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   State Courts - California - December 23 - December 27, 1999

  
In re Marriage of Kerr, No. D027224., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 23, 1999, Decided
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Overview: Court properly awarded spouse additional spousal support and child support based on appellant's income from the exercise of future stock options, but the use of a percentage to calculate the amount of support was error.

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People v. Hayes, No. S004725., SUPREME COURT OF CALIFORNIA, December 23, 1999, Decided
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Overview: First degree murder conviction was affirmed where jurors were not prejudicial or biased, there was no jury misconduct, appellant understood the proceedings and appellant's statements were admitted to show their effect on witnesses.

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People v. Tobias, H018424, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 23, 1999, Filed
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Overview: Defense counsel not prejudicially deficient in failing to seek redaction, or for failing to bring suppression motion, and was not reasonably probable that court's failure to give accomplice instructions prejudiced defendant.

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State Farm Mut. Auto. Ins. Co. v. Quackenbush, No. A080461., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, December 23, 1999, Decided
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Overview: The trial court's order partly granting and partly denying the petition for a writ of administrative mandamus was supported by substantial evidence and fully consistent with the regulatory scheme governing rate rollbacks.

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Arcaro v. Silva & Silva Enters. Corp., No. B119385., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 27, 1999, Decided
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Overview: The judgment against defendant in a malicious prosecution suit was affirmed. Defendant lacked probable cause to sue plaintiff on the guarantee because it had no objective, reasonable basis to believe that the signature was genuine.

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Flanagan v. Flanagan, B122810, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, December 27, 1999, Filed
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Overview: Although complainant-respondent had recorded 24 confidential communications, the evidence supported a finding of only two confidential communications that were surreptitiously recorded by respondent.

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Freeman v. San Diego Ass'n of Realtors, No. D030553., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 27, 1999, Decided
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Overview: Plaintiff's suit for antitrust violation was dismissed for failure to adequately allege an illegal tying arrangement or to show specific acts, threats coercion, intimidation of an organized boycott against her.

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People v. Chardon, No. H018981., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 27, 1999, Decided
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Overview: Conviction for false personation and driving with a suspended license was upheld because there was substantial evidence to support the conviction and the citation was a complaint which commenced a timely prosecution.

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People v. Crusilla, No. D031554., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 27, 1999, Decided
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Overview: Federal inspector at port of entry was authorized to make citizen's arrest and detain defendant for drunk driving until state authorities could take him into custody. Exclusive federal jurisdiction had never been asserted.

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Saelzler v. Advanced Group 400, B125896, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, December 27, 1999, Filed
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Overview: The complete absence of required security measures was sufficient to create a triable issue on whether a breach of duty by a landlord was a contributing cause of crimes committed at an unsecured location.

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