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State Courts -
California - January 10, 2008
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In re Kenneth J., A116504,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 10, 2008, Filed
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Overview: Because a minor did not admit each allegation contained in the delinquency petition and waive time for pronouncement of judgment under Welf. & Inst. Code, § 791, subd. (a)(3), he effectively rejected deferred entry of judgment (DEJ), and the juvenile court did not err in not holding a DEJ hearing under § 791 and Cal. Rules of Court, rule 5.800.
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Levin v. United Airlines, B160939,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 10, 2008, Filed
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Overview: Because the crime of making a bomb threat to airport personnel as described in Pen. Code, § 148.1, subd. (a), was a general intent crime, the jury instructions in a false arrest lawsuit arising from an arrest under § 148.1, subd. (a), did not have to include intent as a factor in the determination of whether there was probable cause to arrest.
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McGarry v. Sax, C045727,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 10, 2008, Filed
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Overview: In a case brought against a skateboard store by a spectator who was injured in a melee when, following a performance by professional skateboarders, one of the performers tossed a skateboard into a large crowd of people, the spectator among them, all vying for the prize, the doctrine of primary assumption of the risk barred the spectator's claim.
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People ex rel. Gallegos v. The Pacific Lumber Co., A112028,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 10, 2008, Filed
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Overview: Litigation privilege under Civ. Code, § 47, subd. (b), barred an action brought by the State against lumber company in which the State alleged company violated the UCL by submitting a report containing false data in order to obtain approval for an increased rate of timber harvesting and to ensure decreased environmental mitigation requirements.
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