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   State Courts - California - February 7, 2001

  
Adams v. Aerojet-General Corp., No. C031323., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 7, 2001, Decided
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Overview: Court improperly disqualified lawyer from toxic tort case based on presumption of imputed knowledge; matter remanded for inquiry into nature and extent of lawyer's involvement with former firm's earlier representation of defendant.

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Cherry v. Superior Court, No. B144293., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 7, 2001, Decided
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Overview: Trial court was not precluded by principles of double jeopardy, res judicata, or law of the case from conducting a retrial on remand to determine whether petitioner's prior assault conviction qualified as a strike under state Three Strikes law.

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Drouet v. Superior Court, A092016, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, February 7, 2001, Filed
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Overview: Retaliatory eviction defense was not available to tenants evicted in unlawful detainer proceedings initiated by landlord under Ellis Act, but landlord was subject to monetary consequences for retaliation after the eviction.

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Manduley v. Superior Court, D036356, D036456, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 7, 2001, Filed
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Overview: Statutory amendment permitting prosecuting authority, in its discretion, to file certain criminal accusations against juveniles in either adult court or juvenile court was unconstitutional under separation of powers doctrine.

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People v. Quinn, No. B139439., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 7, 2001, Decided
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Overview: Statute allowing involuntary commitment of mentally retarded persons had no requirement that the defendant's dangerous condition be caused by mental retardation, but only that defendant was dangerous and mentally retarded.

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People v. Thang Van Bui, No. C029902., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 7, 2001, Decided
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Overview: Defendant's criticism of expert testimony went to weight, not admissibility. Testimony concerning effects of methamphetamine was based upon research generally accepted in scientific community. Evidence was admissible.

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Zilog, Inc. v. Superior Court, No. H021144., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 7, 2001, Decided
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Overview: Peremptory challenge to case management judge was timely as 15-day time limit for direct calendar courts did not apply. Parties knew who would hear motion more than 10 days before hearing and challenge was filed more than 5 days before hearing.

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