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State Courts -
California - January 7 - January 9, 2009
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Exxon Mobil Corp. v. Office of Envtl. Health Hazard Assessment, B204987,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 7, 2009, Filed
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Overview: Listing of di-isodecyl phthalate as a chemical known to cause reproductive toxicity under Health & Saf. Code, § 25249.8, subd. (a), and Cal. Code Regs., tit. 27, § 25306, was proper; although an authoritative body's report did not specify that the experimental animal data were sufficient, it contained enough analysis to support that conclusion.
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Solano v. Superior Court, G040592,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 7, 2009, Filed
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Overview: After a preliminary hearing at which a minor was not held to answer for any crime for which direct filing under Welf. & Inst. Code, § 707, subd. (d)(2), was permitted, the prosecutor could seek review of the magistrate's findings in the criminal court by filing an information before the case was transferred to the juvenile court.
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Tritek Telecom, Inc. v. Superior Court, D053073,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 7, 2009, Filed
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Overview: Corporate director who had filed a shareholder action against the corporation and another shareholder in his individual capacity did not have the right under Corp. Code, §§ 1602, 1603, to access documents that were covered by the attorney-client privilege and that were generated in defense of the suit filed by the director against the corporation.
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Prospect Medical Group, Inc. v. Northridge Emergency Medical Group, S142209,
SUPREME COURT OF CALIFORNIA, January 8, 2009, Filed
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Overview: Under the Knox-Keene Health Care Service Plan Act of 1975, Health & Saf. Code, § 1340 et seq., emergency care providers could not bill patients directly for the balance of their bills after receiving reimbursement from health care service plans; thus, individual practice associations could maintain a declaratory action challenging such billing.
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Tecklenburg v. San Joaquin County Appellate Div. of the Superior Court, C055368,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 8, 2009, Filed
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Overview: In a trial under Pen. Code, § 311.11, subd. (a), substantial evidence supported a finding that defendant knowingly possessed or controlled child pornography in temporary Internet files (TIF) or cache files, even without evidence that he was aware of the TIF or cache, because defendant actively searched for and viewed child pornography Web sites.
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People v. Bowers, F054686,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 9, 2009, Filed
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Overview: Substantial evidence supported an extended commitment for mental health treatment under Pen. Code, § 1026.5, subd. (b)(1), based on dangerous behavior by a person with a history of violence; while in a conditional release program, she consumed alcohol, attempted suicide, and made unsubstantiated accusations of criminal behavior by another person.
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People v. Cabonce, A117286,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 9, 2009, Filed
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Overview: After instructing the jury pursuant to CALJIC Nos. 4.00, 4.02, in an assault case, the trial court did not err in giving a supplemental instruction that insanity might not be proved when the mental disease or mental defect was caused primarily by addiction or substance abuse; the trial court stated the law correctly under Pen. Code, § 25.5.
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