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   State Courts - California - June 13 - June 14, 2000

  
Lindstrom v. Hertz Corp., No. B128724., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 13, 2000, Decided
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Overview: Rental agency was not liable for an accident caused by the driver of a leased car, because the agency's duty of care was limited to determining whether the lessee had a valid driver's license.

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Pac. Bell v. City of San Diego, No. D033640., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 13, 2000, Decided
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Overview: In an inverse condemnation action, as a public entity, the City of San Diego was strictly liable for damages resulting from a pipe burst that damaged a local telephone company's property.

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People v. Ranger Ins. Co., Nos. B128613, B129250., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, June 13, 2000, Decided
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Overview: Surety's declaration that it had located suspect's address in Mexico was insufficient for good cause to extend time to exonerate bond for another 180 days; should have explained efforts to locate him and why they were unsuccessful.

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Plaza Freeway v. First Mt. Bank, No. E025404., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 13, 2000, Decided
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Overview: Defendant was estopped from contradicting termination date set forth in estoppel certificate. Estoppel certificate was a written instrument, and trial court erred by ruling that defendant was not guilty of unlawful detainer.

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Tahoe Vista Concerned Citizens v. County of Placer, No. C032876., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 13, 2000, Decided
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Overview: In an action challenging the issuance of a conditional use permit, the exhaustion doctrine prevented plaintiffs who failed to raise an issue in an administrative appeal from raising that issue in a subsequent court challenge.

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Fraley v. Allstate Ins. Co., No. D032817., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 14, 2000, Decided
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Overview: The insurance policy required insureds to comply with the 180-day period for full replacement costs benefits; insurer did not misrepresent the terms of the policy, and insureds' claims were barred as a matter of law.

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Geneva Towers Partnership v. City and County of San Francisco, A088355, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 14, 2000, Filed
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Overview: An action for recovery of excess taxes was barred by the statute of limitations, because suit was not commenced within four years of accrual.

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People v. Velasquez, B135939, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 14, 2000, Filed
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Overview: A criminal appeal was dismissed because a judgment of conviction entered on a defendant's plea of guilty was not a conviction warranting relief on appeal.

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