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State Courts -
California - January 13 - January 17, 2006
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Christie v. City of El Centro, D044792,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 13, 2006, Filed
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Overview: Where a judge was disqualified under Code Civ. Proc., § 170.1, subd. (a)(6), at the time he granted city's motion for nonsuit of arrestee's false arrest and wrongful imprisonment action because he had discussed the case with a previously disqualified judge, nonsuit ruling was null and void and had to be vacated regardless of a showing of prejudice.
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Placer County Local Agency Formation Com. v. Nevada County Local Agency Formation Com., C047697,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 13, 2006, Filed
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Overview: Placer County Local Agency Formation Commission (LAFCO), not Nevada County LAFCO, had jurisdiction over planning matters under Cortese-Knox-Hertzberg Local Government Reorganization Act because Gov. Code, § 56387, gave principal county jurisdiction over spheres of influence and service reviews of multicounty districts within neighboring counties.
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ARP Pharmacy Services, Inc. v. Gallagher Bassett Services, Inc., B179537, B181354,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 17, 2006, Filed
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Overview: Requirement in Civ. Code, § 2527, that drug claims processors provide to their clients drug processing cost reports violated processors' free speech rights under Cal. Const., art. I, § 2. Statute was not narrowly tailored to accomplish compelling state interest, nor did it have the least restrictive impact on processors' free speech rights.
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Carson Gardens, L.L.C. v. City of Carson Mobilehome Park Rental Review Bd., B180308,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 17, 2006, Filed
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Overview: Where a municipal rent control board used an improper method of calculating a rent increase, the trial court erred in setting the amount of rent; because Code Civ. Proc., § 1094.5, subd. (f), did not permit the trial court to limit the board's discretion in this way, a remand was necessary for the board to apply the proper method of analysis.
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Torres v. Torres, B179146,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 17, 2006, Filed
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Overview: Principal created valid power of attorney, even though in using the statutory form she placed an X instead of her initials on the line conferring the powers. Prob. Code, § 4123, did not require the principal to use her initials to designate the powers she was granting; any meaningful expression of the principal's intent would suffice.
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