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State Courts -
California - April 11 - April 12, 2006
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In re Fernando M., B184836,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 11, 2006, Filed
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Overview: Juvenile court applied incorrect test when evaluating the termination of the parental rights exception under Welf. & Inst. Code, § 366.26, subd. (c)(1)(D), where it made no finding that child's grandmother was willing and able to adopt child and what impact threats to take the child from grandmother had on her initial unwillingness to adopt.
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People v. Castro, F046915,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 11, 2006, Filed
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Overview: Where an anonymous tip that defendant had said he was on his way to kill his wife led to an investigatory stop and defendant's arrest for possession of a firearm by a person with a qualifying prior conviction, the stop was reasonable under the Fourth Amendment, U.S. Const., 4th Amend., because the danger to the wife was an exigent circumstance.
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Mineral Associations Coalition v. State Mining & Geology Bd., C049201,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 12, 2006, Filed
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Overview: Cal. Code Regs., tit. 14, § 3805.5, subd. (d), which required the concurrence of the California Director of Department of Conservation before a lead agency could notify a mine operator that the operator had satisfied the conditions of a reclamation plan and was no longer required to post financial security, was a valid regulation.
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Vasquez v. State of California, D045592,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 12, 2006, Filed
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Overview: In a taxpayer waste action, a union official was entitled to attorney fees pursuant to Code Civ. Proc., § 1021.5, as a prevailing party because she obtained a stipulated injunction to enforce wage provisions of prison labor laws, the action vindicated a variety of important societal interests, and a significant benefit was conferred on the public.
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