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   State Courts - California - February 18, 2009

  
D.B. v. Superior Court, A123439, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 18, 2009, Filed
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Overview: Juvenile court properly denied reunification services pursuant to Welf. & Inst. Code, ? 361.5, subd. (b)(13), based on father's history of drug use and his failure to comply with court-ordered treatment. Section 361.5, subd. (b)(13)'s reference to "court-ordered treatment" was construed to include treatment ordered as a condition of parole.

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People v. Murillo, H032409, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 18, 2009, Filed
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Overview: A condition of probation requiring defendant to take any and all medication prescribed by her doctor was unconstitutionally vague and overbroad. Any medication requirement imposed would have to be narrowly drawn and involve no greater constitutional infringement that was reasonably necessary to achieve the purposes of probation.

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Roodenburg v. Pavestone Co., L.P., C055116, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 18, 2009, Filed
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Overview: In a case determining how much one party would have to pay to buy out another party's interest in their limited liability company, the uncertainty in the amount of damages did not bar prejudgment interest because Civ. Code, ? 3287, subd. (a), did not apply where prejudgment interest was part of the contractual amount owed.

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Sanai v. Saltz, B198217 and B202787, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 18, 2009, Filed
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Sunnyvale Unified School Dist. v. Jacobs, H031721, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, February 18, 2009, Filed
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Overview: A challenge to a school district's decision not to reelect a probationary teacher could not be made by way of a grievance alleging breach of the collective bargaining agreement. Collective bargaining rights granted by the California Educational Employment Relations Act did not supersede the provisions of the California Education Code.

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