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   State Courts - California - November 30, 1999

  
Conner v. Conner, No. B128736., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, November 30, 1999, Decided
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Overview: Judgment on promissory note upheld because appellants' obligations under their personal guarantee remained unchanged notwithstanding anything that occurred in the bankruptcy proceedings.

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Electro Optical Indus., Inc. v. White, No. B133110, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, November 30, 1999, Filed
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Overview: Because appellant presented little evidence of harm, and because that was balanced against the certainty that respondent would suffer at least some period of unemployment, the court balanced the hardships to favor respondent.

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Eric J. v. Betty M., No. G019117., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, November 30, 1999, Decided
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Overview: Nonsuit was proper where plaintiff pointed to no affirmative misrepresentations as to how safe her son might have been if left alone with convicted child molester; nor did she suggest family members acted to facilitate molestation.

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Garcetti v. Superior Court, No. B133053., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, November 30, 1999, Decided
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Overview: The 1996 amendments to Sexually Violent Predators Act applied to 1972 forcible rape conviction suffered by real party in interest.

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In re Carissa G., No. G023930., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, November 30, 1999, Decided
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Overview: Appellant mother lacked standing to challenge the juvenile court's decision dismissing juvenile dependency petition.

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In re Ivan T., No. B121155., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, November 30, 1999, Decided
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Overview: When a minor is found unfit to be dealt with under juvenile court law, jurisdiction with regard to any previous adjudications shall not terminate unless a proper hearing is held; thus, the court properly retained jurisdiction.

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People v. Avanessian, No. B123190., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, November 30, 1999, Decided
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Overview: The question of whether a smog certificate was a certificate under the California Vehicle Code was not a factual question and thus was properly withheld from the jury; the vehicle code did prohibit the fraudulent production of smog certificates.

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People v. Benjamin, No. C031137., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, November 30, 1999, Decided
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Overview: Evidentiary hearing on defendant's motion to suppress drug evidence was not required as he failed to show affiant in search warrant made knowing, intentional, or reckless false statement necessary to finding probable cause.

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People v. Lamb, No. A083097., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, November 30, 1999, Decided
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Overview: A plea to child molestation was set aside as involuntary because appellant was misadvised about the consequences of his plea. Appellant was not entitled to reversal based on nonprejudicial defects in accusatory instrument.

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People v. Lugas, H018805, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, November 30, 1999, Filed
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Overview: At time of last act that triggered statute as amended, existing law provided fair notice of the applicable judicial standard, thus the amended statute was applied prospectively to a petition filed after its effective date.

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