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State Courts -
California - August 29, 2002
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Betterton v. Leichtling, No. A093197.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: In a medical malpractice case, the trial court's instructional error on informed consent was harmless, where there was no ground to conclude that a result more favorable to the patient was reasonably likely in the absence of the error.
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City of Cotati v. Cashman, No. S099999.,
SUPREME COURT OF CALIFORNIA, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: A city's state court action for declaratory relief regarding the constitutionality of a mobile home park ordinance, filed in response to a federal court declaratory relief action regarding the same ordinance, did not constitute a SLAPP suit.
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Deocampo v. Ahn, No. B147135.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: A trial court did not err in awarding a patient prejudgment interest in the patient's medical malpractice action because the patient obtained a better judgment at trial than the patient's offer to compromise with one of the physicians.
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Equilon Enterprises v. Consumer Cause, Inc., No. S094877.,
SUPREME COURT OF CALIFORNIA, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: Defendant, in order to obtain a dismissal of plaintiff's SLAPP suit, did not have to demonstrate that plaintiff's action was brought with the intent to chill defendant's exercise of constitutional speech or petition rights.
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La Costa Beach Homeowners' Assn. v. California Coastal Commission, No. B152304.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: There was no abuse of discretion by a state agency in deleting landowners' view corridor requirements in their beach construction permits because the agency found that the landowners' mitigation site offered a better benefit to the public.
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Navellier v. Sletten, No. S095000.,
SUPREME COURT OF CALIFORNIA, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: Where person and company sued trustee in federal court and then in state court, and trustee's motion to strike as SLAPP action was denied, as suit arose from statutorily protected activity, complaint was potentially subject to anti-SLAPP statute.
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Santa Monica Chamber of Commerce v. City of Santa Monica, No. B151761.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: City legislation creating large, residents-only, permit-required parking district was exempt from environmental impact report requirements of environmental quality act, as district did not cause any physical change in environment.
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Wilkison v. Wiederkehr, No. B152403.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 29, 2002, Decided , August 29, 2002, Filed
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Overview: An heir was not entitled to specific performance of an agreement to devise certain property, as the heir had an adequate legal remedy in an action for damages for breach of contract, which the heir lost by not filing a creditor's claim.
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