California, March, 2002, State Case law

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State Courts - California - March 22 - March 25, 2002

Gee v. Workers' Comp. Appeals Bd., No. F038425., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 22, 2002, Decided
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Overview: Where claimant was awarded workers' compensation benefits relating to her two cumulative injuries and nothing for her alleged specific injury, board erred by not weighing the medical evidence in light of the treating physician's presumption.

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In re Marriage of Rassier, No. B145310., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 22, 2002, Decided
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Overview: California trial court was precluded from modifying or terminating a Florida spousal support order, even though neither party resided in Florida; court in Florida had continuing and exclusive jurisdiction to modify or terminate obligation.

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People v. Arroyas, No. B147995., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 22, 2002, Decided
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Overview: Vandalism, as a crime against the public, was treatable as a felony for sentencing purposes at the judge's discretion.

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People v. Black, F033914, F038143, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 22, 2002, Filed
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Overview: Where defendant was staying in codefendant's apartment, and they were both arrested on drug charges, defendant's probation status could not be used to validate search as to codefendant, and codefendant had reasonable expectation of privacy.

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People v. Turner, No. C037315., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 22, 2002, Decided
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Overview: Where trial court had no discretion to refuse to impose a laboratory analysis fee and related penalty assessments on defendant, appellate court modified the judgment to impose them.

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Renee J. v. Superior Court, No. G029791., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 22, 2002, Decided
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Overview: Where trial court terminated the reunification services of mother with her daughter, the trial court erred in applying state supreme court's interpretation of statute, since legislature overrode that interpretation by amending statute.

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Jakubowsky v. MCI Telecommunications Corp., C035906, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 25, 2002, Decided , March 25, 2002, Filed
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Jarrow Formulas, Inc. v. LaMarche, B146708, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 25, 2002, Filed
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Overview: A malicious prosecution complaint was subject to a special motion to strike; plaintiff's cause of action arose out of attorney's free speech actions.

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