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State Courts -
California - January 26, 2007
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Gilbert v. Sykes, C050766,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 26, 2007, Filed
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Overview: In a medical malpractice action, a plastic surgeon's cross-complaint for defamation should have been struck under the anti-SLAPP statute, Code Civ. Proc., ? 425.16, because the surgeon was a limited purpose public figure and he failed to show that statements on the patient's Web site were both false and published with actual malice.
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People v. Price, A111081,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, January 26, 2007, Filed
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Overview: Because a petition to extend defendant's commitment in a psychiatric hospital was not filed at least 90 days before its expiration as required by Pen. Code, ? 1026.5, subd. (b)(2), defendant was not given adequate time to prepare for trial. Thus, defendant's due process rights were violated.
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Williams v. Superior Court, D048962,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 26, 2007, Filed
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Overview: In a wrongful death action on behalf of a decedent's minor children, there was no error in appointing the children's maternal grandmother as guardian ad litem under Code Civ. Proc., ? 372, because the father, who had a conflict of interest, did not have constitutional right to select the guardian ad litem, even if he preferred his own parents.
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