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State Courts -
California - February 4 - February 5, 2008
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People ex rel. Grijalva v. Superior Court, No. B201881,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 4, 2008, Filed
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Overview: In a case in which the California Department of Forestry and Fire Protection sought to recover pursuant to Health & Saf. Code, ?? 13009 & 13009.1, its costs in fighting a brush fire from real parties in interest, the affirmative defenses of comparative negligence or failure to mitigate damages were not to available to real parties.
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People v. Howard, S029489,
SUPREME COURT OF CALIFORNIA, February 4, 2008, Filed
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Overview: No error occurred under Pen. Code, ? 1140, when, after more than two weeks of death penalty deliberations, the trial court asked whether either of two jurors seeking to be discharged would be willing to stay because the retained juror was clearly prepared to continue doing his duty as a juror, even though serving entailed personal sacrifice.
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Hulings v. State Dept. of Health Care Services, C054145,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 5, 2008, Filed
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Overview: An employee's mandatory reinstatement under Gov. Code, ? 19140.5, to his former position with the California Department of Health Services as a fraud investigator, a position designated as a peace officer, after he was rejected on probation for a new position, could not be conditioned upon completion of a background investigation.
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In re Angel L., B198541,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 5, 2008, Filed
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Overview: Juvenile court properly assumed temporary emergency jurisdiction and made further orders under former Fam. Code, ? 3403, subd. (a), regarding a child from Nevada who could not obtain special-needs services there; however, when a prospective adoption was unsuccessful, a stipulated reversal of an order terminating parental rights was appropriate.
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