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   State Courts - California - April 26, 2000

  
Allen v. Sully-Miller Contracting Co., B127946, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 26, 2000, Filed
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Overview: Trial court erred in ruling that statute limiting general damages for uninsured motorists barred uninsured motorist from presenting evidence of noneconomic damages in premises liability action against construction company.

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Bugna v. Fike, No. A087632., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 26, 2000, Decided
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Overview: Suit arising from contracts against nonsignatories was brought in wrong venue; nonsignatories were deal makers, and thus were closely related to the contracts, so they could assert forum selection clause in contracts.

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Duggan's Funeral Serv. v. Duggan's Serra Mortuary, No. A084038., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 26, 2000, Decided
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Overview: Under the Lanham Act, state court had jurisdiction to cancel federally registered trademark where applicant for mark committed fraud in the application process.

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Hatch v. Superior Court, D032423, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 26, 2000, Filed
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In re Humberto O., No. B124161., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 26, 2000, Decided
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Overview: In prosecution of juvenile for illegally carrying a dagger, search of defendant's backpack under truancy statute was lawful, where it was incident to defendant's arrest.

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James G. v. Superior Court, No. B134859., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 26, 2000, Decided
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Overview: Writ of mandate was issued directing trial court to vacate its order denying criminal defendant's request for appointment of an expert, and to issue a new order appointing the expert.

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People v. Jimenez, No. F029571., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 26, 2000, Decided
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Overview: Sex offender was subject to enhanced penalties for conviction for sodomizing child under the age of 14, because of the disparity in age between the offender and his victim and the multiplicity of offenses.

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Sakotas v. Workers' Comp. Appeals Bd., No. B128688., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 26, 2000, Decided
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Overview: Statute establishing the test of predominance for a psychiatric injury claim was sustained as a permissible exercise of legislative power against workers' compensation benefits claimant's equal protection challenge.

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