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   State Courts - California - June 1, 2006

  
Kacha v. Allstate Ins. Co., D046961, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 1, 2006, Filed
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Overview: An insured did not waive the rule that an appraisal panel's authority was limited to determining actual cash value of an insured item because the purported waiver in the appraisal award form did not comply with the Ins. Code, ? 2071, subd. (a), which required a fire insurance policy to state that no waiver was valid unless granted in the policy.

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People v. Romero, B185902, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 1, 2006, Filed
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Overview: Specific intent element of Pen. Code, ? 186.22, subd. (b)(1), requiring a showing of specific intent to promote, further, or assist in any criminal conduct by gang members, was satisfied where defendant had the specific intent to promote, further, or assist a codefendant in the shootings of two members of a rival gang.

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People v. Thompson, S130174, SUPREME COURT OF CALIFORNIA, June 1, 2006, Filed
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Overview: Suppression of evidence seized during and after warrantless entry into defendant's house under Fourth Amendment was error because exigent circumstances justified entry to effect his arrest for DUI. Officers had probable cause to arrest defendant for DUI, and their entry was reasonable to prevent imminent destruction of evidence of his crime.

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Tortorella v. Castro, B184043, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 1, 2006, Filed
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Overview: Because any unnecessary surgery was inherently injurious, an expert declaration stating that a doctor's preoperative evaluation fell below the accepted standard of care and that a surgery he performed was unnecessary was sufficient to raise a triable issue of fact with respect to causation; hence, the doctor was not entitled to summary judgment.

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