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State Courts -
California - January 26, 2010
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Ho v. Hsieh, B211501,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 26, 2010, Filed
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Overview: In an enforcement action under Cal. U. Com. Code, ? 8112, regardless of whether equity jurisdiction might otherwise allow transfer of shares, the trial court erred when it found that the shares sought to be reached by the judgment creditor had no value but ordered the shares transferred to the creditor with no reduction in the outstanding judgment.
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In re Desiree M., D055670,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 26, 2010, Filed
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Overview: In an appeal from termination of parental rights, mother lacked standing to argue that her 12- and 14-year-old daughters were not properly notified of a continued Welf. & Inst. Code, ? 366.26, hearing because she was attempting to assert a statutory right that belonged solely to the children, who were represented by counsel and did not appeal.
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Manuel C. v. Superior Court, No. B220163,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 26, 2010, Filed
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Overview: In a new dependency proceeding that was filed after the juvenile court terminated dependency jurisdiction in an earlier action, a father's peremptory challenge to a court commissioner was timely under Code Civ. Proc., ? 170.6, where the father filed the peremptory challenge within 10 days of his appearance in the new proceeding.
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People v. Brown, B211558,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 26, 2010, Filed
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Overview: Appeal from a drug conviction could not proceed without a Pen. Code, ? 1237.5, certificate of probable cause because the denial of a request to appoint counsel to move for plea withdrawal did not qualify as a post-plea event under Cal. Rules of Court, rule 8.304(b)(4), although defendant sought a remand instead of directly challenging the ruling.
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People v. Hernandez, E047219,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 26, 2010, Filed
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Overview: In a case in which absence of one of defendant's three prior convictions rendered current offenses misdemeanors, Pen. Code, ? 1387, did not bar continuation of case as misdemeanor prosecution; case continued on original trajectory, without additional harassment to defendant, possibility of forum shopping, or endangering his right to a speedy trial.
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