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   State Courts - California - June 13, 2002

  
Allen v. Sully-Miller Contracting Co., No. S088829., SUPREME COURT OF CALIFORNIA, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: In an uninsured motorist's action for negligence and premises liability, the uninsured motorist was statutorily barred from seeking non-economic damages.

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City of Malibu v. Santa Monica Mountains Conservancy, B151606, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 13, 2002, Filed
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Overview: Conservancy's petition for rehearing and request to depublish were denied. Appellate court modified prior opinion but did not change judgment. City retained police power to regulate uses on conservancy property.

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Fatica v. Superior Court, No. G030753., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: Where victims' treating physician was a testifying witness, physician was considered an expert witness and trial court erred in granting motion in limine which limited physician to testify only as a percipient witness.

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Kong v. City of Hawaiian Gardens Redevelopment Agency, No. B146142., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: Because a sublessee failed to allege facts to establish damages as the result of a taking, the trial court properly sustained a city's demurrer to the cause of action for inverse condemnation, but it did so improperly without leave to amend.

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Kong v. City of Hawaiian Gardens Redevelopment Agency, No. B149322., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: Businessman, who was the sublessee of a piece of commercial property, was a "displaced person" within the meaning of the California Relocation Assistance Law and was entitled to relocation benefits due to city agency's acquisition of the property.

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People v. Carmony, No. C035540., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: Collateral estoppel did not apply to bar a sexually violent predator proceeding because of the changeable nature of a person's mental health and dangerousness, the laws emphasis on a defendant's current, continuing threat to society.

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People v. Mack, C037421, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 13, 2002, Filed
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Overview: Habeas relief vacated conviction. On return, defendant pled guilty and got credit on new sentence. This was upheld except for a determination on remand of conduct credits due him, per statutory standards, for state prison time prior to reversal.

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People v. Sinohui, No. S094039., SUPREME COURT OF CALIFORNIA, June 13, 2002, Decided , June 13, 2002, Filed
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Overview: A wife's testimony was properly compelled, pursuant to spousal testimony privilege exception, where defendant's crimes against his wife and victim were part of a continuous course of criminal conduct and bore a logical relationship to each other.

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