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   State Courts - California - May 14, 2008

  
Ericson v. Federal Express Corp., D049934, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 14, 2008, Filed
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Overview: In a premises liability case brought by a crime victim against defendants, although the trial court's summary judgment ruling for defendants appeared to be based on a "heightened foreseeability" analysis, the assault of the victim was not foreseeable even under the "regular" reasonable foreseeability test.

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People v. Bordelon, A114023, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 14, 2008, Filed
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Overview: In a prosecution of defendant for second degree robbery of a bank, the trial court properly refused defendant's request to instruct the jury on the lesser included offense of grand theft. Because the element of fear was proven, no instruction on mere theft was warranted.

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People v. Johnson, D050751, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 14, 2008, Filed
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Overview: Civil commitment for an indeterminate period under the Sexually Violent Predator (SVP) Act, Welf. & Inst. Code, ? 6600 et seq., did not violate due process because the SVP Act contained sufficient procedural safeguards; moreover, there was no equal protection violation because SVPs were not similarly situated to other committed persons.

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People v. Rundle, S012943, SUPREME COURT OF CALIFORNIA, May 14, 2008, Filed
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