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   State Courts - California - August 1 - August 3, 2000

  
Jimenez v. Superior Court, D034723, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 1, 2000, Filed
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Overview: Summary judgment was improperly granted to manufacturers, because manufacturers of defective windows installed in mass-produced homes were subject to strict products liability and they might have been responsible for damage to owners' homes.

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Martinez v. Bank of Am., No. B116311., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 1, 2000, Decided
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Overview: Where defendant did not have actual knowledge of the dangerous conditions of property and did not have possession or control of the property, defendant owed no duty to plaintiffs in wrongful death action.

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Michelson v. Mid-Century Ins. Co., No. B133127., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 1, 2000, Decided
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Overview: Plaintiff's earthquake insurance claim was not saved by statutory tolling of one-year limitations period.

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Katheryn S. v. Superior Court, No. G027132., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 2, 2000, Decided
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Overview: The trial court's release of a mother's counsel in dependency proceedings after she absconded with the minor child created fundamental unfairness that violated minimum due process requirements.

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Metro. Philip v. Steiger, No. H019638., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 2, 2000, Decided
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Overview: The issue of which of two factions within a local church represented the true church was an issue for ecclesiastical authorities to decide, and a civil court could not decide otherwise without violating the First Amendment.

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People v. Downey, No. B136294., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 2, 2000, Decided
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Overview: Remand needed to determine if criminal appellant's felony sentence, imposed on probation revocation, was to run concurrently or consecutively with misdemeanor sentences, because trial court erred in holding consecutive sentence required.

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W. Shield Investigations & Sec. Consultants v. Superior Court, No. H019973. No. H019976., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 2, 2000, Decided
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Overview: Emancipation of minor under California Family Code gave her the right to sue, and therefore code of civil procedure's provision tolling causes of actions for minors did not apply.

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People v. Hsu, No. A088201., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, August 3, 2000, Decided
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Overview: The statute prohibiting distribution of lewd matter to a minor via the Internet for seduction purposes was constitutional in that it did not violate the Commerce Clause, survived strict scrutiny, and survived vagueness and overbreadth challenges.

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Post v. Palo/Haklar & Assocs., No. S081910., SUPREME COURT OF CALIFORNIA, August 3, 2000, Decided
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Overview: Where an administrative claim for unpaid wages was summarily dismissed after a hearing on the ground that plaintiff was not an employee, plaintiff was entitled to appeal the dismissal of the claim to the superior court.

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