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State Courts -
California - March 18, 2009
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321 Henderson Receivables Origination LLC. v. Tomahawk, F055879,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 18, 2009, Filed
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Overview: Transferee under the Structured Settlement Transfer Act, Ins. Code, ?? 10136 et seq., was a plaintiff with a right to voluntary dismissal under Code Civ. Proc., ? 581, subd. (b)(1), because it was a party prosecuting a special proceeding as defined in Code Civ. Proc., ?? 22, 23, and therefore was a plaintiff under Code Civ. Proc., ? 1063.
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Alan S., Jr. v. Orange County Superior Court, G041034,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 18, 2009, Filed
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Overview: In a child custody case, a pendente lite attorney fee order entered against a father and in favor of the mother failed to pass muster, even under an abuse of discretion standard of review because the trial court failed to consider the factors set forth in Fam. Code, ? 2030 & 2032.
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International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd., A114959,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 18, 2009, Filed
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Overview: Public Employment Relations Board properly dismissed unfair labor practice charges relating to a layoff of 18 firefighters because a decision to lay off firefighters was not subject to negotiation under Gov. Code, ? 3504. Recasting layoff decision as a reduction in shift staffing did not transform it into a proper subject of collective bargaining.
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