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   State Courts - California - March 30 - March 31, 2000

  
Alford v. Dep't of Motor Vehicles, No. F030847., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 30, 2000, Decided
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Overview: Nothing in statute prevented respondent from revoking appellant's driver's license, a more severe penalty than had been recommended by ALJ, even though respondent had adopted all of ALJ's proposed decision.

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County of Orange v. Superior Court, No. G023138., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 30, 2000, Decided
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Overview: Writ of mandate was issued directing trial court to vacate its order allowing suspects in ongoing homicide investigation to review contents of investigative file, where trial court erred in breadth and timing of its order.

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Grossmont Healthcare Dist. v. San Diego Hospital Assn., D031994, D033461, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 30, 2000, Filed
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Overview: Hoadley rule barred statute of limitations defense in action by public entity to recover possession of public property because interest in enforcing conflict of interest statutes outweighed interest in barring stale claims.

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Langan v. City of El Monte, No. B117069., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 30, 2000, Decided
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Overview: A city employer could not designate a city official as trier of fact in a city employee's disability retirement benefits appeal hearing, rather, it was required to be conducted by city council or by an administrative law judge.

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People v. Felix, No. S071278., SUPREME COURT OF CALIFORNIA, March 30, 2000, Decided
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Overview: Court had to impose the full term for enhancements attached to indeterminate terms. Straight life, and some number of years to life sentences were indeterminate sentences not subject to the Determinate Sentencing Act.

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People v. Ramsey, No. B128065., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 30, 2000, Decided
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Overview: Mistake instruction was not necessary as statute did not require knowledge that concrete was a pollutant. Instruction as to meaning of point source not necessary where appellant admitted to dumping concrete by river.

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Richards v. CH2M Hill, Inc., C027848, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 30, 2000, Filed
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Overview: Employee's claims for employer's discriminatory actions were not timely filed; continuing violation doctrine did not apply as no violations occurred within limitations period and discrimination was previously apparent.

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Hatch v. Superior Court, No. D032423., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 31, 2000, Decided
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Overview: Statute making it illegal to send materials with the intent of seducing a minor did not burden interstate commerce in violation of the commerce clause and prohibited conduct rather than free speech.

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Valencia v. Michaud, A083888, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 31, 2000, Filed
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Overview: In negligence action, landlord was in possession of sufficient information about attacker to make conduct foreseeable, thereby creating duty to exercise reasonable care to remove attacker from property.

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