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State Courts -
California - March 23, 2009
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Bruns v. E-Commerce Exchange, Inc., B201952,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 23, 2009, Filed
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Overview: Repeated stays of discovery in an action alleging unsolicited fax advertisements were stays of the prosecution of the action, within the meaning of Code Civ. Proc., ? 583.340, subd. (b), and were subject to exclusion in computing the five-year period for bringing the action to trial under Code Civ. Proc., ?? 583.310, 583.360.
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Hauselt v. County of Butte, C054927,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 23, 2009, Filed
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Overview: Reasonableness standard, not strict liability, applied to an inverse condemnation action under Cal. Const., art. I, ? 19, because the property owner alleged an increased discharge of water from a county's flood control activities into a watercourse historically subject to flooding; the trial court did not err in finding the county acted reasonably.
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M.L. v. Superior Court, No. B212274,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 23, 2009, Filed
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Overview: Sufficient evidence supported a finding of exigent circumstances under Welf. & Inst. Code, ? 306, subd. (a)(2), to detain a newborn because the newborn was exposed to drugs during gestation and mother discharged herself within an hour of giving birth but reappeared next evening, was agitated, and revoked a report in favor of adoption agency.
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