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   State Courts - California - May 23 - May 24, 2002

  
Bonta v. Burke, No. C037609., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 23, 2002, Decided
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Overview: State was entitled to reimbursement from a decedent's estate for the cost of medical services during her lifetime; because decedent retained the right to revoke the remainder interest, her house was part of that estate at the time of her death.

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Gatto v. County of Sonoma, No. A094976., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, May 23, 2002, Decided
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Overview: Judgment that county fair patron, ejected because of motorcycle gang insignia, was denied equal access in violation of Unruh Act was reversed. Judgment that dress code was vague and violated constitutional liberty interest was affirmed.

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Kashian v. Harriman, No. F036962., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 23, 2002, Decided
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Overview: Grant of anti-SLAPP statute motion to strike unfair business practices and defamation complaint against lawyer was upheld. Lawyer's request for investigation to attorney general was connected to potential litigation and thus within statute.

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People v. Alvarez, No. S089554., SUPREME COURT OF CALIFORNIA, May 23, 2002, Decided
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Overview: Corpus delicti rule was abrogated by constitutional amendment to extent the rule prohibited admission of defendant's extrajudicial statements. Independent evidence of corpus delicti was still required for a conviction, as was jury instruction.

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People v. Talibdeen, No. S090710., SUPREME COURT OF CALIFORNIA, May 23, 2002, Decided
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Overview: In criminal sentencing, the trial court had no discretion to waive the imposition of penalties, and the court of appeal properly corrected the omission, even though the People raised the issue for the first time on appeal.

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San Diego Police Officers Ass'n v. City of San Diego, No. D037812., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 23, 2002, Decided
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Overview: The grant of a writ of mandate was affirmed, as the statute required production of an investigator's notes or tape-recorded interviews, which contained reports or complaints, made by other persons concerning a police officer's misconduct.

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Giardino v. Brown, No. B146437., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 24, 2002, Decided
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Overview: Grant of summary judgment motion was reversed as young girl who was an inexperienced rider could not be held to assume the risk that a horse provided to her at camp was inappropriate for her skill level.

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