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State Courts -
California - June 26, 2002
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Blue v. Bonta, No. A096577.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Where legislature authorized coverage for durable medical equipment, Department lacked authority to restrict scope of that coverage by its new emergency regulation, and Department was obligated to provide coverage for stair lift.
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Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., No. E030224.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Certain erotic dancing violated a regulation that prohibited such dancing in places that served liquor. This did not offend constitutional principles, as other reasonable avenues for such communication were available elsewhere.
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Garcia v. Rehrig Internat., Inc., No. C037622.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: In a second negligence suit based on the same incident, the trial court should not have granted the minor's motion for new trial, as there was privity between the parties, and any error in the company's closing argument was harmless error.
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Gentry v. Ebay, Inc., No. D037661.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: An interactive service provider was immunized from suit for failing to furnish a certificate of authenticity to persons who purchased autographed sports-related collectibles through its web site.
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Golden Eagle Ins. Co. v. Insurance Co. of the West, No. D038580.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: As all three insurers assumed risk related to insured, indemnitor, in connection with its indemnity agreements, all three insurers were liable for attorney fees and costs of indemnitee.
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Heidary v. Yadollahi, No. G026035.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Default judgment entered against certain individuals was void, as trial court had no power to enter judgment against them for failing to appear at trial, of which they had no notice.
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In re Daniel H., No. E030881.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Termination of the mother's parental rights was affirmed because the issues that the mother raised on appeal all involved sibling visitation and the mother did not have standing to raise the issues because they did not involve her parental rights.
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In re Walton, No. B153201.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 26, 2002, Decided , June 26, 2002, Filed
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Overview: Although petitioner was ill and more than 25 years passed since State tried to extradite him, petitioner's health was irrelevant to State's right to extradition, as there were no special circumstances that challenged that right.
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