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State Courts -
California - February 19 - February 20, 2008
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Titan Electric Corp. v. Los Angeles Unified School Dist., B194748,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 19, 2008, Filed
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Overview: Although a school district's decisions permitting a prime contractor to substitute a listed subcontractor on a public contract took place after the replacement subcontractor had performed the work, contrary to the procedure contemplated by Pub. Contract Code, § 4107, the substitution was nevertheless valid because substantial compliance occurred.
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CytoDyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc., B187661,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 20, 2008, Filed
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Overview: Because a licensor's complaint alleging misappropriation of trademarks and patents could not be read to allege a cause of action for misappropriation of trade secrets, the licensees could not recover attorney fees under Civ. Code, § 3426.4, based on the trial court's finding that the allegations of misappropriation were brought in bad faith.
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Goldman v. Simpson, B200082,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 20, 2008, Filed
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Overview: Judgment debtor's motion to vacate the renewal of a money judgment in favor of judgment creditor was properly denied because it was untimely, and because it was based on a ground - insufficient contacts with California to confer personal jurisdiction at the time of the renewal - unavailable under Code Civ. Proc., § 683.170, subd. (a).
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In re Corona, 2d Crim. No. B197023,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 20, 2008, Filed
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Overview: Paroled sex offender could not be required to waive the psychotherapist-patient privilege as to his privately retained psychotherapist; such a condition was not reasonably related to parole supervision under Pen. Code, § 3053, subd. (a), as it discouraged additional treatment and was contrary to the goal of reintegrating the parolee into society.
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In re Usef S., A117896,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, February 20, 2008, Filed
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Overview: Juvenile court was not required under Cal. Rules of Court, rule 5.800, and Welf. & Inst. Code, § 791, subd. (b), to determine a minor's suitability for the deferred entry of judgment program once it became clear that the minor was not admitting the allegations against him, but rather was insisting on contesting them at a jurisdictional hearing.
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Jensen v. Superior Court, B200619,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 20, 2008, Filed
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Overview: Prosecutor showed good cause for requested short continuance based on arresting officer's unavailability where prosecutor exercised due diligence and properly served officer with subpoena under Pen. Code, § 1328, subd. (c), prosecutor was unaware officer would be on vacation at time of trial, and officer's testimony was material and not cumulative.
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People v. Enriquez, C055896,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, February 20, 2008, Filed
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Overview: Three probation revocation petitions in a case under Proposition 36 (California's Substance Abuse and Crime Prevention Act of 2000) had to be treated as a single petition under Pen. Code, § 1210.1, because of the close timing of their filing, lack of evidence regarding notice to defendant, and drug-related conduct underlying the alleged violations.
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People v. Taylor, 2d Crim. No. B194403,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, February 20, 2008, Filed
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Overview: A prisoner's appeal of an order committing him to the state department of mental health for treatment as a mentally disordered offender was dismissed because appeals from civil commitments under California's Mentally Disordered Offender Act, Pen. Code, § 2962 et seq., were exempt from the Anders/Wende review requirements.
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