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   State Courts - California - July 30, 2002

  
Armenta v. Superior Court, No. B157775., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: Two parties retained experts and obtained expert materials for the purpose of their action against certain companies; one party did not have the right to waive the other party's work product privilege to the materials.

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City of Ripon v. Sweetin, Nos. C036592, C037212., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: Trial court erred in submitting to the jury evidence of a city's allegedly unreasonable pre-condemnation conduct because this was a matter for the court, and property owners were not entitled to an adjudication on the issue because they waived it.

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Grant-Burton v. Covenant Care, Inc., B151342, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 30, 2002, Filed
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In re Ryan D., No. C035092., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: Where minor painted picture depicting minor shooting officer in back of head, minor turned it in as class project, and court held minor made criminal threat, evidence failed to establish minor intended to convey threat to officer.

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Julian v. Hartford Underwriters Ins. Co., B149088, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 30, 2002, Filed
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Overview: Where insureds lost suit against insurer for breach of contract, policy contained exclusion for several possible efficient proximate causes of loss, and regardless of which cause was proximate cause, insurer did not owe benefits to insureds.

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Neal v. Health Net, Inc., No. B153290., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: Under California law, disqualification was inappropriate for mere exposure by an attorney to confidential information.

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Park Terrace Limited v. Teasdale, No. G029283., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: Where partner and real estate broker acted on behalf of other partners when negotiating loans for real estate investment, the requirement that the broker "arranged" the loan was satisfied and lenders were exempt from statutory usury limitations.

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People v. Canty, C039187, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2002, Filed
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Overview: Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, covered only the limited conduct of defendants related to drug use. Impaired driving was conduct outside the permitted activity, and placed defendant outside statute.

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People v. Griffin, B152731, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 30, 2002, Filed
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Overview: Defendant's forcible rape conviction was reversed because the evidence did not show that defendant held the victim's wrists in response to the victim's reluctance to engage in sexual activity, and the jury was improperly instructed.

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People v. Watie, No. C035402., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2002, Decided , July 30, 2002, Filed
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Overview: There was no error in the trial court's jury instructions in defendant's murder trial because the instructions on the victim's right to defend himself and his home and defendant's right to use deadly force properly stated the law.

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