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   State Courts - California - November 24, 1999

  
Brinton v. Bankers Pension Servs., No. G021527., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, November 24, 1999, Decided
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Overview: The claim was barred by res judicata because securities arbitration and the present suit sought recovery for the same injury and were based on violations of the same right; the settlement agreement containing a release clause barred additional claim.

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County of Orange v. Carl D., No. G021739., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, November 24, 1999, Decided
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Overview: County's failure to provide defendant with due notice resulted in unnecessary prolongation of foster care (and welfare payments); county was estopped from inflicting further harm on defendant's family.

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In re Rashad B., No. C032603., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, November 24, 1999, Decided
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Overview: A parent was excused from a failure to file a writ petition challenging errors prior to a hearing on parental rights termination because the trial court failed to obtain the mailing address and did not notify her of a right to file a petition.

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Mac v. Bank of Am., No. A084205., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, November 24, 1999, Decided
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Overview: When a bank customer had died, the statute of limitations period and start of notification period was delayed until the statement was available to successor account holder with authority to take possession and control of estate property.

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People v. Henderson, No. F030635., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, November 24, 1999, Decided
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Overview: While appellant's pit bulls were not inherently dangerous weapons, they were so on the occasion of appellant's arrest; the fact that they were not trained to attack was irrelevant to the statute under which appellant was charged.

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Pulaski v. Occupational Safety & Health Stds. Bd., C028525, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, November 24, 1999, Filed
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Sanders v. Superior Court, No. B133621., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, November 24, 1999, Decided
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Overview: Because the state was or should have been aware that forgery and filing false document offenses were viable at the time that the original information charging defendant with grand theft was filed, the state could not add new charges.

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