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   State Courts - California - April 13, 2006

  
Guardianship of Ann S., C049915, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 13, 2006, Filed
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Overview: Termination of mother's parental rights pursuant to Prob. Code, § 1516.5, was proper because § 1516.5 was constitutional and applied retroactively. The mother was presently unfit to properly care for the child and it would have been detrimental to the child not to terminate the mother's parental rights to permit the child's guardians to adopt her.

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Jones v. Gregory, G030347, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 13, 2006, Filed
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Mooney v. Caspari, A108618, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, April 13, 2006, Filed
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Overview: Any malpractice claim that a real estate broker had against defendants, a law firm and its attorneys, based upon defendants' failure to timely file a malpractice action against a bankruptcy lawyer was resolved against the broker by a prior judgment that the bankruptcy lawyer was not liable for malpractice.

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People v. Brown, C048147, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 13, 2006, Filed
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People v. Lopez, B182877, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 13, 2006, Filed
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Overview: A prosecutor engaged in prejudicial misconduct that resulted in defendant, a Catholic priest, being denied a fair trial because, in closing argument, she appealed to the jury's passions, prejudices, and sympathy; alluded to facts outside the record; and expressed her personal belief in defendant's guilt.

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People v. Umana, C047790, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 13, 2006, Filed
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Overview: Sufficient evidence supported attempted extortion convictions under Pen. Code, §§ 523, 524, where a woman sent a letter to a man with whom she had briefly had sexual relations, demanding money and stating that she had notified the police and prosecutors of rape accusations and that she had consulted with an attorney about bringing civil charges.

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Sully-Miller Contracting Co. v. California Occupational Safety & Health Appeals Bd., C049013, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 13, 2006, Filed
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Overview: In a workplace safety enforcement action, substantial evidence supported a finding that an employer was a primary employer for purposes of Lab. Code, § 6401.7, subd. (a), even though an employee was without work and was not receiving an hourly wage from the employer when a lease agreement placing him on a secondary employer's work site was made.

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