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State Courts -
California - July 26, 2002
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Groves v. Peterson, No. B152404.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 26, 2002, Decided , July 26, 2002, Filed
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Overview: Judgment debtor's independent action in equity to set aside default and default judgment was not collaterally estopped by denial of motion in underlying action raising same grounds because motion did not provide opportunity to fully litigate issue.
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People v. Muszynski, No. H021243.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 26, 2002, Decided , July 26, 2002, Filed
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Overview: As apartment was not considered a building for purposes of the aggravated arson statute, but because defendant did cause great bodily injury, defendant's aggravated arson conviction was reduced to simple arson causing such injury.
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Stoops v. Abbassi, No. B144337.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 26, 2002, Decided , July 26, 2002, Filed
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Overview: As only a trust fund board had the authority to collect unpaid assessments, and this right was ultimately transferred to a receiver, one trust fund member was not entitled to pursue such assessments against other members directly.
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Walker v. San Francisco Housing Authority, No. A095476.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 26, 2002, Decided , July 26, 2002, Filed
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Overview: Default judgment and the order denying the employer's motion to set aside the default judgment were upheld, as the commissioner had jurisdiction to impose discovery sanctions and hear any motions that challenged its order.
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