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   State Courts - California - July 13 - July 17, 2006

  
California Assn. of Private Special Education Schools v. Department of Education, B181843, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 13, 2006, Filed
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Overview: Under Ed. Code, § 56366.6, and Cal. Code Regs., tit. 5, § 3068, the Department of Education could suspend certifications of nonpublic, nonsectarian schools that provided services to disabled children without a prior hearing because there was a compelling interest in ensuring that such schools were operated in a safe and lawful fashion.

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Kearney v. Salomon Smith Barney, Inc., S124739, SUPREME COURT OF CALIFORNIA, July 13, 2006, Filed
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Overview: Clients who resided in California could maintain an invasion of privacy action brought against a financial services company to enjoin undisclosed recording of telephone calls made to a branch office in Georgia, although such recording was lawful in Georgia, because the application of Pen. Code, § 632, would not severely impair Georgia's interests.

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People v. Anzalone, D044138, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 13, 2006, Filed
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Overview: In a case in which defendant was charged with four counts of attempted murder, the prosecutor committed misconduct when he misstated the law relevant to the definition of attempted murder by telling the juror that two shots could amount to four attempted murders based on a zone of danger theory.

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People v. Jenkins, B181966, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, July 13, 2006, Filed
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People v. McCann, B184262, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 13, 2006, Filed
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Overview: Where defendant, an orthopedic surgeon, could not possibly have been guilty of practicing medicine without a license because he had a valid license to practice medicine, the trial court erred in denying defendant's motion for a finding of factual innocence pursuant to Pen. Code, § 851.8.

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Pilimai v. Farmers Ins. Exchange Co., S133850, SUPREME COURT OF CALIFORNIA, July 13, 2006, Filed
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Overview: Uninsured motorist arbitration was a contractual arbitration within the meaning of Code Civ. Proc., § 998, and an insurer that refused a settlement demand was subject to the cost-shifting provisions of § 998 after the arbitrator found that the insured was entitled to recover damages in an amount that exceeded the insured's settlement offer.

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People v. Estrada, C047785, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 14, 2006, Filed
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Overview: In a case involving charges of attempted robbery, burglary, and theft, the trial court did not violate the Sixth Amendment by soliciting assurances from prospective jurors that, if chosen, they would not engage in jury nullification because it was the judge's responsibility to remove prospective jurors who would not follow instructions impartially.

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Auerbach v. Assessment Appeals Bd. No. 1, S134920, SUPREME COURT OF CALIFORNIA, July 17, 2006, Filed
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Overview: Trusts that owned real property subject to a ground lease of less than 35 years, and not the lessee, owned a building constructed by the lessee for purposes of determining whether ownership had changed under Rev. & Tax. Code, § 60; thus, a change in ownership of the trusts' interest in the property included the building as well as the land.

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Blum v. Superior Court, No. B189560, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 17, 2006, Filed
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Overview: In a wrongful termination case in which an employee asserted violations of the California Fair Employment and Housing Act, Gov. Code, § 12900 et seq., the employee's attorney could verify the Department of Fair Employment and Housing (DFEH) complaint for the employee by subscribing his or her own name to the DFEH complaint.

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People v. Moore, S125314, SUPREME COURT OF CALIFORNIA, July 17, 2006, Filed
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Overview: Outright reversal of a criminal conviction was not an appropriate remedy where no evidence was presented at a suppression hearing that officers knew about a parole condition justifying a warrantless search because the knowledge requirement was a significant change in the law that postdated the suppression hearing under Pen. Code, § 1538.5.

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