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   State Courts - California - January 20 - January 24, 2000

  
People v. Anderson, G021627, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 20, 2000, Filed
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People v. Watson, No. S078207., SUPREME COURT OF CALIFORNIA, January 20, 2000, Decided
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Overview: The trial court's refusal to instruct the jury on entrapment was proper, defendant did not present evidence of personal contact between the police and himself, and police presented the opportunity to take the car to the general community.

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People v. Young, No. C030480., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 20, 2000, Decided
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Overview: Defendant's challenge to the maximum sentence that was part of his plea bargain was an attack on the validity of his plea, which therefore required a certificate of probable cause to proceed, so appeal was dismissed.

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Woodward Park Homeowners Ass'n v. Garreks, No. F032200., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 20, 2000, Decided
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Overview: Where developers constructed project in face of litigation, delaying preparation of court-ordered Environmental Impact Report pending appeal, and on appeal argued case was moot, court found it was not moot and ordered EIR.

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People v. Roundtree, No. A083712., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 21, 2000, Decided
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Overview: Trial court correctly instructed jury on rape in the language of rape statute, and trial court emphasized that all of the elements of rape had to be present in order to make a finding of rape.

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Robison v. City of Manteca, No. C031652., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 21, 2000, Decided
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Overview: Plaintiff was fired for failure to comply with a recovery agreement. Allegation he was coerced to sign it, in the absence of additional factual allegations, was inadequate to establish undue influence or unconscionability.

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First Nationwide Bank v. Mt. Cascade, No. A085802., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 24, 2000, Decided
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Overview: Where respondents waited until after rendition of underlying judgment to assert theory they were entitled to recover expert witness fees under contractual provision, they were not entitled to such fees.

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People v. Phillips, No. S025880., SUPREME COURT OF CALIFORNIA, January 24, 2000, Decided
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Overview: Defendant's death penalty sentence affirmed where juror was properly dismissed for cause due to equivocal and conflicting statements and spontaneous hearsay properly as not made by an observer of the event.

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Ruiz v. Dep't of Corr., No. F027340., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 24, 2000, Decided
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Overview: In discrimination suit against government agency, judgment on the pleadings was reversed, where plaintiff exhausted administrative remedies upon receipt of "right to sue" letter from Department of Fair Employment and Housing.

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