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   State Courts - California - October 24, 2000

  
Cedars-Sinai Imaging Medical Group v. Superior Court, B142626, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, October 24, 2000, Filed
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People v. Olmsted, No. C032412., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, October 24, 2000, Decided
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Overview: Conviction of possession of ammunition which contained or consisted of any flechette dart was improper; statute required tail fins at least 5/16 of an inch long, and testimony did not prove fins on defendant's items met requirement.

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People v. One Ruger .22-Caliber Pistol, No. B136093., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, October 24, 2000, Decided
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Overview: The forfeiture statute was constitutional, and the testimony of an examining psychiatrist was admissible in a hearing under the forfeiture statute, and was not covered by the psychotherapist-patient privilege.

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Rallis v. Cassady, B127047 cons. w/ B131724, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, October 24, 2000, Filed
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Overview: In a legal malpractice suit, triable issues of fact existed as to the running of the statute of limitations, precluding summary judgment.

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Sheehy v. Franchise Tax Bd., No. G021719., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, October 24, 2000, Decided
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Overview: Ten percent interest charged on tax due by plaintiffs was not usurious because debt was neither loan nor forbearance; thus constitutional prohibition of usury was not applicable. True purpose was not "hire of money" but a penalty.

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