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State Courts -
California - January 23, 2008
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Gilmer v. Ellington, B194605,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 23, 2008, Filed
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Overview: Driver who yielded the right-of-way to a left-turning driver had no duty to ascertain whether it was safe for the left-turning driver to turn across all lanes; Veh. Code, ? 21801, subd. (a), required the left-turning driver to ascertain the safety of the turn, and the yielding driver had no duty to a motorcyclist struck by the left-turning driver.
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In re Marriage of Rothrock, B193031,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 23, 2008, Filed
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Overview: Ttrial court did not err in modifying child support payments by a father where it properly excluded as income under Fam. Code, ? 4058, the father's annuity purchased from an undifferentiated and unallocated personal injury settlement in calculating the support; most, if not all, of the personal injury settlement was on account of a personal injury.
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People v. Davidson, B197896,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 23, 2008, Filed
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Overview: Where defendant was convicted of murder, dismissal of attempted murder conviction was based on murder conviction's continuing legal validity; therefore, when murder charge was later dismissed, reinstatement of attempted murder conviction did not place defendant in double jeopardy and attempted murder conviction was merely revived as matter of law.
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Verga v. Workers' Comp. Appeals Bd., C055711,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 23, 2008, Filed
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Overview: Substantial evidence supported factual findings that a claimant was not entitled under Lab. Code, ? 3208.3, subd. (b)(1), to workers' compensation benefits for a psychiatric injury because her supervisor and coworkers did not persecute or harass her; rather, she caused her own stressful work environment by being verbally abusive toward coworkers.
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