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   State Courts - California - February 5 - February 6, 2002

  
Gemini Aluminum Corp. v. Cal. Custom Shapes, No. D038611., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 5, 2002, Decided
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Overview: Trial court did not err by instructing jury that contractor, which sued subcontractor for intentionally interfering with contractor's prospective economic advantage, had burden of proving subcontractor committed separate tort of misappropriation.

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People v. Badura, No. E028780., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 5, 2002, Decided
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Overview: Defendant was not prejudiced by three day delay in the holding of his probable cause hearing for commitment as a sexual predator where he was incarcerated during that period.

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People v. Espinoza, No. H021384, No. H022532., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 5, 2002, Decided
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Overview: Defendant's right to present a defense was not denied where court excluded expert testimony in defendant's sexual assault prosecution where proffered evidence of victim's emotional problems was speculative and had little probative value.

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People v. Montaque, B149225, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 5, 2002, Filed
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Overview: Murder conviction was not reversed, where trial court's error in not informing the jury that it had a right to request read back of testimony was harmless in view of defendant's confession and corroborating evidence.

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Richmond v. Shasta Community Services Dist., C034239, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 5, 2002, Filed
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Overview: Development fee could be passed by ordinance or resolution as a property owner was not compelled to pay fee unless he elected to develop his property, and proposition did not limit local governments ability to impose such fees.

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Ananda Church of Self-Realization v. Mass. Bay Ins. Co., No. C037158., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 6, 2002, Decided
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Overview: Lawsuits against insured arising out of the alleged wrongful taking of documents from the trash can of underlying plaintiff's attorney, did not raise a potential claim for "property damage" under insurer's general liability policy.

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Harris v. Rudin, No. B142179., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 6, 2002, Decided
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Overview: In a legal malpractice suit, the trial court erred in granting client's motion for summary judgment, defendants raised triable issues of fact as to whether they were entitled to rescind a settlement agreement based on a mutual mistake of fact.

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People v. Hernandez, B145238, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 6, 2002, Filed
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Overview: The trial court committed reversible error by removing a juror who stated that she had formed no opinion about the case and promised to remain fair and open-minded.

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Smith v. Hopland Band of Pomo Indians, A093277, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, February 6, 2002, Filed
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Truck Ins. Exchange v. County of Los Angeles, B134182, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 6, 2002, Filed
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