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State Courts -
California - August 1 - August 2, 2002
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Atl. Mut. Ins. Co. v. J. Lamb, Inc., No. B150674, B151708,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 1, 2002, Decided , August 1, 2002, Filed
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Overview: Excess insurers providing general liability coverage to a business were both responsible for the defense and settlement costs of a suit filed against the insured, who made disparaging remarks about a competitor's business.
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Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., No. A096928.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, August 1, 2002, Decided , August 1, 2002, Filed
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Overview: In the absence of factors establishing an abuse of discretion, the appellate court could not reverse the decision of the California Department of Alcoholic Beverage Control suspending a wine supplier's license.
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Liang v. Superior Court, No. B157292.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 1, 2002, Decided , August 1, 2002, Filed
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Overview: In a criminal case involving three co-defendants, the trial court was permitted to vacate one co-defendant's plea where his cohorts successfully set aside their pleas; the plea offer was conditioned on acceptance of all three pleas.
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People v. Superior Court, No. S099542.,
SUPREME COURT OF CALIFORNIA, August 1, 2002, Decided , August 1, 2002, Filed
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Overview: Upon relitigation of a suppression motion, the judge who heard the first motion remained available to hear the second motion on the same facts, notwithstanding a peremptory challenge.
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Wilson v. Parker, Covert & Chidester, No. S097444.,
SUPREME COURT OF CALIFORNIA, August 1, 2002, Decided , August 1, 2002, Filed
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Overview: A malicious prosecution suit could not proceed, where probable cause existed for bringing the underlying suit, as evidenced by the trial court's initial denial of a motion to strike the underlying complaint.
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Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., No. D039443.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 2, 2002, Decided , August 2, 2002, Filed
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Everest Investors 8 v. Whitehall Real Estate Partnership Xi, No. B150981.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 2, 2002, Decided , August 2, 2002, Filed
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Overview: Defendant, a nonfiduciary, was not liable for conspiring with a fiduciary to breach the fiduciary's duty to plaintiff, where defendant was not neither an employee nor an agent of the fiduciary.
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Pardee Construction Co. v. Superior Court, No. D039273.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 2, 2002, Decided , August 2, 2002, Filed
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Overview: Where numerous home buyers sued construction company for construction defects in homes, agreements signed by owners waived their rights to jury trials, and trial court denied company's motion for judicial referee, agreements were adhesive contracts.
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