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   State Courts - California - June 25, 2009

  
In re Jenkins, C059321, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 25, 2009, Filed
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Overview: Inmate subject to nonadverse transfer was not entitled to additional work/school performance points for time he did not actually participate in a work, school, or vocational program; Cal. Code Regs., tit. 15, § 3375.4, specified that favorable points should not be granted for average or above average performance for inmates not assigned to program.

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Komarova v. National Credit Acceptance, Inc., A121316, A122041, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, June 25, 2009, Filed
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Overview: Statute of limitations did not bar debt collection claims for harassing phone calls to an employer, even if the collection target had stopped working there, because Civ. Code, § 1788.11, subd. (e), did not require that a plaintiff answer harassing collection calls before they could be actionable. The calls were a continuing course of conduct.

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People v. Cervantes, Crim. No. B209350, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 25, 2009, Filed
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People v. Dieck, S158076, SUPREME COURT OF CALIFORNIA, June 25, 2009, Filed
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Overview: Because Pen. Code, § 4019, entitled a defendant to conduct credit if he was sentenced to, or otherwise committed for, at least six days, without regard to duration of presentence confinement, defendant was entitled to conduct credit based on five days he spent in presentence custody; thus, court erred in awarding credit only for actual time served.

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State Farm Gen. Ins. Co. v. Mintarsih, B202888, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 25, 2009, Filed
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Overview: A trial court erred in finding that an insurer was obliged to provide coverage for compensatory damages awarded against its insureds in their domestic servant's underlying action arising from her employment because Ins. Code, § 533, precluded indemnity for the compensatory damages awarded against the insureds for false imprisonment and negligence.

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Terry v. Slico, A123310, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 25, 2009, Filed
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Overview: Because, pursuant to Code Civ. Proc., § 2020.510, service of a deposition subpoena on a nonparty witness was effective despite the absence of a supporting affidavit or declaration, a trial court did not err in imposing reasonable monetary sanctions for his failure to comply with the subpoena demanding his testimony and the production of documents.

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