Wednesday, April 13, 2011

Daily Opinion Summaries for California Appellate Districts - 04/12/2011

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Daily Opinion Summaries
California Appellate Districts

April 12, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Civil Procedure, Contracts, Insurance Law
R.S. v. Pacificare Life and Health Ins. Co.

Civil Procedure, Property Law & Real Estate
City of Los Angeles v. Superior Court (Plotkin)

Criminal Law & Procedure, Sentencing, Evidence
People v. Villatoro

Criminal Law & Procedure, Sentencing, Health Law
People v. Murdoch

Criminal Law & Procedure, Evidence
People v. Magee

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LATEST SUMMARIES

Civil Procedure, Contracts, Insurance Law
R.S. v. Pacificare Life and Health Ins. Co., No. B223723
In a dispute arising from an action for breach of insurance policy and state application of the full faith and credit clause of the United States Constitution, judgment of the trial court dismissing action is affirmed where under sister-state laws, claims were counterclaims that should have been raised in preceding, sister-state action. Read more...

Civil Procedure, Property Law & Real Estate
City of Los Angeles v. Superior Court (Plotkin), No. B225082
In a petition for a writ of mandate arising from an action for inverse condemnation, summary judgment in favor of real parties on the ground that the creation of condemnation blight resulted in a constitutional takings is reversed, because real parties failed to present facts necessary to sustain a Klopping claim for precondemnation damages. Read more...





Criminal Law & Procedure, Sentencing, Evidence
People v. Villatoro, No. B222214
Conviction and sentencing of defendant on an assortment of kidnapping, robbery, rape, and sex crime charges is upheld where: 1) modified CALCRIM No. 1191 was proper; 2) testimony by witness regarding a rape exams she did not perform was not a Sixth Amendment violation; 3) admission of a preliminary hearing testimony into evidence was not erroneous; 4) testimony was properly admitted as prior consistent statement; 5) CALCRIM No. 220 instruction was proper; and 6) sufficient evidence supports the finding that the use of a stun gun by defendant constituted deadly or dangerous weapon. Read more...

Criminal Law & Procedure, Sentencing, Health Law
People v. Murdoch, No. G043313
Conviction and sentencing of defendant for assault with a deadly weapon and battery with serious bodily injury is vacated where court, following a Penal Code section 1368 continuance, reinstated criminal proceedings despite refusal of incompetent defendant to take curative measures so that he may become competent to stand trial, and where court granted motion by defendant to represent himself. Read more...

Criminal Law & Procedure, Evidence
People v. Magee, No. A124598
In a dispute arising from a criminal charge against defendant for possession of a cocaine base for sale, judgment of trial court suppressing evidence as the fruit of an illegal search is reversed where defendant had no reasonable expectation of privacy in the home or the bathroom of a friend. Read more...

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