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   State Courts - California - July 25, 2002

  
Estate of Stephens, No. S095401., SUPREME COURT OF CALIFORNIA, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: Where a woman took care of her father for six years, and prior to his death the father orally instructed that the woman sign his name to the deed of his house, thus transferring the house to the woman, the transfer was valid.

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In re Ellis, No. B153207., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: In case involving reserved jurisdiction over a postretirement medical subsidy, even assuming that husband earned his right to the subsidy in part by his employment during the marriage, benefit to him was not property divisible as community property.

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People v. Cash, No. S029460., SUPREME COURT OF CALIFORNIA, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: Prejudicial error during death-qualification voir dire of the jury in defendant's murder trial warranted reversal of his death sentence.

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People v. Saldana, No. B154347., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: Where police received tip that gray station wagon was parked in lot and driver was carrying gun and kilo of cocaine, police saw car and license indicated driver was wanted, uncorroborated tip was insufficient to justify search and seizure.

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People v. Statum, No. S097715., SUPREME COURT OF CALIFORNIA, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: Where a sentencing court reduced defendant's felony conviction in an alternative felony/misdemeanor offense to a misdemeanor, the State had the right to appeal that order as it modified the offense to a lesser offense.

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People v. Washington, No. B152891., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: As cost of extraditing probationer who absconded from probation supervision was reasonable cost of probation supervision, defendant, probationer who absconded, was required to pay for costs of his extradition from Alabama.

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People v. Wilkinson, B145982 c/w B154520, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 25, 2002, Filed
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Overview: Defendant's equal protection rights were violated as statutes that proscribed battery on an custodial officer allowed a more serious offense of battering an officer with injury to be punished less severely than battering an officer without injury.

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Rancho Viejo, LLC v. Tres Amigos Viejos, LLC, No. D036980., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: California law exempting prescribed agricultural activities from nuisance liability precluded a landowner's suit against a farming company for damages after water imported by the farming company flowed onto and damaged landowner's adjoining property.

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Riley v. Hilton Hotels Corp., No. B153812., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 25, 2002, Decided , July 25, 2002, Filed
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Overview: Judgment on the pleadings was reversed and remanded, as a local ordinance was substantively changed, there was no basis for retroactive application, and California law provided a private right of action to redress violations of city ordinances.

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Travis v. County of Santa Cruz, H021541, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 25, 2002, Filed
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Overview: The 90-day limitation period applicable to actions involving challenges to the facial validity of a land-use regulation barred a challenge to the second dwelling unit ordinance imposed by Santa Cruz County, California.

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