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Case Summaries
 May 06, 2004-CDN
 

California Appellate Court
Case Law Case Summaries: May 06, 2004
2004/05/06 Thu PM 01:17:40 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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California Appellate Districts
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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.

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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.

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

CRIMINAL LAW & PROCEDURE
PEOPLE v. LIMA, No D041856 (Cal. 4th App. Dist. May 04, 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.

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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.

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FINDLAW DAILY OPINION SUMMARIES - May 04, 2004
CALIFORNIA CASE LAW SUMMARIES
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Opinion Summaries Archive September 2000 to the Present
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