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State Courts -
California - May 15, 2008
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In re Marriage Cases, S147999,
SUPREME COURT OF CALIFORNIA, May 15, 2008, Filed
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Overview: By excluding same-sex couples from the designation of marriage, Fam. Code ?? 300 and 308.5, violated Cal. Const., art. I, ?? 1, 7 because the fundamental civil right to marry applied without regard to sexual orientation and the state did not have a compelling interest in limiting the designation of marriage exclusively to opposite-sex couples.
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Kruse v. Superior Court, C055654,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 15, 2008, Filed
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Overview: Delay in resuming a postponed preliminary hearing was not justified pursuant to Pen. Code, ? 861, subd. (a), by an affidavit showing good cause; although an affidavit was submitted regarding the prosecutor's illness, the record indicated that the delay was caused primarily by transportation problems, and dismissal was the appropriate remedy.
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Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore, H030965,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 15, 2008, Filed
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Overview: Law firm's claim in quantum meruit to recover fees for services rendered to a client personally, not as the executor of an estate, was not barred by a final probate judgment finding that the disputed fees were not expenses of the estate under Prob. Code, ?? 10800, 10810, 10811; the estate was not responsible under Prob. Code, ? 9820, subd. (b).
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People v. Zarazua, C047726,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 15, 2008, Filed
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Overview: Evidence was sufficient to sustain enhancement allegation under Pen. Code, ? 12022.53, subd. (d), that defendants' discharge of firearms proximately caused child's death. Traffic accident that was immediate cause of child's death was a foreseeable result - a direct, natural, and probable consequence - of defendants' discharges of their firearms.
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