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   State Courts - California - February 17, 2000

  
Gulf Ins. Co. v. Berger, No. B128560., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, February 17, 2000, Decided
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Overview: Signed defense guidelines and correspondence reflected an agreement between the parties and an attorney-client relationship as a matter of law. No disqualifying conflict of interest existed to prevent appellant's suit.

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In re Rashad H., No. B133778., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 17, 2000, Decided
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Overview: Because father was denied notice of hearing terminating parental rights, reversal would advance prospective adoptive parents' rights and public trust, and no evidence showed settlement was an option, order was reversed.

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Knb Enters. v. Matthews, No. B127931., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 17, 2000, Decided
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Overview: Because a human likeness was not copyrightable, the models' claims against the unauthorized publisher of their photographs were not the equivalent of a copyright infringement and were not preempted by federal copyright law.

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People v. Clem, No. A082187., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, February 17, 2000, Decided
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Overview: Because felony murder jury instruction was properly given, since discharging firearm in a grossly negligent manner which could result in injury or death fell within felony murder rule, defendant's murder conviction affirmed.

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People v. Culuko, No. E020267., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 17, 2000, Decided
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Overview: In child murder case, jury was properly instructed, and instructions did not permit jury to find defendants guilty of murder without necessary finding of malice.

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People v. Hester, No. S077187., SUPREME COURT OF CALIFORNIA, February 17, 2000, Decided
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Overview: Because defendant agreed to a specified prison term and did not raise objection to the multiple punishment at sentencing hearing, defendant waived right to claim that his sentence violated the multiple punishment statute.

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Tellis v. Contractors' State License Bd., No. E023997., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 17, 2000, Decided
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Overview: Contractor who had received full payment for building home was obligated to repair substandard defects; administrative board did not abuse its discretion in issuing a citation against him.

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Wm. R. Clarke Corp. v. Safeco Ins. Co. of Am., No. B123956., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 17, 2000, Decided
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Overview: Order for judgment creditor against appeal bond for balance was affirmed as equitable, and not an abuse of court's discretion; judgment debtor erred in assessing post-judgment interest after deducting offset from principal.

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