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State Courts -
California - April 13 - April 15, 2009
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In re C.C., B208675,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 13, 2009, Filed
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Overview: Welf. & Inst. Code, ? 362.1, subd. (a)(1)(B), did not permit juvenile court to suspend a mother's visitation with her child based on a finding of detriment to the child's overall well-being where there was no evidence in the record the mother presented a threat to the child's physical safety during monitored visitation in a therapeutic setting.
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People v. Lewis, A120636,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 13, 2009, Filed
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Overview: Trial court did not err in upholding the Evid. Code, ? 1040, privilege as to a police surveillance location without making any order or finding adverse to the prosecution under Evid. Code, ? 1042, because the surveillance location was not material; the accuracy of the officer's testimony was sufficiently corroborated by independent evidence.
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Roman v. Superior Court, No. B209855,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 13, 2009, Filed
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Overview: Employer was entitled to compel arbitration under Code Civ. Proc., ?? 1281, 1281.2, subd. (b), because an arbitration clause in an employment agreement was not subject to revocation as unconscionable under Civ. Code, ? 1670.5, subd. (a); the use of "I agree" language in a clause expressly covering all disputes created mutual agreement to arbitrate.
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Vidrio v. Hernandez, B207391,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 13, 2009, Filed
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Overview: A trial court erred in imposing monetary sanctions against an insurer because neither Code Civ. Proc., ? 177.5, nor Cal. Rules of Court, rule 2.30, nor any other statute or court rule authorized the imposition of sanctions on a nonparty insurer for its purported failure to participate in good faith in a mandatory settlement conference.
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Daily Journal Corp. v. County of Los Angeles, B204630,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 15, 2009, Filed
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Overview: County was not committing government waste under Code Civ. Proc., ? 526a, by failing to seek reimbursement for overpayments it allegedly had made under a public contract; the evidence showed that the county had exercised its discretion in determining that it had no claim worth pursuing, and there were no allegations of fraud or collusion.
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