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   State Courts - California - April 30, 2002

  
People v. Herman, No. A092493., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 30, 2002, Decided
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Overview: Adult defendant, who asked minors to join him in lewd conduct, did not commit an act proscribed by California's criminal solicitation statute.

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People v. Mumm, No. D035303., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 30, 2002, Decided
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Overview: Because defendant, who had a prior Arizona robbery conviction, had the intent to commit robbery as defined under California law, his Arizona robbery conviction was a serious felony and a strike for purposes of California's three strikes law.

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Roger H. Proulx & Co. v. Crest-Liners, Inc., No. B144733., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 30, 2002, Decided
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Overview: Trial court erred in entering summary judgment for insurance broker's on contractor's negligence suit; there was a triable issue of fact as to whether coverage that broker failed to obtain for contractor could have covered contractor's damages.

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Seheult v. Jeffer, Mangels, Butler & Marmaro, B146243, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 30, 2002, Filed
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Overview: Where client sued lawyers for legal malpractice, and lawyers were granted summary judgment, the creation of an enforceable personal obligation that would have been avoided by formation of client's partnership constituted actual injury.

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Wilson v. Handley, No. C038341., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 30, 2002, Decided
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Overview: Where property owners sued neighbors for nuisance after neighbors planted row of trees along property line, under spite fence statute, row of trees planted along or near property line was a structure in nature of fence and might be a spite fence.

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