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   State Courts - California - June 19 - June 21, 2000

  
Bartold v. Glendale Fed. Bank, No. G020529, No. G021899., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 19, 2000, Decided
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Overview: Statute required lenders to record reconveyance of trust deed when plaintiffs refinanced. Trial court erred in refusing to certify class, not allowing discovery on class issues. Absent class action, lenders violated statute with impunity.

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City of Long Beach v. Farmers & Merchs. Bank, No. B130936., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 19, 2000, Decided
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Overview: At the summary judgment stage of a foreclosure action, defendants' oral requests for a ruling on written objections to plaintiff's evidence were sufficient to preserve the evidentiary objections for review on appeal.

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Galanty v. Paul Revere Life Insurance Co., No. S073678., SUPREME COURT OF CALIFORNIA, June 19, 2000, Decided
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Overview: Incontestability clause barred insurer from denying coverage for insured's disability, whether or not the causative sickness (AIDS) first manifested itself before the policy's date of issue.

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Northland Ins. Co. v. Briones, No. E024437., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 19, 2000, Decided
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Overview: Insurer had no duty to defend insured accused of sexual misconduct where policy terms stated that sexual abuse was not covered, and insured failed to provide extrinsic evidence to show a potential for coverage under homeowner's policy.

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People v. Hanson, No. S078689., SUPREME COURT OF CALIFORNIA, June 19, 2000, Decided
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Overview: Court found that increased restitution fine assessed against defendant by trial court on remand constituted a violation of state constitutional prohibition against double jeopardy.

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People v. Carr, No. G024951., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 20, 2000, Decided
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Overview: Voluntary intoxication was no defense to crime of cross burning; thus evidence of drinking was properly excluded. Victims' teenage son was not entitled to authorize the cross burning on his parent's property.

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Dimock v. Emerald Properties, No. D032454., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 21, 2000, Decided
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Overview: Because defendant prior trustee had no power to conduct foreclosure sale of plaintiff's property following a valid and bona fide substitution of trustee, its deed was void. Summary judgment was ordered in favor of plaintiff.

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