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   State Courts - California - May 11 - May 12, 2006

  
In re Marriage of Nelson, H028352, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 11, 2006, Filed
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Overview: When the trial court dissolved the parties' marriage, it erred in setting the amount of an equalization payment without considering the community interest in the marital residence, which arose from the use of community property to make mortgage payments; neither rental value nor a home equity loan unrelated to the purchase could be items of credit.

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Manta Management Corp. v. City of San Bernardino, E036942, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 11, 2006, Filed
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Overview: A city was liable for damages under 42 U.S.C. § 1983 because the city's act of obtaining an injunction against a nightclub operating an adult cabaret to enforce an unconstitutional ordinance was an act in violation of the First Amendment within the meaning of § 1983. It was no defense that the injunction was sought in good faith.

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People v. Boyer, S029476, SUPREME COURT OF CALIFORNIA, May 11, 2006, Filed
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Overview: Although defendant was unlawfully detained and interrogated in a murder case, his girlfriend's consent to search, given while defendant was at the police station, was voluntary; defendant's girlfriend was not improperly coerced into granting consent or into testifying against defendant, and the evidence obtained was not fruit of the poisonous tree.

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In re Lemanuel C., A109322, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 12, 2006, Filed
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Overview: A juvenile court's extension of defendant's civil commitment under Welf. & Inst. Code, § 1800, did not violate due process where the juvenile court found that defendant would be physically dangerous to the public because of a mental disorder that resulted in a serious difficulty in controlling his dangerous behavior.

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