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State Courts -
California - January 29, 2008
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Dell'Oca v. Bank of New York Trust Co., N.A., A111267 & A112153,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 29, 2008, Filed
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Overview: In a breach of indenture contract action, trial court acted correctly in conditionally granting a new trial after jury returned a partial verdict in favor of plaintiffs. The trial court, which heard the evidence and was in a position to assess the credibility of plaintiffs' witnesses, was entitled to conclude jury's award was based on speculation.
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Doe v. Salesian Society, B198136,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 29, 2008, Filed
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Overview: Because a religious order produced affirmative evidence that it received no reports of sexual misconduct by a priest, and because evidence by alleged victims of childhood sexual molestation did not raise an inference casting doubt on the credibility of that claim, summary judgment on the statute of limitations, Code Civ. Proc., ? 340.1, was proper.
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People v. Seminoff, G037484,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 29, 2008, Filed
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Overview: In a suppression hearing under Pen. Code, ? 1538.5, the trial court properly struck the testimony of a codefendant that 46 pounds of marijuana found in her hotel closet did not give off any odor because she refused to answer cross-examination questions such as whether she possessed it for sale, preventing the State from testing her credibility.
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Zenith Insurance Co. v. Workers' Comp. Appeals Bd., No. B197186,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 29, 2008, Filed
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Overview: Because the notice requirement of Lab. Code, ? 4061, subd. (a), was not triggered with the first payment of temporary disability indemnity, the notice exception to applying the 2005 permanent disability schedule under Lab. Code, ? 4660, subd. (d), was not satisfied by temporary disability payments in 2004 when the last payment was made in 2005.
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