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State Courts -
California - April 18 - April 19, 2006
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Fairfax v. Lords, G034533,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 18, 2006, Filed
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Overview: In a medical malpractice action, the trial court committed prejudicial error in allowing a podiatrist to delay his designation of retained expert witnesses until 20 days after the patient had designated his own expert, instead of enforcing a simultaneous exchange of information as required by former Code Civ. Proc., § 2034.
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McVeigh v. Doe 1, B181275,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 18, 2006, Filed
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Overview: A child sexual abuse action was not time barred, even though the attorney's certificate justifying a late filing of the substantive certificates of merit was not filed within the statute of limitations and with the complaint, because Code Civ. Proc, § 340.1, subd. (h), permitted the justifying certificate to be filed with the other certificates.
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Ramirez v. Nelson, No. B179275,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 18, 2006, Filed
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Overview: In a wrongful death action, trial court erred in refusing to instruct jury that a violation of Pen. Code, § 385, which made it a misdemeanor for any person to move any tool or equipment within six feet of a high voltage line, was negligence per se. There was a reasonable probability that had jury been so instructed, it could have found causation.
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Smock v. State of California, A107532, A108413,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, April 18, 2006, Filed
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Overview: In a personal injury action brought by a lawyer against the State after the lawyer was seriously injured in a traffic accident, trial court properly applied collateral source rule to exclude from the jury's consideration certain payments the lawyer, who had recently become a partner at a law firm, received from the firm during his convalescence.
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V.C. v. Los Angeles Unified School Dist., B184022,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 18, 2006, Filed
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Overview: Tort action against a school district, which arose from sexual molestation of a minor student by a teacher who was arrested more than one year before the student presented her claim for damages, was barred because the student did not timely comply with the claims filing requirement of Gov. Code, § 945.4.
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Branciforte Heights, LLC v. City of Santa Cruz, H028864,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 19, 2006, Filed
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Overview: In the absence of legislation adopted by a city providing a credit for private open space pursuant to Gov. Code, § 66477, the city had no ministerial duty to provide a subdivision developer with a specific amount of credit for private open space, and the developer had no right to performance of such a duty.
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People v. Carlos, B178957, B184737,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 19, 2006, Filed
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Overview: In a robbery case, a photo array was impermissibly suggestive because defendant's name and an identification number were printed on the front of the form, directly below his picture, and nothing was printed underneath the other photos; moreover, the error was prejudicial because the witnesses could not identify defendant at trial.
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