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State Courts -
California - March 5 - March 7, 2007
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Bridget A. v. Superior Court, B195282,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 5, 2007, Filed
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Overview: Juvenile court's authority at a Welf. & Inst. Code, § 366.22, hearing was broad enough to continue family maintenance services after returning children to parental custody; hence, the juvenile court erred by terminating jurisdiction without determining whether continued court supervision was necessary to ensure the children's safety.
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Hasso v. Hasso, G036369,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 6, 2007, Filed
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Overview: Finding that funds distributed to a marital trust by a subchapter S corporation of which trust was a shareholder were to be allocated to income was proper; distribution to trust did not result from a partial liquidation of distributing entity based on greater than 20 percent distribution to gross assets ratio, Prob. Code, § 16350, subd. (d)(1)(B).
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People v. Sun, G035328; G036443,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 7, 2007, Filed
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Overview: A trial court erred in dismissing nine counts in indictment charging violations of Pen. Code, § 12020, subd. (a)(2), possession of large-capacity magazines, because the dismissal was effected by court's merging 10 counts of violating § 12020 into one count, which was in direct contradiction to statutory authority of Pen. Code, § 12001, subd. (l).
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Ulloa v. McMillin Real Estate & Mortgage, Inc., D048066,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 7, 2007, Filed
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Overview: In a case in which home sellers cross-complained against real estate company for fraud and related counts, the trial court properly excluded evidence pertaining to real estate agent's signing of a sales agreement on behalf of one of the buyers. As a matter of law, there was no causal connection between agent's conduct and sellers' damages.
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