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   State Courts - California - December 16 - December 20, 1999

  
Giuffre v. Sparks, No. F030933., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, December 16, 1999, Decided
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Overview: Sheriff-coroner's decision to remove one of his police officers from the county SWAT team was violative of due process requirements because officer was not provided with a full evidentiary hearing.

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People v. Ryan, No. A084321., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, December 16, 1999, Decided
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Overview: Evidence supported putative father's lack of custody to support the abduction conviction. Failure to give definition in instruction was error, but its omission was harmless when evidence established that child was abandoned.

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Sharon P. v. Arman, No. S063612., SUPREME COURT OF CALIFORNIA, December 16, 1999, Decided
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Overview: Occurrence of violent sexual assault in garage not sufficiently foreseeable to support requirement of duty security be provided, when no assaults occurred on premises during 10 years preceding attack upon plaintiff.

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Stone v. Regents of Univ. of Cal., No. G020281., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, December 16, 1999, Decided
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Overview: University did not abuse discretion in refusing to defend employee in civil suit arising from improprieties at fertility clinic, as substantial evidence existed to support its conclusion he acted outside scope of employment.

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Farmers Ins. Exch. v. Hurley, E023510, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 17, 1999, Filed
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People v. Davis, D030958, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 17, 1999, Filed
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Overview: Conduct described in three strikes legislation included rape in concert, a crime worthy of greater punishment although not listed in statute. Instruction created permissive inference but did not relieve prosecution's burden.

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Estate of Mitchell, No. E023094., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, December 20, 1999, Decided
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Overview: Husband's unilateral declarations of severance of jointly-held property, filed while divorce proceedings were pending, did not violate court's restraining orders, so husband's interests passed to his estate after his death.

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In re Zachary G., No. D033567, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, December 20, 1999, Decided
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Overview: There was no abuse of discretion in denying a petition for reunification and in terminating parental rights, since there was no evidence that it was in child's best interests to return him to appellant.

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People v. Castellon, No. G023144., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, December 20, 1999, Decided
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Overview: Conviction of possession of heroin was upheld because the officer had probable cause for the initial stop of the vehicle and when defendant exited the vehicle the officer was justified in ordering the defendant to stop.

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