California, April, 2002, State Case law

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State Courts - California - April 16 - April 17, 2002

In re Jesusa V., B151885, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 16, 2002, Filed
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Overview: An incarcerated parent had a due process right to be present at his child's jurisdictional hearing.

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Jersey v. John Muir Medical Ctr., No. A093521., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, April 16, 2002, Decided
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Overview: Employer, a hospital that terminated an at-will employee for refusing to dismiss a personal injury action against a former patient who had assaulted the employee during the course of her employment, did not violate a fundamental public policy.

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Patel v. S. Cal. Water Co., No. G023360., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 16, 2002, Decided
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Overview: Actions of wireless companies in regularly driving their trucks over property owners' land to install telecommunications equipment constituted a mere trespass rather than acts sufficient to establish a claim for inverse condemnation.

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People v. Shaw, No. D037859., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 16, 2002, Decided
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Overview: Defendant did not have a legitimate expectation of privacy in a hole used as a drug cache in a back yard which was a common area open to all occupants of a multi-unit building.

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Saratoga Fire Protection Dist. v. Hackett, No. H022553., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 16, 2002, Decided
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Overview: Where fire district condemned property owner's building to use as a firefighter's residence, trial court erred in excluding owner's evidence of fair market value of property at time of trial and required a reversal of judgment.

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Seelig v. Infinity Broad. Corp., No. A094062., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, April 16, 2002, Decided
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Overview: Trial court should have granted radio broadcaster's special motion to strike television program contestant's defamation suit, where none of the statements during a radio program made about contestant constituted actionable statements of fact.

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Banks v. Hathaway, No. B148305., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 17, 2002, Decided
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Overview: Trial court erred in vacating an award of sanctions to defendant after it sustained defendant's demurrer without leave to amend; sustaining of the demurrer did not eviscerate defendant's right to seek sanctions.

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People v. Massicot, No. D035591., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 17, 2002, Decided
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Overview: Defendant's conviction for indecent exposure was not supported by substantial evidence; defendant was not nude, and the evidence did not suggest he intended to direct public attention to his genitals.

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Tomlinson v. Qualcomm, No. D037347., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 17, 2002, Decided
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Overview: Family Leave Act did not immunize an at-will employee from employment termination or give her greater rights than other employees terminated in a company-wide reduction in work force implemented during her family leave of absence.

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