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   State Courts - California - March 14 - March 15, 2001

  
In re Sara D., No. F034964., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 14, 2001, Decided
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Overview: Mother was entitled to due process before the court appointed a guardian ad litem for her. Failure to provide her with an opportunity to be heard required reversal. Guardian ad litem was appointed on insufficient evidence.

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Ordorica v. Workers' Comp. Appeals Bd., No. B141876., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 14, 2001, Decided
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Overview: Workers' Compensation Appeals Board properly found that employee violated employer's right to control medical treatment by failing to wait until right of medical control expired. However, estoppel was not a proper remedy.

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People v. Cluff, No. A086125, No. A090342., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 14, 2001, Decided
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Overview: The trial court abused its discretion at the Romero hearing, because substantial evidence did not support the critical inference the trial court relied on in denying the motion to strike a prior conviction under the Three Strikes law.

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People v. Gonzales, B137494, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 14, 2001, Filed
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Overview: Where it was error for the trial court to impose a criminal street gang enhancement on defendants who did not personally use a firearm in the commission of the offense, the court reversed and remanded.

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Piscitelli v. Friedenberg, No. D032752., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 14, 2001, Decided
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Overview: In legal malpractice action, allowing expert to testify about how arbitrators would have ruled was error, as was trial court's failure to instruct jury about arbitration rules. "Lost punitive damages" were not recoverable. Lost commissions were.

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Stewart v. Colonial W. Agency, No. B139311., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 14, 2001, Decided
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Overview: Trial court did not err in imposing sanctions against party's attorneys. Questions which one of the attorneys instructed deponent not to answer could have led to discovery of evidence useful to opposing party's case.

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In re Marriage of Cochran, No. E025973., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 15, 2001, Decided
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Overview: In property distribution proceeding, husband was entitled to reimbursement for money used for home construction expenses. However, he failed to meet burden of tracing separate property to expenditure reimbursable under statute.

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People v. Jones, No. S072071., SUPREME COURT OF CALIFORNIA, March 15, 2001, Decided
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Overview: Where defendant committed multiple sexual offenses to one victim and the statute was interpreted to impose no more than one such sentence per victim per episode of sexually assaultive behavior, court reversed judgment and remanded for resentencing.

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