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   State Courts - California - May 15, 2008

  
Casden Park La Brea Retail Llc v. Ross Dress for Less, B198440, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 15, 2008, Filed
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Everett v. State Farm General Ins. Co., E041807, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 15, 2008, Filed
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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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Unruh-Haxton v. Regents of University of California, G037749, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 15, 2008, Filed
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