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   State Courts - California - March 1 - March 4, 2002

  
People v. Cooksey, B146852, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 1, 2002, Filed
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People v. Ranger Ins. Co., H022655, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 1, 2002, Filed
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Overview: Where statute regarding release of a defendant on bail did not apply to cases resolved by plea, the statute was inapplicable, and trial court's failure to follow statute did not entitle surety to exoneration of forfeited bail bond.

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Bontrager v. Siskiyou County Assessment Appeals Bd., No. C037148., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 4, 2002, Decided
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Overview: Appraisal method used by investment group to obtain the debt portion of the capitalization rate was erroneous and would not have produced the fair market value for its properties.

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In re Marriage of Bower, No. B151217., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 4, 2002, Decided
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Overview: Where evidence showed that wife's relationship with roommate changed to cohabitation, and wife stipulated to that fact, cohabitation was material change of circumstances triggering presumption of reduced need for spousal support.

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Lauren H. v. Kannappan, No. F034098., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 4, 2002, Decided
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Overview: The court was entitled to rely upon the minutes of the court to the extent they supported the requested relief, and given the conflicting evidence, there was no abuse of discretion in granting a new trial due to a compromised verdict.

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McPhearson v. Michaels Co., No. C034390., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 4, 2002, Decided
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Overview: Perceived conflict in attorney's representation of both former client and employee in actions against same employer was not sufficient to preclude client's testimony or warrant disqualification of employee's attorney.

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People v. Kozlowski, No. A091586., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 4, 2002, Decided
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Overview: A PIN code constituted property for purposes of extortion.

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People v. McKay, No. S091421., SUPREME COURT OF CALIFORNIA, March 4, 2002, Decided
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Overview: Where defendant was stopped for minor traffic infraction, his subsequent custodial arrest upon probable cause did not violate Fourth Amendment. Compliance with state arrest procedures was not component of federal constitutional inquiry.

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San Remo Hotel v. City, No. S091757., SUPREME COURT OF CALIFORNIA, March 4, 2002, Decided
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Overview: City of San Francisco, California, ordinance requiring the owners of hotel to obtain a conditional use permit and pay fees for use of their property as a tourist hotel was not an unconstitutional taking.

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Schmier v. Supreme Court, No. A094408., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, March 4, 2002, Decided
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Overview: Plaintiff's underlying suit, to have all court of appeals decisions published, did not contribute to conferral of an actual benefit on the public; therefore he was not entitled to attorney fees under "private attorney general" statute.

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