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State Courts -
California - February 23, 2007
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Dyer v. Martinez, G037423,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 23, 2007, Filed
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Overview: Real property claimant's lis pendens did not provide constructive notice to opposing claimant under Code Civ. Proc., ? 405.24, where it was not indexed at time opposing claimant took his interest in property and thus could not have been located by a diligent title search; as a result, opposing claimant took his interest free from claim.
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People v. Duarte, C049554,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 23, 2007, Filed
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Overview: Defendant conspired to use his minor son to transport cocaine in violation of Health & Saf. Code, ? 11353, subd. (b), because son's presence, in estimation of defendant and coconspirators, would have enabled defendant to avoid detection; there was no doubt that defendant's taking son with him as he transported cocaine would have endangered son.
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Reedy v. Bussell, G036327 (Consol. with G036328, G036329, G036330 & G036331),
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 23, 2007, Filed
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Overview: Substantial evidence supported the trial court's decision to grant motions for terminating sanctions under former Code Civ. Proc., ? 2023, in consolidated probate cases, based on failure to produce documents or respond properly to discovery and an attempt to take additional depositions during a trial recess while misrepresenting their nature.
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Yoo v. Jho, B189586,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 23, 2007, Filed
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Overview: Due to the illegal object of a contract between a buyer and a seller, i.e., the sale of a business dealing in counterfeit goods, which both parties had knowledge of, a trial court erred in entertaining buyer's action and in awarding any relief to buyer because the illegal object of the contract precluded any recovery pursuant to Civ. Code, ? 1608.
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