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   State Courts - California - August 23 - August 25, 2000

  
People v. Hector, No. B124669., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 23, 2000, Decided
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Overview: Appellant minor's convictions were affirmed because the totality of the circumstances surrounding the interrogation indicated that appellant did not intend to invoke his Miranda rights by asking to speak with his mother.

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West Shield Investigations & Sec. Consultants v. Superior Court, H019973, H019976, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 23, 2000, Filed
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Armendariz v. Found. Health Psychcare Servs., No. S075942., SUPREME COURT OF CALIFORNIA, August 24, 2000, Decided
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Overview: Mandatory arbitration agreement with multiple provisions that were unconscionable violated public policy; since the agreement could not be reformed and offending provisions could not be severed, the whole agreement was unenforceable.

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Giest v. Sequoia Ventures, Inc., No. A085342., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, August 24, 2000, Decided
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Overview: Asbestos wrongful death action against general contractor was barred by Montana 10-year statute of repose upon application of borrowing statute. Repose period began when construction was complete, 25 years before complaint was filed.

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Johnson v. City of Loma Linda, No. S074261., SUPREME COURT OF CALIFORNIA, August 24, 2000, Decided
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Overview: Plaintiff's federal claim for employment discrimination remained viable because a state court judgment that was not entitled to res judicata effect under state law could not have barred the federal claim.

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L.A. County Dep't of Children & Fam. Servs. v. Superior Court, No. B142040., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 24, 2000, Decided
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Overview: An order terminating mother's parental rights could not be set aside absent an appeal.

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People v. Mendoza, No. S008621., SUPREME COURT OF CALIFORNIA, August 24, 2000, Decided
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Overview: Evidence supported jury's true finding of criminal defendant's guilt on State's arson-murder special-circumstance allegation; counsel was reasonably effective, and instructions and sentencing were proper.

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People v. Superior Court (berryman), No. F035818., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 24, 2000, Decided
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Overview: Prisoner's filing of a petition for writ of habeas corpus constituted a litigation purpose justifying access to confidential defense preparation funding records by attorney general, and no further litigation purpose was required.

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Fire Ins. Exch. v. Hammond, No. D033347., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 25, 2000, Decided
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Overview: Under the terms of the lease the parties had no reasonable expectation that respondents were exculpated from liability for negligently caused fire damages or that appellant's policy was for their mutual benefit.

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Friends of Davis v. City of Davis, No. C029236., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 25, 2000, Decided
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Overview: Because city design ordinance did not encompass tenant approval, denial of judicial relief was upheld where the city, over some citizens' objections to a chain bookstore's lease of new retail space, had approved a design application.

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