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State Courts -
California - June 28, 2002
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American Buildings Co. v. Bay Commercial Construction, Inc., No. C039375.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Summary judgment on action to recover on a payment bond for materials supplied to a bankrupt sub-contractor was affirmed when relief was not barred by partial compliance with preliminary 20-day notice requirement.
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Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd., No. D039227.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Revocation of the corporation's liquor license was upheld because the corporation did not have to be represented by counsel in an administrative proceeding and the license revocation was supported by substantial evidence.
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Carroll v. Interstate Brands Corp., No. A094472.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Where attorney filed notice of lien for attorney fees in relation to his work on employment discrimination suit, trial court lacked jurisdiction to assess validity of lien and had no power to extinguish lien or to expunge notice of lien.
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County of Orange v. Rosales, No. G029235.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Dismissal of county's default judgment for reimbursement of welfare monies was affirmed when support obligation terminated as a matter of law when his parental rights were terminated and the case was not timely brought.
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Hecker v. Nathanson, No. B145530.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: The bankruptcy court's allowance of a breach of lease claim between a landlord and his tenant-debtors was res judicata for purposes of a pending state court action on the same issue.
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In re Brandon H., No. A094463.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Trial court erred in refusing to consider defendant's motion to withdraw his plea to burglary petition, after juvenile trial court acquired jurisdiction in transfer from neighboring county's juvenile court, where plea was made.
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Mattel, Inc. v. Luce, Forward, Hamilton & Scripps, No. B151826.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Federal patent law did not preempt the company's suit for malicious prosecution because it was not a claim arising under the federal copyright laws, and the motion to strike was properly denied because the company proved a prima facie case.
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McElroy v. California, No. G028063.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: Summary judgment for state and state patrol against city policemen who sued over negligence from a crash with their unmarked police car was upheld. State officers had liability immunity under "firefighter's rule" regarding joint police action.
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Muao v. Grosvenor Properties, Ltd., No. A095772.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: The employee's appeal from an order compelling arbitration of a claim for wrongful termination was dismissed as premature because an order compelling arbitration was not appealable under California law.
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Romo v. Ford Motor Co., No. F034241.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 28, 2002, Decided , June 28, 2002, Filed
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Overview: In a products liability suit where the manufacturer of a utility vehicle was sued after the vehicle rolled in an accident, a $ 290 million punitive damages award was affirmed on appeal.
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