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   State Courts - California - January 29, 2001

  
C.J.A. Corp. v. Trans-Action Fin. Corp., No. A086348., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 29, 2001, Decided
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Overview: Upon non-payment of a secured loan, once bank elected its remedy of judicial foreclosure, it was barred from seeking to change remedies after judgment.

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Hessians Motorcycle Club v. J.C. Flanagans, No. G022832., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 29, 2001, Decided
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Overview: Bar that denied admittance to motorcycle club members when they refused to comply with bar's policy requiring them to remove their "colors" before entering did not violate members' rights under the Unruh Civil Rights Act.

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In re Marriage of Slayton & Biggums-Slayton, No. E027176., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 29, 2001, Decided
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Overview: Ex parte award of child custody to father was not abuse of discretion where mother had left four-year-old alone as it was in best interests of child and full hearing produced same result. Evidence of adultery was properly excluded.

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In re Michael M., No. F035083., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 29, 2001, Decided
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Overview: Racial epithets written on school building fell within criminal statute although victims did not own building; the property was regularly occupied by the victims which was sufficient for conviction. Statute did not violate First Amendment.

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L.A. County Dep't of Children & Fam. Servs. v. Superior Court, No. B146372., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 29, 2001, Decided
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Overview: Where minor with assaultive behavior was placed in center designed to protect detained children from neglect or abuse, order of such placement was reversed, because minor should have been segregated from other children.

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Magill v. Superior Court of Madera, F035276m, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 29, 2001, Filed
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People v. Barnum, C031302, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 29, 2001, Filed
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Overview: Fact that trial was conducted in prison did not, in itself, show the trial was unfair. Once trial court provided Faretta warnings about dangers of self-representation, defendant was not entitled to further admonishments.

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People v. Hein, B106689, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 29, 2001, Filed
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Overview: Felony murder conviction of 17-year-old was reduced to second-degree murder due to passive involvement in stabbing and minor record. Special circumstance was inapplicable; he was not major participant, or did not act with reckless indifference.

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People v. Jenkins, No. B139842., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 29, 2001, Decided
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Overview: Although attempted murder of ex-girlfriend and assault on her daughter occurred within short period of time and in one home, they were separated in time and had different operative facts, so Three Strikes law permitted consecutive sentences.

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People v. Perez, No. F032957., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 29, 2001, Decided
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Overview: The "10-20-life" enhancement for using firearm during a murder and an attempted murder was rationally related to legitimate state interests of safety and deterrence of violent crime; imposition of the enhancement for each victim was proper.

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