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State Courts -
California - May 30, 2008
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Campagnone v. Enjoyable Pools & Spas Service & Repairs, Inc., C055050,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 30, 2008, Filed
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Overview: Although an excess insurer for a manufacturer and vendor failed to appear at a court-ordered appellate mediation session in a products liability action, the court declined to impose sanctions for this violation of Ct. App., Third Dist., Local Rules, rule 1(d), because the rule did not explicitly require notification of the excess insurer.
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Lien v. Lucky United Properties Investment, Inc., A117110,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, May 30, 2008, Filed
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Overview: There was no merit to appellants' claim that trial court erred in refusing to issue a statement of decision supporting its order granting respondent's Code Civ. Proc., ? 425.16, anti-SLAPP motion because a statement of decision was not required for an order on a motion; they also failed to explain why the order issued by trial court was inadequate.
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Premier Medical Management Systems, Inc. v. California Ins. Guarantee Assn., B195889,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 30, 2008, Filed
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Overview: Where appellants did not file any declarations in support of their opposition to respondents' Code Civ. Proc., ? 425.16, subd. (c), fee motions, appellants provided no evidence to contradict description of division of labor among respondents or collaboration on preparation of trial court and appellate pleadings relating to special motion to strike.
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Stone v. Center Trust Retail Properties, Inc., B181180,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 30, 2008, Filed
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Overview: In a personal injury case brought by invitee against landlord and its defaulting tenant, landlord had a duty to inspect the premises during proceedings in which it sought to evict tenant. Despite knowing of restaurant's lease violations and awareness of possible neglect of the physical condition of premises, landlord did not inspect its property.
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U.S. Western Falun Dafa Assn. v. Chinese Chamber of Commerce, A115535, A116307,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, May 30, 2008, Filed
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Overview: Under Code Civ. Proc., ? 425.16, a group had no probability of prevailing on its Unruh Act claim against a chamber of commerce that denied group's application to participate in chamber-sponsored events because each of the events was expressive and chamber was entitled to exclude as participants those who wished to express discordant views.
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