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   State Courts - California - March 28, 2006

  
Allegretti & Co. v. County of Imperial, D045156, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 28, 2006, Filed
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Overview: In an inverse condemnation action, a county's imposition of a permit condition limiting the total quantity of groundwater available for a property owner's use was not a categorical physical taking and, under a factual analysis, did not have sufficient economic impact to constitute a regulatory taking.

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City of Dinuba v. County of Tulare, F046252, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 28, 2006, Filed
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Overview: Finding that county was immune from liability under Gov. Code, ? 860.2, in city's action seeking prior property tax revenues was error because action was not one for damages against the sovereign, but was based on breach of contractual duty; city sought specific amounts of tax increment revenue mistakenly distributed to other local taxing agencies.

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Geffcken v. D'Andrea, No. B176232, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 28, 2006, Filed
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Hernandez v. City of Hanford, F047536, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 28, 2006, Filed
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Overview: Ordinance allowing retailers with 50,000 or more square feet of floor space to sell furniture on limited basis while denying that right to smaller retailers was unconstitutional as violation of equal protection because disparate treatment of similarly situated retailers based on square footage was not rationally related to purpose behind ordinance.

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In re Alcox, B185265, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 28, 2006, Filed
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In re Antoine D., A110521, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 28, 2006, Filed
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Overview: Juvenile court erred when it failed to exercise its jurisdiction to rule on a ward's petition for modification of his California Youth Authority (CYA) commitment; Welf. & Inst. Code, ? 607, subd. (b), operated to extend jurisdiction over the ward until age 25, notwithstanding a subsequent order modifying or vacating his CYA commitment.

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In re Marriage of Pearlstein, A108235, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 28, 2006, Filed
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Overview: Where a father sold his shares of stock in a business and received stock in the acquiring company, the market value of the shares he owned in the acquiring company could not be treated as income for child support purposes under Fam. Code, ? 4058, because he sold an existing capital asset, although a reasonable rate of return could be imputed.

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Nadler v. Schwarzenegger, C045708, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2006, Filed
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Overview: Santa Clara challengers to a reapportionment plan did not meet their burden of showing that the creation of two districts violated Cal. Const., art. XXI, ? 1, subd. (e). The legislature could adopt a plan that minimized the chance of a challenge under the Voting Rights Act without proving that an alternative would necessarily violate the Act.

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People v. Accredited Surety & Casualty Co., Inc., C049492, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2006, Filed
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Overview: A surety on a bail bond was entitled to an extension of the bail bond forfeiture period under Pen. Code, ? 1305.4, because it showed due diligence during the initial 180-day period in attempting to capture the defendant and also demonstrated a reasonable likelihood of bringing the defendant to custody in another 180 days.

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People v. Musovich, C048031, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2006, Filed
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Overview: Conviction was proper for failing to register as a sex offender, Pen. Code, ? 290, subd. (a)(1)(A), where defendant moved out of the residence where he was registered as a sex offender, had received adequate notice of the requirement that he reregister within five working days of a move, and failed to reregister; a vagueness argument lacked merit.

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