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   State Courts - California - July 16 - July 17, 2001

  
Cal. State Univ., Fresno Ass'n v. Superior Court, No. F037383, No. F037418., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 16, 2001, Decided
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Overview: Information about licensees who bought luxury boxes in state university's arena was public information under Public Records Act. However, university's auxiliary association was not state agency, thus it was not subject to disclosure laws.

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Deauville Rest. v. Superior Court, No. B148105., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 16, 2001, Decided
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Overview: Superior court erred in rejecting a second application for a writ of attachment where the second application was a renewed motion, rather than a motion for reconsideration, because it was based on new evidence and new circumstances.

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People v. Catlin, No. S016718., SUPREME COURT OF CALIFORNIA, July 16, 2001, Decided
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Overview: Defendant's conviction, and death sentence, for murdering his wife and mother, by poison and for financial gain, were affirmed; evidence of uncharged poisoning of another wife for financial gain was admissible in penalty phase.

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People v. Morgan, C030469, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 16, 2001, Filed
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Overview: Counsel's failure to investigate critical facts as to whether defendant's prior convictions complied with California Three Strikes law undermined judicial confidence in the outcome of the plea bargain.

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People v. Salas, B141709, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 16, 2001, Filed
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Porter v. United Servs. Auto. Ass'n, No. B145178., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 16, 2001, Decided
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Overview: Trial court's order denying insured's petition to compel arbitration in California, but directing arbitration in New Jersey, was appealable under statute as an order denying a petition to compel arbitration.

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Haskett v. Villas at Desert Falls, No. D033915., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 17, 2001, Decided
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Overview: Trustee could only be personally liable for attorney fees and costs from dismissal of underlying action if defendants in that case could show intentional or negligent conduct. Since they failed to carry burden, trustee was not held liable.

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N. 7th St. Assocs. v. Constante, No. BV22892, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, July 17, 2001, Decided
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Overview: In unlawful detainer action, trial court erred in granting lessor's motion to amend complaint before trial, where the amendment was not based upon the same general set of facts alleged in the original complaint.

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Payne v. National Collection Systems, Inc., B135352, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 17, 2001, Filed
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