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State Courts -
California - September 9 - September 11, 2002
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Gutkin v. University of Southern California, No. B152707.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, September 9, 2002, Decided , September 9, 2002, Filed
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Overview: Where university terminated tenured professor for "serious neglect of duty," the professor's exclusive judicial remedy as to those claims was administrative mandamus, as conduct underlying tort claims was confined to the employment relationship.
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Roulier v. Cannondale, No. B145607.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, September 9, 2002, Decided , September 9, 2002, Filed
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Overview: The trial court did not abuse its discretion in its original holding that the balance of private and public factors favored trial in California rather than Switzerland.
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Rubin v. City of Burbank, No. B148288.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, September 9, 2002, Decided , September 9, 2002, Filed
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Overview: Invocation given at city council meeting ending with "in the name of Jesus Christ" violated Establishment Clause because it conveyed the message that the council was a Christian body and that it was advancing Christianity over other religions.
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Severns v. Union Pacific Railroad Co., No. B150284.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, September 9, 2002, Decided , September 9, 2002, Filed
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Overview: A landowner's quiet title action against a railroad was barred for the landowner's failure to comply with the California Marketable Record Title Act; the landowner or his predecessors in interest failed to timely record their future interest.
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Carretti v. Italpast, No. G028293.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, September 10, 2002, Decided , September 10, 2002, Filed
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Overview: Trial court properly granted manufacturer's motion to quash service of a summons; distributor, who filed a cross-complaint, did not meet his burden to show the minimum contacts to establish either general jurisdiction or specific jurisdiction.
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People v. Gnass, No. F036655.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, September 10, 2002, Decided , September 10, 2002, Filed
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Overview: Due to jury confusion, the court properly dismissed an indictment charging a city attorney with having a financial interest in 10 contracts he made in his official capacity.
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Arviv Enters. v. South Valley Area Planning Com., No. B156529.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, September 11, 2002, Decided , September 11, 2002, Filed
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Overview: The cumulative effects from a development project for 21 hillside houses required an environmental review of the project as a whole.
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