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California Civil Procedure
California Appellate Court
Case Summaries
 May 05, 2004

California Appellate Court
Case Law Case Summaries: April 30, 2004
2004/05/05 Wed PM 12:27:54 CDT
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TABLE OF CONTENTS

CONSTRUCTION, INJURY AND TORT LAW, REMEDIES
* MESA VISTA S. TOWNHOME ASS'N v. CALIFORNIA PORTLAND CEMENT CO.

CRIMINAL LAW & PROCEDURE, EVIDENCE
* PEOPLE v. JOHNSON

CRIMINAL LAW & PROCEDURE
* PEOPLE v. LIMA

INJURY AND TORT LAW, LANDLORD TENANT LAW
* VASQUEZ v. RESIDENTIAL INVS., INC.
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CONSTRUCTION, INJURY AND TORT LAW, REMEDIES

MESA VISTA S. TOWNHOME ASS'N v. CALIFORNIA PORTLAND CEMENT CO., No.
G031082 (Cal. 4th App. Dist. May 04, 2004)
In this residential construction defect case, the trial court
properly awarded damages for the repair of defective concrete where
the concrete would disintegrate in time unless repaired. The
economic loss rule does not bar the recovery of damages.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031082.pdf


CRIMINAL LAW & PROCEDURE, EVIDENCE

PEOPLE v. JOHNSON, No. G032076 (Cal. 4th App. Dist. May 04, 2004)
Defendant was entitled to an in camera inspection of responsive
documents under Evidence Code section 1045 because his Pitchess
motion satisfied the requirements of section 1043.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g032076.pdf


CRIMINAL LAW & PROCEDURE

PEOPLE v. LIMA, No. D041856 (Cal. 4th App. Dist. April 14, 2004)
Since defendant's attempt to escape the scene of a robbery by
engaging in a high-speed, dangerous chase was an intentional act
committed with a conscious disregard for life, the "provocative act"
theory of murder was properly applied.

To read the full text of this opinion, go to:
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[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d041856.pdf


INJURY AND TORT LAW, LANDLORD TENANT LAW

VASQUEZ v. RESIDENTIAL INVS., INC., No. D042575 (Cal. 4th App. Dist.
May 04, 2004)
The degree of foreseeability of a criminal intruder by the owners of
the apartment building was sufficiently high - compared with the
burden of the duty proposed by plaintiffs to replace the missing
windowpane on their front door - to support imposition of that duty
on the owners. Summary judgment for defendants in this wrongful
death action is reversed.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2004/d042575.html
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042575.pdf
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FINDLAW DAILY OPINION SUMMARIES - May 04, 2004
CALIFORNIA APPELLATE DISTRICTS
http://california.lp.findlaw.com/ca12_california_courts/appeal.html 
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
http://caselaw.lp.findlaw.com/casesummary/index.html
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