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State Courts -
California - January 30 - February 3, 2009
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Bak v. MCL Financial Group, Inc., G040130,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 30, 2009, Filed
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Overview: By voluntarily appearing for defendants in arbitration proceedings, which included conducting discovery, and in responding to plaintiffs' claim some of the documents they produced were privileged material, defendants' attorney subjected himself to arbitration panel's jurisdiction and was subject to its rulings, including an order to pay sanctions.
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Insyst, Ltd. v. Applied Materials, Inc., H033058,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 30, 2009, Filed
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Overview: Pursuant to Code Civ. Proc., ? 1010.6, and Cal. Rules of Court, rule 8.104(a)(2), plaintiff's appeal of an adverse judgment was timely filed after the clerk's physical mailing of self-identified notice of entry of judgment where there was an absence of evidence that "a file-stamped copy of the judgment" was electronically transmitted to plaintiff.
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People v. Castillo, B202289,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 30, 2009, Filed
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Overview: In a case in which defendant was found to be a sexually violent predator under the California Sexually Violent Predators Act, the trial court's two-year commitment order was unauthorized because Proposition 83, which was approved by the voters in November 2006 and was in effect at the time of trial, required commitment for an indeterminate term.
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People v. Tabb, D051402,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 30, 2009, Filed
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Overview: Defendant could not be convicted of multiple grand thefts under different theories because the jury found that his thefts from his employer occurring over several months were inflicted under a single, overall plan or objective. His conviction under Pen. Code, ? 487, for grand theft by an employee, was reversed and another conviction was affirmed.
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Tin Tin Corp. v. Pacific Rim Park, LLC, H032371,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 2, 2009, Filed
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Overview: Limited liability company taxes and fees imposed under Rev. & Tax. Code, ? 17941, subd. (a), and computed pursuant to former Rev. & Tax. Code, ? 17942, subd. (a), were costs of conducting business in a particular legal form, not costs of operating a shopping center; thus, they did not qualify as common area operating expenses under a lease.
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People v. Beyah, B201886,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 3, 2009, Filed
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Overview: In a drug case, although it was questionable whether CALCRIM No. 362 should have been used when the basis for an inference of consciousness of guilt was disbelief of defendant's trial testimony, defendant was not prejudiced by its use because false trial testimony could, in proper circumstances, be considered as evidence of consciousness of guilt.
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