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State Courts -
California - March 25 - March 26, 2009
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Hofman Ranch v. Yuba County Local Agency Formation Commission, C058502,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 25, 2009, Filed
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Overview: Contractor who performed the day-to-day business described in Gov. Code, ?? 56386, 56650, 56658, was the executive officer, as defined in Gov. Code, ? 56384, subd. (a), of a local agency formation commission; thus, his performance evaluation in a closed session was proper because he was a public employee under Gov. Code, ? 54957, subd. (b)(4).
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In re Marriage of Padgett, A120644,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 25, 2009, Filed
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Overview: Because a domestic relations order awarded no interest in pension benefits but simply reserved jurisdiction, the trial court exceeded its power under Fam. Code, ? 2346, when it amended the order nunc pro tunc and entered a qualified domestic relations order that transferred surviving spouse benefits pursuant to 29 U.S.C. ?? 1055, 1056(d)(3)(F).
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Krug v. Maschmeier, A121940,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 25, 2009, Filed
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Overview: In a case in which plaintiff sought injunctive relief against defendant for harassment, but the trial court dismissed plaintiff's petition, the trial court had the discretion under Code Civ. Proc., ? 527.6, subd. (i), to award defendant his attorney fees and costs, even though the action was brought in good faith and was not frivolous.
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Long Beach Memorial Medical Center v. Superior Court, B210470,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 26, 2009, Filed
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Overview: In a medical negligence case seeking $ 10 million for damages arising from a birth, trial court abused its discretion in granting defendant physicians' motion for a determination under Code Civ. Proc., ? 877.6, that their $ 200,000 settlement was in good faith because the amount was wholly disproportionate to the physicians' share of liability.
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