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State Courts -
California - April 1 - April 2, 2009
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Estate of Kelly, C058941,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 1, 2009, Filed
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Overview: Prob. Code, ? 8226, subd. (c), did not apply to bar as untimely a petition for probate of a holographic will where the will proponent never received notice of the petition for letters of administration, as required to trigger the statute.
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In re Masoner, B205410,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 2, 2009, Filed
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Overview: When reversing a parole denial by the Board of Parole Hearings, the trial court erred by ordering the inmate's release because the order violated the separation of powers doctrine, under Cal. Const., art. III, ? 3. The matter should have been remanded to let the executive branch to review new information discovered subsequent to his parole hearing.
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Moreno v. Hanford Sentinel, Inc., F054138,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 2, 2009, Filed
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Overview: In a case in which plaintiff sued defendants, a high school principal and a newspaper, for invasion of privacy after the newspaper published an article that plaintiff had posted on myspace.com, defendants' demurrer to the complaint was properly sustained without leave to amend because the facts contained in the online article were not private.
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People v. Dawson, A120628,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, April 2, 2009, Filed
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Overview: Magistrate erred in finding a lack of sufficient cause under Pen. Code, ?? 871, 872, as to felony charges arising from the death of an intoxicated passenger who jumped off defendant's boat while defendant was intoxicated; the passenger's act might have been an unforeseeable intervening cause, but it caused injury of a type that was foreseeable.
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