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   State Courts - California - July 10 - July 11, 2001

  
Aicco, Inc. v. Ins. Co. of N. Am., No. A092096., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, July 10, 2001, Decided
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Overview: Demurrer to unfair competition claims was abuse of discretion; insurer had transferred policy obligations to new division of parent company and disclaimed responsibility without policyholders' consent, and sent deceptive notices.

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Cwynar v. City, No. A089841., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 10, 2001, Decided
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Overview: On review of an order sustaining a demurrer to a takings claim, the appellate court determined that sufficient facts existed to support plaintiffs'' claim that a city ordinance was a taking of their property without just compensation.

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Musser v. Provencher, A088934, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 10, 2001, Filed
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Overview: In a legal malpractice case against co-counsel, attorney's settlement with client did not bar her from seeking equitable indemnity from her co-counsel.

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Presley Homes, Inc. v. American States Ins. Co., G023182, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 10, 2001, Filed
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Finnegan v. Schrader, Nos. A088188, A089476., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 11, 2001, Decided
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Overview: Where a state employee's appointment violated state conflict-of-interest law he was required to disgorge all compensation he received under his employment contract.

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In re Lance V., No. F037282., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 11, 2001, Decided
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Overview: Order changing mother's visitation was stricken where hearing was held to solve mediation issues regarding visitation. Mother had no notice that visitation would change, and no opportunity to refute unsworn assertions or present evidence.

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In re Marriage of Duncan, No. D033482., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 11, 2001, Decided
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Overview: Valuation of capitol investment business as of date of parties' separation was proper where overwhelming evidence showed husband was largely responsible for success of business.

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Prof'l Eng'rs in Cal. Gov't v. State Pers. Bd., No. C028402., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 11, 2001, Decided
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Overview: Program to promote state workers as "career executives" was constitutional in general, but regulations that did not require "competitive," i.e., ranked, examinations for appointments or transfers exceeded statutory authority.

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State Farm Fire & Casualty Co. v. Pietak, No. C028694., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 11, 2001, Decided
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Overview: In an insurance action, as insured's counsel was misinformed by an erroneous point of law, insured was entitled to relief from the consequences of a dismissal.

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