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State Courts -
California - March 1 - March 2, 2010
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Friends of Glendora v. City of Glendora, B215114,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 1, 2010, Filed
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Overview: Charging a fee for an appeal to a city council under Pub. Resources Code, ? 21151, subd. (c), from a planning commission decision approving a negative declaration did not violate the California Environmental Quality Act (CEQA), Pub. Resources Code, ? 21000 et seq., because no specific statutory authorization under CEQA was required for such a fee.
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People v. Rodriguez, F057533,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 1, 2010, Filed
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Overview: Although defendant argued that he was entitled to additional presentence credit under a 2010 amendment to Pen. Code, ? 4019, the amendment, which went into effect after defendant was sentenced, did not apply to defendant. The legislature intended the 2010 amendment to apply prospectively only.
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People v. Bankers Ins. Co., C060243,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 2, 2010, Filed
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Overview: Because the reporter's transcript did not reflect a declaration of bail forfeiture in open court under Pen. Code, ? 1305, subd. (a), the bail bond was exonerated by operation of law. Although the clerk's minutes reflected that bail was ordered forfeited, the reporter's transcript was found to be entitled to greater weight than the clerk's minutes.
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St. John's Well Child & Family Center v. Schwarzenegger, A125750,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 2, 2010, Filed
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Overview: Particular budget reductions in Assembly Bill 4X 1 (2009-2010 4th Ex. Sess.) were items of appropriation within the meaning of Cal. Const., art. IV, ? 10, subd. (e), and the Governor's line-item vetoes reducing them, while approving other portions of Assembly Bill 4X 1, were constitutionally authorized.
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