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   State Courts - California - March 8 - March 9, 2000

  
In re Caitlin B., Nos. C033943, C033973., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 8, 2000, Decided
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Overview: Mother lacked standing to invalidate termination of parental rights on basis of lack of notice to child's father, whom mother could not identify and with whom she had no continuing relationship.

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People v. Callejas, B131626, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 8, 2000, Filed
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Overview: Though statute authorizing fine was enacted after defendant was convicted, imposing but suspending parole violation fine when revoking probation did not violate ex post facto clauses of federal and state constitutions.

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People v. Dozier, Nos. B115370, B115593., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 8, 2000, Decided
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Overview: Trial court erred in ordering the minimum parole eligibility period tripled, as California's "three strikes" law did not provide for simply tripling the sentence of a third strike offender.

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People v. Fountain, C028465, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 8, 2000, Filed
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Overview: Juvenile battery conviction could not be used as strike because it was not enumerated among statutory Three Strikes crimes and there was no statutory requirement that battery method be likely to cause serious bodily injury.

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Quackenbush v. Superior Court, No. B132951., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 8, 2000, Decided
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Overview: Insurance commissioner, as liquidator of audit client, had standing to pursue audit client's negligence claim against accounting firm.

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Channel Lumber Co. v. Porter Simon, No. C029576., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 9, 2000, Decided
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Overview: Trial court erred in ruling that outside law firm was entitled to indemnification under statute giving corporation authority to indemnify party to legal proceeding by reason of fact that party is or was corporation's agent.

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Filet Menu v. C.C.L. & G.,inc., No. B124034., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, March 9, 2000, Decided
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Overview: Judgment for respondents in complaint for breach of contract and in cross-complaint for fraud was affirmed where appellants, having committed fraud in part of contract, were not entitled to enforce remainder of contract.

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Haggis v. City of L.A., No. S074364., SUPREME COURT OF CALIFORNIA, March 9, 2000, Decided
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Overview: City had mandatory duty to record information concerning landslide conditions on property, but breach of duty was immunized; no liability for issuing building permits without requiring stabilization of property.

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Scheiding v. GMC, No. S073196., SUPREME COURT OF CALIFORNIA, March 9, 2000, Decided
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Overview: Plaintiffs' strict product liability and other state common law claims were preempted: compelling need for uniform locomotive equipment standards prevents state remedies for injured persons coexisting with federal regulation.

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