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   State Courts - California - July 10 - July 11, 2000

  
Barnes v. Workers' Comp. Appeals Bd., No. S082111., SUPREME COURT OF CALIFORNIA, July 10, 2000, Decided
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Overview: Statutory provision deprived respondent board of jurisdiction over respondent employer's petition to terminate future liability for workers' compensation benefits which was filed more than five years from date of injury.

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Lealao v. Benefit Cal., No. A085992., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 10, 2000, Decided
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Overview: The court granted class action appellants' motion for a new trial on the issue of attorney fees, because the trial court abused its discretion in awarding attorney fees based solely on a percentage of the class benefit.

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Montenegro v. Diaz, E025810, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 10, 2000, Filed
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Overview: Trial court's award of custody of child to father was reversed because there was insufficient evidence that changed circumstances rendered it essential or expedient to take child away from mother and give him to father.

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People v. Cox, No. S070959, No. B118572., SUPREME COURT OF CALIFORNIA, July 10, 2000, Decided
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Overview: Trial court's instruction on involuntary manslaughter was in error where it stated that misdemeanor battery was an inherently dangerous offense in the abstract; remanded to determine whether the instruction was prejudicial.

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People v. Fountain, No. C028465., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 10, 2000, Decided
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Overview: Defendant's prior juvenile adjudication for battery with serious bodily injury was not a strike since no proof defendant employed means likely to have caused great bodily injury.

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People v. Mitchell, B123823, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 10, 2000, Filed
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Overview: In a criminal appeal, the court imposed a stay on one of appellant's two life sentences following multiple felony convictions for drunk driving. The court denied the People's request for a correction of the abstract of judgment.

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Catalano v. Superior Court, No. F034292., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 11, 2000, Decided
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Overview: Piecemeal adjudication of factual allegations supporting punitive damages claim was prohibited unless entire punitive damages claim could have been eliminated.

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Lindstrom v. Hertz Corp., B128724, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, July 11, 2000, Filed
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People v. Cain, No. E025274., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 11, 2000, Decided
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Overview: Restitution order was supported by substantial evidence and defendant did not have a state or a federal constitutional right to call as a witness and cross-examine the psychotherapist who provided counseling to the victim.

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People v. Campbell, No. D034190., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 11, 2000, Decided
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Overview: Order setting aside tying or binding allegation reversed. Binding victim's head with tape rendered her more vulnerable, and came within statutory prohibition on tying or binding of victim during forcible sodomy.

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