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State Courts -
California - June 4 - June 5, 2007
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People v. $20,110 United States Currency, No. B191821,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 4, 2007, Filed
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Overview: A judgment of forfeiture regarding $ 20,110 in currency found during execution of a search warrant in defendant's residence was improper under Health & Saf. Code, § 11488.4, subd. (i)(3), where the judgment indicated that the underlying criminal proceedings were ongoing and had not yet resulted in a conviction.
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Zengen, Inc. v. Comerica Bank, S142947,
SUPREME COURT OF CALIFORNIA, June 4, 2007, Filed
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Overview: Banking customer arguably did more than just inform bank under Cal. U. Com. Code, § 11505, that it objected to payments orders, where customer's CEO told bank official that he had not authorized the payment orders, and CEO testified that, at some uncertain time, he and bank official had engaged in a very general discussion about bank being sued.
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Dina v. People ex rel. Dept. of Transportation, B190432,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, June 5, 2007, Filed
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Overview: Summary dismissal of an inverse condemnation action by means of Code Civ. Proc., § 1260.040, was proper because the owners' evidence was insufficient; § 1260.040 permitted either party to move for a ruling on a legal issue affecting the determination of compensation, and the application for an order to dismiss was such a motion.
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