California, April, 2002, State Case law

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State Courts - California - April 24, 2002

Colarossi v. Coty Us, No. G027368., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 24, 2002, Decided
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Overview: Because the evidence would allow a reasonable trier of fact to find an employee was wrongfully terminated in violation of public policy, the appellate court reversed summary judgment in favor of former employer.

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In re Randalynne G., Nos. E028904, E029176, E030039., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 24, 2002, Decided
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Overview: In a guardianship matter, the juvenile court was not permitted to delegate to the department of social services its discretion to determine whether any visitation would occur.

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Kaplan v. Fairway Oaks Homeowners Ass'n, No. G026150., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 24, 2002, Decided
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Overview: Homeowners association was entitled to an award of attorney fees as the prevailing party in an action brought by homeowners to contest a directors election and enforce their proxy and cumulative voting rights under the association's bylaws.

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Mejia v. Reed, H020771, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 24, 2002, Filed
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People v. Bruce G., No. C034403., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 24, 2002, Decided
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Overview: Defendant convicted of three counts of committing a lewd act upon a child under the age of 14 was entitled to mere probation. The defendant had no criminal history; in fact, he wrote a letter to the court expressing his remorse.

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People v. Cano, B152598, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 24, 2002, Filed
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Overview: Defendant was entitled to drug treatment probation where the record showed his probation violation was for failing a monthly drug test and the prosecutor had not specified that he was also charged with a non-drug related violation.

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People v. Level, No. B149442., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 24, 2002, Decided
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Overview: Defendant was precluded by waiver and estoppel from asserting her minority as a basis for challenging her prior adult robbery conviction; thus, the prior action could be used as a strike for sentence enhancement in her subsequent grand theft case.

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People v. Oates, E029354, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 24, 2002, Filed
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Overview: Sentencing enhancements imposed against defendant convicted of five counts of attempted premeditated murder, mayhem, and possession of a firearm by a felon were stricken; there was no finding by the jury that defendant personally fired the gun.

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People v. Superior Court (turner), No. B156011., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 24, 2002, Decided
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Overview: Defendant was not eligible for probation and drug treatment for his possession of cocaine conviction based upon his prior criminal history; he had been in prison custody during the five-year period immediately preceding the current drug offense.

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Seo v. All-Makes Overhead Doors, No. B145131., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 24, 2002, Decided
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Overview: In a personal injury suit, a gate repair company did not owe a duty to the subtenant to warn the owner of the property of design defects unrelated to the repairs.

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