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State Courts -
California - August 5, 2002
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In re Johnny M., No. B154810.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: A trial court's order directing defendant, a minor, to pay restitution to a school district for damaged property was affirmed because the award could properly include the value of employee work product lost as the result of criminal conduct.
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McCabe v. American Honda Motor Co., Inc., No. B151816.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: In a products liability suit arising from the failure of an air bag to deploy in a frontal collision, the consumer expectation test permitted a plaintiff to establish a design defect without resort to expert testimony.
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Myers v. Philip Morris Cos., Inc., No. S095213.,
SUPREME COURT OF CALIFORNIA, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: In a tort suit filed against tobacco companies, the state supreme court held that a statute repealing an immunity statute which protected the companies effectively lifted the protection for conduct occurring outside the 10-year immunity period.
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People v. Alvarez, No. B153035.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: Appellant's convictions were upheld, but the sentencing was reversed, as application of the one strike law to the lewd conduct regarding victim A violated the ex post facto prohibitions of both the federal and state constitutions.
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People v. Verlinde, No. D037142.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: Although the trial court erred in failing to submit to the jury the issue of whether a witness was an accomplice, the error was harmless because the evidence supported defendant's conviction even if the jury disregarded the witness's testimony.
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Rosa S. v. Superior Court, No. G030556.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: The juvenile court was directed to vacate its dispositional orders and hold a new hearing, as the mother was not precluded from receiving reunification services, as she received prior services in a previous dependency proceeding.
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Swat-Fame, Inc. v. Goldstein, No. B153856.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 5, 2002, Decided , August 5, 2002, Filed
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Overview: The employee could not prevail on summary judgment in her employer's claim against her for malicious prosecution, as triable issues of fact existed; summary judgment was proper for her lawyers.
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