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   State Courts - California - July 21 - July 24, 2000

  
Dep't of Water & Power v. Superior Court, No. B140841., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 21, 2000, Decided
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Overview: Trial court abused its discretion by granting relief for party who failed to file timely claim against government entity under tort statute. With reasonable diligence, tort claim should have been timely filed.

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ECC Construction, Inc. v. Ganson, B132155, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 21, 2000, Filed
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Overview: Lienholder that sought to enforce blanket mechanic's lien over entire condominium complex lost the ability to enforce the lien against individual condominium owners where he failed to apportion the lien per owner.

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Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency, No. C029659. No. C031043., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 21, 2000, Decided
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Overview: A decision approving a redevelopment project proposed by the Town of Mammoth Lakes, California, was reversed because the redevelopment plan and accompanying environmental analysis failed to comply with governing law.

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McKown v. Wal-Mart Stores, Inc., E025572, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 21, 2000, Filed
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Overview: In personal injury suit brought by employee against store that hired independent contractor, store remained liable for its own negligent conduct, as well as its negligence for providing unsafe equipment.

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People v. Diaz, C025890, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 21, 2000, Filed
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Overview: The "three strikes" law and the "one strike" penal code provisions could be applied cumulatively. Since a special allegation kidnapping, contemporaneous with a charged rape, was not the charged strike, there was no dual use of the same offense.

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Conn. Indem. Co. v. Superior Court, No. S065841., SUPREME COURT OF CALIFORNIA, July 24, 2000, Decided
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Overview: City's subpoenas were valid since they were pertinent to legitimate legislative interests. The potential that information gained could be used in future litigation did not render subpoena invalid.

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Horton v. City of Oakland, No. A085460., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, July 24, 2000, Decided
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Overview: Because city ordinance authorizing civil forfeiture of vehicles used to solicit prostitution or to acquire drugs did not conflict with state statutes, ordinance was not preempted by state law.

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