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State Courts -
California - May 12 - May 13, 2009
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Dahms v. Downtown Pomona Property & Business Improvement Dist., B183545,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 12, 2009, Filed
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Overview: In compliance with Cal. Const., art. XIII D, § 4, subd. (a), city adequately distinguished between special and general benefits in creating special assessment district. Special benefits conferred were not mere effects of the services funded by the assessments. Rather, services themselves constituted special benefits to all of the assessed parcels.
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Loeffler v. Target Corp., B199287,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 12, 2009, Filed
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Overview: In a case in which plaintiffs contended a retailer was not entitled to collect sales tax reimbursement on take-out purchases of hot coffee because sales tax was allegedly not due on such purchases, Cal. Const., art. XIII, § 32, barred plaintiffs' action. Plaintiffs had no standing to seek a sales tax refund.
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People v. Zambia, B207812,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 12, 2009, Filed
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Overview: Defendant was properly convicted of pandering, Pen. Code, § 266i, subd. (a)(2), even though the person encouraged was an undercover officer, because the fact that the officer had no intention of prostituting herself on behalf of defendant did not mean that defendant could be convicted of nothing more than the inchoate offense of attempt.
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