California, June, 2002, State Case law

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State Courts - California - June 3 - June 4, 2002

Bailon v. Appellate Div., No. B156079., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 3, 2002, Decided
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Overview: The State agreed to continue trial one court day to the day after Christmas as the "last day," and, when the defendant was ready on the 26th but no jurors were present, was not entitled to a further 10 day grace period within which to try defendant.

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Howard Jarvis Taxpayers Ass'n v. City of Salinas, No. H022665., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, June 3, 2002, Decided
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Overview: A city's imposition of a storm drainage fee on improved real property owners without submitting it to the voters for approval violated the California Constitution, and the city's ordinances and resolution were invalid exercises of authority.

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People v. Valencia, No. S095385., SUPREME COURT OF CALIFORNIA, June 3, 2002, Decided , June 3, 2002, Filed
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Overview: Penetration into the area behind a window screen amounted to an entry of a building under the burglary statute even when the window itself was closed and was not penetrated. A reasonable person test was adopted to define a building's outer boundary.

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People v. Willis, No. S079245., SUPREME COURT OF CALIFORNIA, June 3, 2002, Decided , June 3, 2002, Filed
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Overview: Constitutional principles required the suppression of evidence discovered by police during a search they conducted without a warrant under the erroneous belief that defendant was on parole and subject to a warrantless search condition.

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Rosen v. State Farm General Ins. Co., B146516, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 3, 2002, Filed
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Overview: In breach of contract action, trial court correctly determined issue of coverage in favor of insured where, notwithstanding language of collapse provision, public policy mandated insurer afford insured coverage for imminent collapse of decks.

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People v. Vu, H022334, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, June 4, 2002, Filed
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Overview: In a criminal trial, the court should have instructed the jury that sexual battery was a lesser included offense of penetration with a foreign object and the failure to so instruct was prejudicial.

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