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State Courts -
California - February 27, 2006
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California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., No. B180525, No. B183529,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 27, 2006, Filed
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Overview: California Insurance Guarantee Association was not required to satisfy lien claims filed by the California State Employment Development Department because Ins. Code, § 1063.1, subd. (c)(4), excluded obligations to a state; it made no difference whether a lien was litigated with all other issues or separately after other issues were settled.
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Gunnell v. Silas, B180744,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 27, 2006, Decided , February 27, 2006, Filed
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In re T.P., C048686,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 27, 2006, Filed
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Overview: Because juveniles were not convicted of criminal offenses under Welf. & Inst. Code, § 203, a minor did not come within scope of Health & Saf. Code, § 11372.5. Thus, the juvenile court erred in imposing $ 50 laboratory fee pursuant to § 11372.5 after finding the minor guilty of possession of cocaine under Health & Saf. Code, § 11350, subd. (a).
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Marion Drive, LLC v. Saladino, B182727,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 27, 2006, Filed
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Overview: Bond owner was entitled to excess proceeds from tax sale of property because, pursuant to Rev. & Tax. Code, § 4675, subd. (e)(1), it was a lienholder of record prior to recordation of tax deed and because interest of a lender was junior to its interest, as lender's lien was not recorded until more than 10 years after bond owner's lien was recorded.
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Rene C. v. Superior Court, B185904,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 27, 2006, Filed
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Overview: Extenuating and mitigating factors compelled a conclusion under Welf. & Inst. Code, § 707, that a minor charged with murder, attempted murder, and assault with a firearm should be tried as a juvenile, not an adult; a psychologist opined that the minor's responsibility for the crimes was diminished by reason of mental retardation and immaturity.
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