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   State Courts - California - December 13 - December 15, 1999

  
Nicole M. v. Sears, No. H019268., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 13, 1999, Decided
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Overview: The store had no duty to prevent assault in a parking lot, since low lighting and overgrown bushes did not make the property inherently dangerous, and the assault was not reasonably anticipated since there were no prior similar incidents.

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People v. Dacayana, B122454, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, December 13, 1999, Filed
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Overview: Appellant's statements were admissible, though not preceded by Miranda regarding right to counsel, and information gleaned during therapy which has some bearing is admissible necessary to prevent the threatened danger.

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Senate of the Cal. v. Jones, No. S083194., SUPREME COURT OF CALIFORNIA, December 13, 1999, Decided
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Overview: The challenged measure violated the single-subject rule of the California Constitution because provisions of the initiative measure were not "reasonably germane" to a single subject, but embraced at least two separate, unrelated subjects.

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People v. Hove, No. E022305., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 14, 1999, Decided
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Overview: A restitution order in the full amount of medical expenses caused by defendant's criminal conduct was proper even though the victim himself did not suffer any economic loss.

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Estate of Brenner, No. B119255., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 15, 1999, Decided
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Overview: Photocopies of a testator's handwritten property dispositions, included in a handwritten will, satisfed the statutory requirement of a holographic will that the material provisions be in the handwriting of the testator.

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In re Arturo D., A085945, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, December 15, 1999, Filed
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Overview: Search of vehicle that found drug paraphernalia was unlawful because the search exceeded the scope of a search for registration documents.

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Iverson Yoakum Papiano & Hatch v. Berwald, B129174, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 15, 1999, Filed
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McGill v. M. J. Brock & Sons,Inc., E020452, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 15, 1999, Filed
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Overview: Plaintiffs' claims against defendant were not time barred; news reporting of highway project was not so pervasive that reasonable person would have been under duty to investigate project's potential impact on his property.

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Qualls v. Lake Berryessa Enters., Nos. A082385, A083003., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, December 15, 1999, Decided
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Overview: In dispute over placement of new mobile home at lake resort, plaintiffs were licensees rather than tenants under agreement with defendant resort, and plaintiffs could enforce license agreement via breach of contract action.

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