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   State Courts - California - January 15 - January 19, 2010
  
California Correctional Peace Officers Assn. v. Virga, A123989, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 15, 2010, Filed
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Overview: Attorney fees and costs could not be awarded pursuant to Code Civ. Proc., ? 1038, after the trial court granted summary judgment to state officials on a 42 U.S.C. ? 1983 claim brought by a union and its members alleging retaliation for political activity; ? 1038 applied only to state claims and was inapplicable to federal civil rights claims.

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UDC-Universal Development, L.P. v. CH2M Hill, H033610, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 15, 2010, Filed
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Overview: A trial court did not err in ruling that a consultant had a duty to defend a developer upon the developer's request pursuant to Civ. Code, ? 2778, where the contract between the parties called for a defense when any claim against the developer implicated the consultant's performance of its role in the project at issue.

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Adoption of M.S., C060992, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 19, 2010, Filed
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Overview: Trial court correctly concluded that Fam. Code, ? 9100, could not be used to undo a Ukrainian adoption of a Ukrainian child by plaintiffs. It was only reasonable to require plaintiffs' petition to vacate the adoption to be filed in the court that had the records of the original adoption.

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Nieto v. Blue Shield of California Life & Health Ins. Co., B214669, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, January 19, 2010, Filed
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Overview: Insurer was entitled to rescind a health policy based on concealment under Ins. Code, ?? 330, 331, 332, 359, of chronic back problems and related medications and doctor visits; these facts were material as defined in Ins. Code, ? 334, based on two underwriters' declarations that the insurer would not have issued the policy had they been disclosed.

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People v. Dominguez, B212967, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 19, 2010, Filed
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