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   State Courts - California - May 9, 2001

  
Garden Grove Police Dep't v. Superior Court, No. G027730., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 9, 2001, Decided
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Overview: Criminal defendant seeking discovery of the birth dates of three police officers was required to comply with the Pitchess process; the requested information was subject to in camera review by the court to determine its relevance.

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In re Marriage of Shaban, G024572 and G025498, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 9, 2001, Filed
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Olszewski v. ScrippsHealth, D034197, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 9, 2001, Filed
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Overview: Health care provider's lien on patient's claim against third party pursuant to health care lien statute was invalid, as statute was preempted by federal law, but patient's unfair competition and tort claims against provider were barred.

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People v. Adair, B138462, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 9, 2001, Filed
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Overview: Defendant failed to establish that there was no reasonable cause to believe she committed the offense for which she was arrested; thus, granting her petition for a finding of factual innocence was improper.

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People v. Englebrecht, No. D033527., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 9, 2001, Decided
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Overview: Injunction prohibiting appellant and others from associating with a gang in a defined area did not impermissibly burden appellant's associational rights, and was narrowly tailored to legitimate purpose of abating a public nuisance.

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People v. Silfa, No. B139818., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 9, 2001, Decided
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Overview: Defendant was mentally competent and fully informed of his right to counsel. He was literate and understood the dangers of self-representation. Nothing more was required of him to exercise his right of self-representation.

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Schwartz v. State Farm Fire & Casualty Co., No. B140274., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 9, 2001, Decided
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Overview: Excess insurer failed to meet its summary judgment burden of showing that it complied with its duty to consider insureds' interest in limited policy proceeds, despite fact interest had not matured so as to require payment.

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