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   State Courts - California - July 19 - July 22, 2002

  
Fletcher v. Superior Court, No. A096372., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 19, 2002, Decided , July 19, 2002, Filed
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Overview: A police department was not entitled to withhold from a defendant discovery concerning the arresting officers' past employment history because the privilege protecting officers did not prevent the disclosure of such materials.

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Furman v. Department of Motor Vehicles, No. H022764., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 19, 2002, Decided , July 19, 2002, Filed
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Overview: Reinstatement of driving privileges was affirmed when the department of motor vehicles as the proponent of the forensic alcohol analysis failed to establish that a person with an official duty had prepared it.

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People v. Westbrook, No. B158267., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 19, 2002, Decided , July 19, 2002, Filed
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Overview: The trial court's order denying defendant's request for placement in a drug treatment program was reversed because his prior juvenile adjudication for robbery was not a "conviction" that disqualified him from the treatment program.

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E.M.M.I., Inc. v. Zurich American Insurance Co., B152740, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 22, 2002, Filed
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Overview: Loss of jewelry stolen from a travelling salesperson's car was not covered by his jeweler's block insurance policy, the salesperson was not actually in the car at the time of the theft.

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In re Marriage of Carpenter, No. B150606., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, July 22, 2002, Decided , July 22, 2002, Filed
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Overview: Dissolution award of $ 415,000 to ex-husband as reimbursement for separate property contribution to marriage, and spousal support awarded ex-wife with no ruling on modifiability, were upheld. Quitclaim of title to community property was not gift.

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Jordan v. Department of Motor Vehicles, Nos. C038339, C038343, C038735., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 22, 2002, Decided , July 22, 2002, Filed
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Overview: An award of over $ 88 million in public monies pursuant to statutory authority for an arbitration in the settlement of an $ 18 million dispute over smog impact fees was an unconstitutional gift of public funds.

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Ogborn v. City of Lancaster, No. B150712., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, July 22, 2002, Decided , July 22, 2002, Filed
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Overview: Because there was no statutory provision that operated to render a code enforcement officer immune from certain tenants' conversion claim, the city was also potentially liable under the claim.

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People v. Gurule, No. S018815., SUPREME COURT OF CALIFORNIA, July 22, 2002, Decided , July 22, 2002, Filed
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Overview: Where defendant was convicted of the first-degree murder of a woman while defendant was already serving a sentence for second-degree murder of another woman, the death penalty was warranted.

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People v. Rodriguez, No. S098821., SUPREME COURT OF CALIFORNIA, July 22, 2002, Decided , July 22, 2002, Filed
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Overview: In a case involving continuous sexual abuse of a child, the trial court did not err in failing to give clarifying instructions on its own motion; the term "recurring access" had a commonly understood meaning.

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