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State Courts -
California - January 23, 2009
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Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co., G038645,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 23, 2009, Filed
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Overview: Because deficiencies in a responsive separate statement filed by two sureties in a supplier's payment bond action were substantive and were not merely curable procedural defects, the trial court did not abuse its discretion under Code Civ. Proc., ? 437c, subd. (b)(3), by denying a continuance to submit a revised responsive separate statement.
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People v. Byron, B188868,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 23, 2009, Filed
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Overview: In a domestic violence trial, any Crawford error was harmless because victim statements that were arguably improper under U.S. Const., 6th Amend., proved the same facts as properly admitted nontestimonial statements (a 911 recording and a statement to an officer at the scene); those facts included that defendant choked, punched, and bit the victim.
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People v. Cates, A121037,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 23, 2009, Filed
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Overview: Because defendant's former girlfriend was the victim of his violent assault, it was proper for the trial court to modify defendant's probation pursuant to Pen. Code, ? 1203.097, subd. (a)(6), by requiring him to participate in a batterer's counseling program, even though defendant was performing satisfactorily at the time of the modification.
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People v. Williams, E042038,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 23, 2009, Filed
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Overview: It was under Evid. Code, ? 352, to admit cumulative gang evidence involving defendant and fellow gang members because evidence of prior arrests that did not result in convictions was inadmissible either as proof of guilt or for impeachment; however, the error was harmless because the case against defendant was overwhelming.
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Pro Value Properties, Inc. v. Quality Loan Service Corp., B204853,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 23, 2009, Filed
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Overview: After a failure to record a substitution of trustee pursuant to Civ. Code, ? 2934a, resulted in a void nonjudicial foreclosure sale, the buyer was entitled to the return of the purchase price with seven percent interest as specified in Cal. Const., art. XV, ? 1; it was error to apply the interest rate for breach of contract under Civ. Code, ? 3289.
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