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   State Courts - California - March 28, 2007

  
Barragan v. Superior Court, C054719, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2007, Filed
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Overview: A trial court correctly overruled defendant's demurrer to an amended information because California's statutory scheme governing accusatory pleadings in criminal cases, Pen. Code, § 950 and 952, did not preclude the prosecutor from amending the information to allege aggravating facts for purposes of sentencing.

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In re Hart (Joseph) on H.C., S134962, SUPREME COURT OF CALIFORNIA, March 28, 2007, Filed
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In re S.W., F051032, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 28, 2007, Filed
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Overview: In a California parental rights termination case, jurisdiction was not established in Nebraska under Fam. Code, § 3421, subd. (a)(1), where mother had been staying at the California home of her boyfriend's mother for several months, she had been living out of a van while her children lived in the residence, and she had sought welfare in California.

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In re Tripp, H029507, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 28, 2007, Filed
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Overview: Where there was some evidence that a prison inmate had participated in planning not only the kidnapping, but the murder of a 10-year-old child, this evidence supported the conclusion of the Governor of California that the inmate remained dangerous to public safety and should not be released from prison.

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Jordan v. City of Sacramento, C052159, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2007, Filed
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Overview: Because claimant, who tripped and fell on public sidewalk, had legal representation at the time she filed a claim with city and city did not conduct itself in an unconscionable manner or take any unfair advantage over claimant when it gave erroneous advice to her, city was not estopped from asserting the six-month time limit as a defense.

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People v. Krohn, G036762, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 28, 2007, Filed
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Overview: For purposes of an investigative detention, an officer lacked reasonable suspicion that defendant was drinking alcohol in a public place because the purported drinking occurred inside a gated apartment complex. The complex, with a guarded electric gate that closed automatically, was not public even if the gate was periodically propped open.

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People v. Ramirez, C048138, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 28, 2007, Filed
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Overview: Where tribal police officers who suspected possible narcotics activity in the parking garage of an Indian casino searched a car without probable cause and found drugs and drug paraphernalia, the trial court properly suppressed the evidence pursuant to 25 U.S.C. § 1302(2).

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Stewart v. Seward, B190103, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 28, 2007, Filed
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Overview: Because a suit for breach of a promise to execute a will was governed by Code Civ. Proc., § 366.3, which provided that one-year limitation period applied to a promise or agreement with a decedent as to distribution from an estate and that the period could not be tolled or extended, filing suit more than one year after decedent's death was untimely.

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Walsh v. IKON Office Solutions, Inc., A113172, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, March 28, 2007, Filed
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