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   State Courts - California - May 24 - May 25, 2000

  
Jang v. State Farm Fire & Casualty Co., No. A085617., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 24, 2000, Decided
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Overview: Mortgage holder's bad faith action concerning a fire damaged building was barred by insurance policy provision limiting actions to one year after loss because her claims related to insurer's payments under the policy.

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Pac. Indem. Co. v. Bellefonte Ins. Co., No. D031786., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 24, 2000, Decided
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Overview: "Owned property" policy exclusion did not bar port district coverage for environmental litigation because it was entrusted bay not merely for safekeeping. Plaintiff's defense costs were prorated between parties.

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People v. Graves, C029964, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 24, 2000, Filed
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Overview: The trial court erred in applying double punishment in sentencing defendant for sex offenses involving a child; under statutory scheme the "one strike" and "two strike" provisions were not cumulative, but alternative.

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People v. Mom, No. C032099., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 24, 2000, Decided
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Overview: Rape in concert conviction was affirmed; instruction as to the level of force necessary was properly given as a level of force substantially different from or substantially greater than that necessary to accomplish the rape itself.

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People v. Walsh, A085779, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 24, 2000, Filed
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Overview: Dismissal of indictment for lack of venue was reversed. Offenses occurred within 500 yards of county line; thus lower court had territorial jurisdiction. Trial by jurors from that county did not violate vicinage rights.

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Walt Rankin & Assocs. v. City of Murrieta, E024139, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 24, 2000, Filed
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Overview: In a subcontractor's breach of contract action for payment on a bond, a city's failure to confirm the sufficiency of the surety prior to accepting the bond constituted negligence per se.

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Boon v. Rivera, No. B134897., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 25, 2000, Decided
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Overview: Wife had a duty not to affirmatively misrepresent to officer that her husband, who was barricaded in their house, had threatened to kill officers and possessed firearms. Firefighter rule did not exempt this duty.

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In re Frank L., No. D034497., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 25, 2000, Decided
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Overview: Incarcerated mother lacked standing to appeal dependency order sending her son to live with his aunt in another state; separation from siblings and ineffective assistance of counsel arguments did not relate to mother's interests.

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People v. Superior Court (Barrett), No. D034139., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 25, 2000, Decided
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Overview: Defendant, charged with murdering his prison cellmate, could discover corrections department investigation materials from prosecutor, but had to file subpoena duces tecum to obtain other corrections documents.

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