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   State Courts - California - August 12, 2002

  
Bird v. Saenz, No. S095474., SUPREME COURT OF CALIFORNIA, August 12, 2002, Decided , August 12, 2002, Filed
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Overview: Because the daughters were not physically present at the scene of the injury-producing event surrounding their mother when it occurred, they were not entitled to recover damages under their claim for negligent infliction of emotional distress.

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Kahn v. Chetcuti, No. A096670., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, August 12, 2002, Decided , August 12, 2002, Filed
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Overview: Arbitrator had authority, under arbitration agreement between seller and buyers of home, to award attorney's fees, and the validity of the arbitrator's reasoning in making such an award was not subject to judicial review.

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Panther v. Park, D039601, D039633, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 12, 2002, Filed
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Overview: The disqualification of an attorney based on that attorney's earlier adverse representation did not automatically lead to vicarious disqualification of a law firm in a different but substantially related litigation.

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People v. Calabrese, No. G027096., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 12, 2002, Decided , August 12, 2002, Filed
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Overview: Trial court did not err in denying motion to quash the search warrant and suppress the evidence seized as the California Constitution forbid suppression of evidence simply because defendant was not shown the search warrant.

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People v. Chavez, F034110, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 12, 2002, Filed
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Overview: Although a court erred by instructing the jury on felony-murder, in defendants' drive-by shooting murder trial, the error was harmless in light of an instruction that the jury needed to find a specific intent to kill.

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People v. McDermott, No. S016081., SUPREME COURT OF CALIFORNIA, August 12, 2002, Decided , August 12, 2002, Filed
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Overview: Although murder defendant argued that that the State impermissibly used peremptory challenges to remove prospective jurors on the basis of race, defendant failed to demonstrate error in the trial court's denial of her Batson motion.

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People v. Wutzke, No. S092179., SUPREME COURT OF CALIFORNIA, August 12, 2002, Decided , August 12, 2002, Filed
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Overview: Defendant, who was convicted of sexually molesting the young granddaughters of the woman with whom he lived for many years, was not their "relative" despite his claim of grandfatherly bond with victims, and could not avoid mandatory life sentences.

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