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   State Courts - California - March 2 - March 3, 2006

  
Connerly v. State Personnel Bd., S125502, SUPREME COURT OF CALIFORNIA, March 2, 2006, Filed
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Overview: In an action that successfully challenged statutory affirmative-action programs, an amicus curiae group that advocated on behalf of those programs could not be held liable for private attorney general fees because the group, although it played an active role in the litigation, was not an opposing party under Code Civ. Proc., § 1021.5.

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In re Eric E., B173908, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 2, 2006, Filed
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Overview: Where a biological father of a dependent child tested positive for drugs during the reunification period, failed to visit the child during that period, and failed to comply with the case plan, substantial evidence supported a finding under Welf. & Inst. Code, § 388, that it was not in the child's best interest to grant him presumed father status.

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People v. Guerra, S036864, SUPREME COURT OF CALIFORNIA, March 2, 2006, Filed
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Overview: Sufficient evidence supported special-circumstance finding of attempted rape under Pen. Code § 190.2, subd. (a)(17), despite lack of physical evidence of sexual assault, because defendant had an escalating sexual interest in the victim and knife wounds on her breasts supported an inference that he stabbed her when she resisted having sex with him.

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People v. McClaurin, D046052, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 2, 2006, Filed
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Overview: Although there was substantial evidence showing some reliance by defendants on a plea agreement in a battery case, in that a preliminary hearing was delayed for a period of less than a month, the evidence did not support a finding that the reliance resulted in a detriment to defendants sufficient to justify specific enforcement of the agreement.

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County of Santa Clara v. Atlantic Richfield Co., H026651, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 3, 2006, Filed
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Overview: Where governmental plaintiffs were given no opportunity to respond to defendant lead manufacturers' motion for summary judgment on the unstated ground of absence of physical injury to plaintiffs' buildings, it was inappropriate to uphold the trial court's ruling granting the manufacturers summary judgment on that ground.

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Garcia v. Superior Court, No. B186981, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 3, 2006, Filed
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Overview: Civ. Code, § 3333.4, did not limit right of owner of self-propelled piece of machinery to compensation for noneconomic damages in his action against buyer arising from injuries he suffered while driving device onto bed of dump truck because, under § 3333.4, it was transporting vehicles that had to be insured, not the vehicles that were transported.

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In re T.P., C048686, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 3, 2006, Filed
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People v. Gutierrez, B181913, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 3, 2006, Decided , March 3, 2006, Filed
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