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   State Courts - California - June 25, 2001

  
In re Marriage of Smith, No. F034054, No. F034080, No. F035091., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 25, 2001, Decided
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Overview: Court refused to grant an "incarcerated parent exception" to the child support guidelines; incarceration constituted a valid change in circumstances even where the incarceration was a result of a crime against a family member.

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Oregel v. Am. Isuzu Motors, No. D036615., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 25, 2001, Decided
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Overview: Auto maker was liable for its refusal to repurchase car with persistent oil leak; leak was not due to poor maintenance, "repair attempt" included visits where mechanic could not find source, and policies showed lack of good faith.

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Payne v. Nat'l Collection Sys., B135352, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 25, 2001, Filed
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Overview: Where low income job applicants sued airline and credit company for conspiring to defraud job applicants out of money for sales training course, job applicants should have been allowed to amend unfair competition claim.

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People v. McCoy, No. S087893., SUPREME COURT OF CALIFORNIA, June 25, 2001, Decided
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Overview: In the context of homicide when the direct perpetrator was acquitted due to a defense personal to him, the aider and abettor, having no such defense, could have been found guilty of a more serious crime than the actual perpetrator.

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People v. Simon, No. S077866., SUPREME COURT OF CALIFORNIA, June 25, 2001, Decided
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Overview: Where defendant's commission of criminal conduct in one county resulted in an assault on a pursuing officer in another county, the assault charge was properly tried in the county where the initial criminal conduct occurred.

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Price v. Superior Court, No. S085852., SUPREME COURT OF CALIFORNIA, June 25, 2001, Decided
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Overview: California statute permitting multicounty venue for trial of child abuse offenses by same defendant against same victim was properly applied against defendant who committed multiple criminal acts against his children in multiple counties.

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Sherman v. Allstate Ins. Co., B134398, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 25, 2001, Filed
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Overview: Objectors who opted out of the certified class did not have standing to challenge the settlement in a class action involving earthquake insurance claims because they were not parties in the action.

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