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   State Courts - California - January 22 - January 25, 2010

  
Diquisto v. County of Santa Clara, H032345, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 22, 2010, Filed
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Overview: County did not expend public funds to promote a partisan position in an election campaign in violation of Stanson v. Mott when it bargained for unions' nonsupport of a ballot measure. County supervisor's e-mail concerning the initiative also did not violate Stanson. Substantial evidence supported determination that e-mail's text was informational.

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People v. Moret, A123591, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 22, 2010, Filed
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Lexin v. Superior Court, S157341, SUPREME COURT OF CALIFORNIA, January 25, 2010, Filed
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Overview: Public services exception in Gov. Code, ? 1091.5, subd. (a)(3), applied to five of six municipal retirement board trustees who, while employed by the city, voted to increase pension benefits; the five trustees did not violate Gov. Code, ? 1090, because they received the same benefits as other employees, but the sixth trustee got a unique benefit.

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People v. Powell, C057847, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 25, 2010, Filed
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Overview: There was insufficient evidence to support defendant's hit and run conviction because defendant's car was parked and no longer being driven when the injury-producing event occurred. Defendant's departure from the scene before the accident occurred broke the connection between the driving and the resulting injury.

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People v. Robinson, S158528, SUPREME COURT OF CALIFORNIA, January 25, 2010, Filed
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Overview: Felony sex offenses were timely prosecuted under Pen. Code, ? 804, subd. (d), because a warrant describing defendant by his unique 13-loci DNA (deoxyribonucleic acid) profile was issued three days before the statute of limitations would have expired. An unknown suspect's unique DNA profile satisfied the particularity requirement for arrest warrant.

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Stein v. York, G040457, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 25, 2010, Filed
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Overview: Where a client's complaint against her attorney did not specify the amount of damages sought, it could not support a default judgment in any amount under Code Civ. Proc., ? 580. Thus, a trial court erred in awarding the client $ 2.65 million, and the judgment was void and had to be vacated.

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