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   State Courts - California - June 22 - June 23, 2000

  
Estate of Burdette, No. B120032., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 22, 2000, Decided
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Overview: Newer will was properly admitted into probate. Respondent presented sufficient evidence of due execution and the trial court did not err in admitting the statement of one of the subscribing witnesses.

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Finley v. Third Laguna Hills Mutual, E024743, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 22, 2000, Filed
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Kransco v. Am. Empire Surplus Lines Ins. Co., No. S062139., SUPREME COURT OF CALIFORNIA, June 22, 2000, Decided
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Overview: Insurer could not assert an insured's comparative bad faith as affirmative defense to partially absolve itself of its own tort liability for breach of the covenant of good faith and fair dealing.

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People v. Gaio, No. B125769., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, June 22, 2000, Decided
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Overview: Court held that bribery pursuant to statutory provisions under which defendants were convicted did not require that the bribe have been paid with the intent to influence a specific, particular official act.

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Dolan-King v. Rancho Santa Fe Ass'n, No. D032696., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 23, 2000, Decided
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Overview: Homeowner failed to meet her burden to show that community association's rejection of her proposed plans for home additions and perimeter fence on her property was unreasonable and arbitrary under the circumstances.

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Krusi v. S. J. Amoroso Constr. Co., No. A086602., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 23, 2000, Decided
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Overview: Claim seeking to recover against architects and contractors for defects in building was properly dismissed where original owners had already brought claim; subsequent owners lacked standing to sue for the same defects.

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People v. Channing, No. E026018., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 23, 2000, Decided
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Overview: Court held that because police officer observed drugs located inside of the curtilage area from an "open fields" area he had not conducted a warrantless search in violation of constitutional search and seizure standards.

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People v. Elsey, No. C027915., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 23, 2000, Decided
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Overview: A defendant's entry into five school classrooms and main office area justified conviction for six separate counts of burglary because the plain language of statute prohibited entry into any room with intent to commit larceny.

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