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   State Courts - California - July 30, 2001

  
Baltayan v. Estate of Getemyan, No. B136807., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 30, 2001, Decided
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Overview: Because out-of-state plaintiff's showing of indigency was weak, trial court did not err in denying relief from security order, but it did abuse its discretion in later dismissing the case after he was granted in forma pauperis status.

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Chateau Chamberay Homeowners Assn. v. Associated Internat. Ins. Co., B137320, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 30, 2001, Filed
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Donovan v. Rrl Corp., No. S082570., SUPREME COURT OF CALIFORNIA, July 30, 2001, Decided
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Overview: A mistake in the advertised price of a used automobile provided a basis for allowing the automobile dealer to rescind the offer.

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Finegan v. County of L.A., No. B134878., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 30, 2001, Decided
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Overview: Medical evidence acquired after nurse was removed from position in psychiatric ward due to physical inability to perform his job was properly admitted to rebut his showing on prima facie element of his ability to perform his job under FEHA.

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German v. Superior Court, No. B148154., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 30, 2001, Decided
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Overview: In limited procedural circumstance, defendant could not be retried on remand for conspiracy to commit murder where he had been impliedly been acquitted of that crime by jury that convicted him of conspiracy to commit second degree murder.

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Montenegro v. Diaz, No. S090699., SUPREME COURT OF CALIFORNIA, July 30, 2001, Decided
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Overview: In a child custody dispute, the trial court properly applied the best interest standard.

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People v. Reeves, No. A078462., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, July 30, 2001, Decided
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Overview: DNA evidence was properly used to convict appellant of several burglaries and sexual offenses; the procedures used in admitting the DNA evidence had gained general acceptance in the scientific community.

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People v. Youngblood, No. C033929., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2001, Decided
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Overview: Defendant charged with felony animal cruelty was not entitled to a jury instruction on the defense of necessity.

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Placer Ranch Partners v. County of Placer, No. C032561., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 30, 2001, Decided
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Overview: Substantial evidence supported county's decision to create a one-mile buffer area around its landfill, as the restriction was a valid exercise of the county's police powers.

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