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California Civil Procedure
California Appellate Court
Case Summaries
 April 13, 2004

California Appellate Court
Case Law Case Summaries: April 09, 2004
2004/04/14 Wed AM 11:54:19 CDT

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TABLE OF CONTENTS

GOVERNMENT LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, SECURITIES LAW
* FONG v. WESTLY

BANKING LAW, COMMERCIAL LAW, UNIFORM COMMERCIAL CODE
* CHATSKY & ASSOCS. v. SUPERIOR COURT OF SAN DIEGO COUNTY (BANK OF
AM. CORP.)

CIVIL PROCEDURE, HEALTH LAW
* CONSERVATORSHIP OF THE PERS. OF MARTHA P.

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California Appellate Districts
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GOVERNMENT LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, SECURITIES LAW
FONG v. WESTLY, No C042007 (Cal. 3d App. Dist. April 12, 2004)
Plaintiffs have recovered the full amount allowed for their Berkshire
Hathaway shares, sold by the State in 1990 per the Unclaimed Property
Law, and cannot sue the Controller for damages. The escheat did not
constitute a taking and due process did not require the Controller to
give notice to plaintiffs beyond what they had already received
constructively.

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BANKING LAW, COMMERCIAL LAW, UNIFORM COMMERCIAL CODE
CHATSKY & ASSOCS. v. SUPERIOR COURT OF SAN DIEGO COUNTY (BANK OF AM.
CORP.), No D043096 (Cal. 4th App. Dist. April 12, 2004)
The one-year limitations period of Code of Civil Procedure section
340(c), rather than the three-year limitations period of California
Uniform Commercial Code section 4111, applies to claims by depositors
against their bank for payment of forged checks written on the
depositors' accounts.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/d043096.pdf

CIVIL PROCEDURE, HEALTH LAW
CONSERVATORSHIP OF THE PERS. OF MARTHA P., No D042175 (Cal. 4th App.
Dist. April 12, 2004)
The voluntary dismissal provision of Code of Civil Procedure section
581(b)(1) may be utilized by the Office of the Public Conservator to
dismiss or withdraw a petition for the reestablishment of a
Lanterman-Petris-Short Act conservatorship.

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http://caselaw.lp.findlaw.com/data2/californiastatecases/d042175.pdf

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