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   State Courts - California - January 31, 2000

  
Aguilar v. Atlantic Richfield Co., D030628, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 31, 2000, Filed
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Overview: Summary judgment granted in antitrust action because defendants showed no evidence of agreement among oil refiners to fix prices, and plaintiffs' showing of collusion was based on inferences from circumstantial evidence.

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In re Ricardo A., B133005, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 31, 2000, Filed
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Overview: Defendant's conviction for carrying a dirk in violation of the statute was upheld; defendant substantially concealed the dirk by a combination of its appearance as a pen and the placement of the point behind his ear.

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Lang v. Hochman, No. B125605., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 31, 2000, Decided
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Overview: A trial court did not abuse its discretion in entering default judgment as a sanction for discovery abuse; mandatory relief from default judgment was not available when the party shared in the wrongdoing.

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People v. Garcia, No. G022376., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2000, Decided
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Overview: Burglar's conviction reversed and remanded on appeal for determination by trial court of whether prosecutor's challenges had valid, constitutional bases; trial court erred in denying his motion to retain lesbian jurors.

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People v. Hatch, No. S074630., SUPREME COURT OF CALIFORNIA, January 31, 2000, Decided
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Overview: The trial court's dismissal of the case after the jury deadlocked did not act as a bar for double-jeopardy purposes because the order/record did not specifically show that the dismissal was for legal insufficiency of evidence.

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People v. Regalado, No. G023383., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2000, Decided
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Overview: Defendant was not denied due process when trial court read jurors an instruction permitting jurors to infer he was predisposed to commit current offense after considering evidence of his prior sexual offense.

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Stearman v. Centex Homes, No. G019311., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2000, Decided
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Overview: Court held that, based on defective construction of foundation of plaintiffs' home, plaintiffs sustained physical injury to their home falling outside of economic loss parameters and being compensable under strict liability.

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