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   State Courts - California - May 4 - May 8, 2000

  
Cal. Apt. Ass'n v. City of Stockton, No. C027953., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 4, 2000, Decided
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Overview: The City of Stockton, California, was prohibited from enacting ordinances allowing a public utility to recover from a residential property owner or a tenant the amounts owed for utility services provided to a previous tenant.

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Kuns v. City of Ukiah, A087470, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 4, 2000, Filed
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Old Republic Ins. Co. v. Fsr Brokerage, No. B100097., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 4, 2000, Decided
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Overview: Bad faith claim against insurer for initiating litigation against insured failed as matter of law when insured did not contend that insurer acted unreasonably in investigating or paying underlying insurance claim.

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People v. Jenkins, No. S007522., SUPREME COURT OF CALIFORNIA, May 4, 2000, Decided
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Overview: Defendant's conviction and death sentence were proper because the state supreme court's scrutiny of the record, including defendant's constitutional right to fair trial and the constitutionality of death penalty, did not require reversal.

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People v. Sewell, No. C031490., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 4, 2000, Decided
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Overview: Driving in willful or wanton disregard for the safety of persons or property while evading a pursuing peace officer was an inherently dangerous felony supporting defendant's conviction of second degree felony-murder.

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People v. Tuan Van Nguyen, No. S072471., SUPREME COURT OF CALIFORNIA, May 4, 2000, Decided
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Overview: Because a risk of psychological harm could have elevated the crime of kidnapping to aggravated kidnapping or kidnapping for robbery under the state's statute, defendant's aggravated kidnapping conviction was affirmed.

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People v. Acosta, B132967, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 5, 2000, Filed
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Overview: Defendant's judgment was modified to provide for a single prison term of 25 years to life, doubled to 50 years to life as a second strike. One of the five-year enhancements was stricken.

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Fost v. Marin County Superior Court, No. A089753., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 8, 2000, Decided
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Overview: Trial court improperly declared petitioner journalist in contempt for refusing to testify under shield law; court failed to determine whether defendant's right to fair trial superseded petitioner's state constitutional rights.

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PLCM Group v. Drexler, No. S080201., SUPREME COURT OF CALIFORNIA, May 8, 2000, Decided
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Overview: Entity represented by in-house counsel could recover attorney fees and award to plaintiff based on number of hours expended by counsel multiplied by prevailing market rate for comparable legal services.

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Potvin v. Metro. Life Ins. Co., No. S061945., SUPREME COURT OF CALIFORNIA, May 8, 2000, Decided
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Overview: "Without cause" termination clause in agreement for physician's inclusion on insurer's preferred provider lists was unenforceable to the extent it purported to limit existing right to fair procedure under the common law.

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