to an injunction, since it failed to show that the law enforcement officers were unable or unwilling to provide adequate protection from petitioner unions' picketing.

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Welch v. Cal., No. F033421., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 30, 2000, Decided
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Overview: Appellant did not have standing to prosecute the wrongful death action, because a reasonable person in appellant's position would not have believed she was decedent's putative spouse.

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Cal. v. Superior Court, No. B140709., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 31, 2000, Decided
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Overview: State's demurrer was granted: tobacco litigation claim was a direct statutory action, not an action on statutory assignments given by Medi-Cal beneficiaries. Beneficiaries were not entitled to excess money from settlement.

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Collection Bureau of San Jose v. Rumsey, No. S079190., SUPREME COURT OF CALIFORNIA, August 31, 2000, Decided
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Overview: Action by collection agency against surviving spouse for hospital expenses was governed by one-year limitations period; spouse was not liable for "necessaries of life" under family code, and four-year period did not apply.

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In re Laura F., No. F034368., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 31, 2000, Decided
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Overview: Indian Child Welfare Act's (ICWA) full faith and credit provision did not empower tribe to control outcome of state juvenile proceedings, especially when tribe, although it could have done so, did not exercise its jurisdiction under ICWA.

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People v. Farell, H019633, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 31, 2000, Filed
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Overview: Statute mandating minimum jail sentence as a condition of probation for a defendant convicted of a felony for theft of an amount exceeding $ 50,000 was ambiguous and could not have been applied to the offense of trade secret theft.

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People v. Wutzke, D033221, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, September 1, 2000, Filed
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Overview: In a child molestation case, the trial court mistakenly concluded that appellant was ineligible for probation as a matter of law. Appellant was a relative of the victims, and therefore fully eligible for probation.

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