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   State Courts - California - June 29, 2001

  
Adelman v. Associated Internat. Ins. Co., No. B130210., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: Insurer of homeowners' association was not liable to individual condominium owners for the negligent failure to repair the common areas of the project following earthquake damage; no special relationship was demonstrated.

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Chateau Chamberay Homeowners Ass'n v. Associated Internat. Ins. Co., No. B137320., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: Where homeowners association was underpaid for earthquake loss claim and sued insurer for breach of contract and bad faith, there was genuine dispute as to amount of loss, and insurer could not be found liable in bad faith.

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Conservatorship of Ramirez, No. B145896., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 29, 2001, Decided
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Overview: The probate court erred prejudicially in appointing respondents as the permanent conservators of an incompetent's estate; there was no evidence that appellant ever did anything but take good care of the incompetent.

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Holmes v. Cal. Nat. Guard, No. A083451, No. A085180., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: State national guard's "don't ask, don't tell" policy violated plaintiff's rights under state constitution, but ruling was limited to employment and service in state active duty positions not requiring federal recognition.

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In re Marriage of Copeman, No. A091020., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: Laches applied to action for over 10 years of child support arrearages. Delay due to mother's "passive personality," desire to avoid conflict, and ignorance of assistance was unreasonable, and father was unduly prejudiced thereby.

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People v. Gibson, No. B141781., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: Where madam was convicted of pimping, warrant's information was not stale; madam was not denied due process as to jury instruction; and no lesser-included offense instruction on aiding and abetting prostitution was needed.

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Santa Ana Unified Schoold Dist. v. Orange County Dev. Agency, No. G027331., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 29, 2001, Decided
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Overview: Summary judgment ordering county and development agency to pay certain property tax revenues to school district was proper because allocation and payment of such funds was mandatory, making school district's election automatic.

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