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State Courts -
California - April 28, 2009
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County of Los Angeles v. Fairmont Specialty Group, B202469,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 28, 2009, Filed
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Overview: Trial court did not abuse its discretion in not vacating the forfeiture or ordering the exoneration of a bail bond pursuant to Pen. Code, ? 1305, subd. (g), where there was substantial evidence to support its determination that it was not feasible to obtain extradition of the fugitive from Honduras for what appeared to be a routine drug offense.
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In re L.B., B210574,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 28, 2009, Filed
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Overview: Although a father of two boys argued that the juvenile court erred in finding that the allotted time for the boys' parents to receive reunification services commenced running at the detention hearing, rather than when the children were placed in foster care, the alleged error was prospective only, and the issue was not ripe for appellate review.
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People v. Magallanes, G040133,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 28, 2009, Filed
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Overview: Because Pen. Code, ? 496, subd. (a), prohibited a conviction for both theft and receipt of the same stolen property, defendant was improperly convicted of both carjacking under Pen. Code, ? 215, subd. (a), and receipt of stolen property under ? 496, subd. (a), when the stolen property was the vehicle taken in the carjacking.
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People v. Zanoletti, B199682,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 28, 2009, Filed
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Overview: In an insurance fraud case, defendant, an office manager at a chiropractic clinic, was properly convicted under Pen. Code, ? 550, subd. (a)(1), (5), for two offenses as to each patient because preparing fraudulent paperwork was a different act of fraud from the submission of the forwarded paperwork to an insurance company by coconspirators.
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State Building & Construction Trades Council of California, AFL-CIO v. City of Vista, D052181,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 28, 2009, Filed
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Overview: Because California's prevailing wage law (PWL), Lab. Code, ? 1720 et seq., did not address matters of statewide concern, a charter city's public works contracts financed solely from city revenues did not have to comply with the PWL; such contracts were municipal affairs as to which the city had paramount power under Cal. Const., art. XI, ? 5.
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