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   State Courts - California - February 11, 2010
  
California Correctional Peace Officers' Assn. v. State of California, A124221, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, February 11, 2010, Filed
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Overview: No violation of Gov. Code, ? 19849.18, occurred when correctional supervisors did not receive either a retroactive base pay increase or a health benefits increase received by the rank-and-file union members; the California Department of Personnel Administration acted within its discretion in granting supervisors the base pay increase prospectively.

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Committee for Green Foothills v. Santa Clara County Bd. of Supervisors, S163680, SUPREME COURT OF CALIFORNIA, February 11, 2010, Filed
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Overview: Mandamus action challenging trail construction was time-barred because a notice of determination without further environmental review triggered the 30-day statute of limitations in Pub. Resources Code, ? 21167, subd. (e); an allegation of failure to conduct environmental review did not bring the case within the 180-day period in ? 21167, subd. (a).

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Estate of Tolman, B215644, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 11, 2010, Filed
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Overview: Provision in decedent's will expressing an intent not to provide for unmentioned heirs and limiting to $ 1.00 the recovery of any person outside the will who successfully claimed to be her heir did not manifest an intention to preclude residual beneficiary's issue from succeeding to the residue of the estate under Prob. Code, ? 21110, subd. (a).

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People v. Ayala, A122412, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, February 11, 2010, Filed
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Overview: Where evidence establishing gang-related nature of planned assault by defendant's gang showed that escalation of the confrontation to a deadly level was reasonably foreseeable, evidence was sufficient to support defendant's conviction for second-degree murder under Pen. Code, ?? 187, subd. (a), 189, under natural and probable consequences doctrine.

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People v. Beaty, Consolidated Case Nos. F055868/F056467, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 11, 2010, Filed
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People v. Soria, S164796, SUPREME COURT OF CALIFORNIA, February 11, 2010, Filed
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Overview: Where defendant entered negotiated pleas to numerous charges in three cases and trial court disposed of each complaint individually, appellate court, which found statutory term "in every case" in Pen. Code, ?? 1202.4 & 1202.45, to be ambiguous, erred when it modified restitution order to include only one set of restitution fines.

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