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   State Courts - California - February 21, 2007

  
Bono v. David, A112099, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, February 21, 2007, Filed
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Overview: Where plaintiff's defamation action against defendant did not involve the construction or application of any provision of a real property agreement, the mandatory mediation and arbitration clause of that agreement did not apply.

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Gillan v. City of San Marino, B182979 & B183592, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 21, 2007, Filed
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People v. Merfield, No. B190093, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 21, 2007, Filed
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Overview: Offender's petition challenging an initial determination that he qualified as a mentally disordered offender was moot because it was filed after his one-year commitment pursuant to that determination had expired; under Pen. Code, ? 2966, subd. (c), only a determination of current mental status could be disputed after an initial commitment expired.

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San Diego Gas & Electric Co. v. Superior Court, D049298, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 21, 2007, Filed
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Save Tara v. City of West Hollywood, B185656, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 21, 2007, Filed
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Overview: City failed to comply with Pub. Resources Code, ? 21100, subd. (a), when it entered into two agreements to develop property before work on an environmental impact report commenced; there was enough information about the project to provide meaningful information for environmental assessment before the city entered into the agreements.

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Young v. McCoy, B189885, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 21, 2007, Filed
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Overview: Trustee reasonably exercised her discretion in refusing to make payments from a discretionary trust while the beneficiary was incarcerated because his needs were being met in prison; hence, under Prob. Code, ? 15305.5, subd. (c), the trustee could not be compelled to invade the assets of the trust in order to pay a restitution judgment creditor.

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