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   State Courts - California - June 15 - June 18, 2001

  
Craddock v. Kmart Corp., No. C035688., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 15, 2001, Decided
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Overview: Damages awarded to husband for his lack of consortium claim were properly reduced by the percentage of comparative fault assigned to customer, his wife, with respect to the relevant accident.

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In re Ramirez, No. B144665., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 15, 2001, Decided
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Overview: The appellate court exercised its discretion to refuse to issue misdemeanant a writ of habeas corpus as an exercise of original jurisdiction because misdemeanant had not first brought a petition in the trial court.

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Machado v. State Water Res. Control Bd., No. C032572., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 15, 2001, Decided
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Overview: Dairy received due process from water control board, without hearing, when ordered to modify wastewater distribution system. Business was not fundamentally affected, it had informal opportunity to be heard, and delay could have been dangerous.

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Morson v. Superior Court, No. D037161., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 15, 2001, Decided
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Overview: Product liability suit over latex gloves would require expert testimony to assist trier of fact to understand whether defect was in design or manufacture. Thus lower court did not err in preventing instruction on consumer expectations test.

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People v. Garcia, No. H018134., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, June 15, 2001, Decided
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Overview: Evidence of ex-husband's other acts of domestic violence satisfied the statutory requirement of corroboration of the victim's allegations, such that the charge of spousal rape was properly allowed to proceed to trial.

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People v. Ly, B139382, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 15, 2001, Filed
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Bonanno v. Central Contra Costa Transit Authority, A087846, A088589, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, June 18, 2001, Filed
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Overview: In suit brought by pedestrian, who was injured when she was struck by a car as she was crossing a street to get to a bus stop, judgment against transit authority was upheld, as the bus stop constituted a dangerous condition.

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People v. Superior Court (almaraz), No. F037389., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 18, 2001, Decided
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Overview: Criminal defendant had no constitutional right to a certified interpreter, only a right to a competent interpreter.

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Petricka v. Dep't of Motor Vehicles, No. A090302., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, June 18, 2001, Decided
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Overview: Respondent's conviction for DUI was affirmed; evidence supported the conclusion that the officer carried out his official duty in obtaining an accurate blood alcohol result for evidentiary use at the hearing.

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