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   State Courts - California - April 5 - April 9, 2001

  
Carmel Valley Fire Prot. Dist. v. Cal., No. S078828., SUPREME COURT OF CALIFORNIA, April 5, 2001, Decided
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Overview: State statute allowing the legislature to suspend executive agency regulations did not violate the separation of powers where the legislature pursued legislative goal of allocating resources and the impact on agency regulation was minimal.

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Day v. City of Fontana, No. S084616., SUPREME COURT OF CALIFORNIA, April 5, 2001, Decided
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Overview: Uninsured motorcyclist injured in a vehicular accident was precluded from recovering an award of noneconomic damages against a county and a municipality in an action for nuisance and dangerous condition of public property.

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Kolodge v. Boyd, No. A091181., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, April 5, 2001, Decided
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Overview: There remained a triable issue of fact that would allow plaintiff to rebut the value of a debt listed on the trustee's deed; thus, a triable fact issue remained whether or not a creditor gave a full credit bid on secured property.

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People v. Johnson, A085450, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, April 5, 2001, Filed
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Overview: Trial court abused its discretion by unjustifiably relieving district attorney of responsibility to provide race-neutral explanation for using preemptory challenges to exclude all African-American members of the jury.

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People v. Labaer, No. D034632., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 5, 2001, Decided
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Overview: Substantial evidence supported the jury's implied finding that the subject matter of the fire, a stripped-down mobile home, was a structure within the scope of the arson statute.

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People v. Hagen, No. E025653., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 6, 2001, Decided
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Overview: Where statute prescribed an indeterminate rather that determinate sentence, the trial court correctly sentenced appellant to indeterminate three-year terms for three counts of filing false tax returns.

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Redding Rancheria v. Superior Court, No. C036723., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 6, 2001, Decided
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Overview: An Indian tribe and its commercial entity, a casino, were immune from an ordinary tort suit for negligence, assault and battery arising outside of Indian country.

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In re Trevor W., No. E027461., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 9, 2001, Decided
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Overview: The juvenile court lacked authority to have imposed juvenile hall time as a condition of defendant juvenile's probation without having adjudged defendant to have been a ward of the court.

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