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   State Courts - California - January 24 - January 25, 2001

  
Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach, No. B138557., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 24, 2001, Decided
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Overview: Voter-adopted proposition applied to real party in interest's oil-drilling project, and application of proposition to the project was a valid exercise of city's police power that did not constitute an unconstitutional impairment of contract.

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People v. Lozano, F032226, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 24, 2001, Filed
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Overview: Sentence enhancement for intent to promote criminal conduct by gang members, plus sentence for conviction of firearm possession while promoting criminal conduct by gang members, were double punishment, so two-year enhancement was stayed.

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People v. Luera, No. B134479., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 24, 2001, Decided
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Overview: Conviction for possession of child pornography affirmed; statute was not unconstitutionally vague and did not violate right to privacy; evidence of possession was sufficient, and informant's identity did not need to be divulged.

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People v. McPherson, No. B135960., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 24, 2001, Decided
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Overview: Appellant's sentence was upheld because each act of rape by a different person was a crime committed on a separate occasion, and for sentencing purposes there was no distinction between the rapist and the person aiding and abetting the rape.

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Sites v. Superior Court, A092451, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 24, 2001, Filed
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Overview: Following a decision of the appellate division of the superior court, petitioners failed to demonstrate that transfer to the court of appeal was necessary to settle important questions of law.

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Spanish Speaking Citizens' Foundation, Inc. v. Low, A084024, A085376, A085713, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 25, 2001, Filed
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Washington Mutual Bank v. Superior Court, No. S070418., SUPREME COURT OF CALIFORNIA, January 25, 2001, Decided
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Overview: Nationwide class certification of action against bank was reversed; trial court should not have granted certification without first determining the effect of the choice-of-law agreements at issue.

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Wilshire Ins. Co. v. Tuff Boy Holding, No. C034291., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 25, 2001, Decided
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Overview: Any party to an action in which it was alleged that two or more parties were joint tortfeasors was entitled to a hearing on the issue of the good faith of a settlement entered into by a plaintiff and one or more alleged tortfeasors.

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