California, April, 2002, State Case law

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State Courts - California - April 19, 2002

Convervatorship of Schaeffer, No. B152203., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 19, 2002, Decided
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Overview: The court violated the due process rights of the wife of a conservatee by denying her petition for removal of the court-appointed conservator without allowing her to view the report the court relied on in reaching its decision.

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In re Marriage of Goddard, B147332, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 19, 2002, Filed
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Overview: In an uncontested trial in a marital dissolution case, the failure to introduce the notice of trial into evidence was harmless error.

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Jefferson v. County of Kern, No. F036017., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 19, 2002, Decided
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Overview: In a medical malpractice suit where the facts were in dispute, the determination about when a cause of action accrued was a proper subject for a jury.

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Jesson v. Davis, No. G030498., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 19, 2002, Decided
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Overview: Trial court properly denied political candidate's election contest in which he sought to enjoin California Secretary of State from certifying the results of the primary election for Governor of California; election contest lawsuit was frivolous.

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Pangborn Plumbing Corp. v. Carruthers & Skiffington, No. B144972., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 19, 2002, Decided
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Overview: Public policy favored giving attorneys' contractual liens for legal services priority over judgment creditor's liens.

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People v. Gonzalez, G025767, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 19, 2002, Filed
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Overview: Sentence was reversed and remanded when defendants had no inkling the court would improperly use the same facts to both aggravate their sentence and impose a gun enhancement, and there was no waiver or forfeiter of the issue on appeal.

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People v. Mack, C037421, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 19, 2002, Filed
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Overview: Because his earlier conviction was invalidated, defendant was required by statute to be placed in the same position as if no trial had been had; defendant's time in prison custody had to be treated as preconviction custody.

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