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   State Courts - California - May 11 - May 14, 2007

  
People v. Shadden, F048765, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 11, 2007, Filed
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Rossco Holdings, Inc. v. Bank of America, B189963, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 11, 2007, Filed
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Woodward Park Homeowners Assn., Inc. v. City of Fresno, F049481, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 11, 2007, Filed
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Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, B158840, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 14, 2007, Filed
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Overview: In consumer advocacy groups action alleging violations of Proposition 65 by hotels and retail establishments, group had served invalid notice under Cal. Code Regs., tit. 22, § 12903, on several of the defendants because it failed to specify the route of exposure; notice had to inform defendants and public prosecutor of nature of alleged violation.

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Loggins v. Kaiser Permanente Internat., D048404, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 14, 2007, Filed
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Overview: Employer was entitled to summary judgment on claims of retaliatory employment termination in violation of Gov. Code, § 12940, subd. (h), and wrongful employment termination in violation of public policy; the temporal proximity of a discrimination complaint and the adverse action did not, in itself, raise a triable issue of fact as to pretext.

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Nguyen v. Superior Court, G038475, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 14, 2007, Filed
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Overview: In a case involving an election contest over a seat on a county board of supervisors, the losing candidate's petition for a writ of mandate was denied because Elec. Code, § 16900, afforded the losing candidate a clear remedy by way of appeal.

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Padilla Construction Co., Inc. v. Transportation Ins. Co., G036451, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 14, 2007, Filed
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Overview: An umbrella insurer had no duty to defend a contractor in an action alleging continuous damage because an unexhausted primary policy provided other insurance. Although damage existed prior to the inception of the primary policy and there was harm not even potentially covered, the lone defending primary insurer had a duty to defend entirely.

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