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State Courts -
California - April 29, 2009
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In re Ashlie M., C058043, C058513,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 29, 2009, Filed
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Overview: Probation condition requiring payment of restitution under Welf. & Inst. Code, ? 730.6, for pedestrian's burial/cremation expenses was properly imposed against juvenile defendant where substantial evidence supported finding that juvenile's unlawful conduct under Veh. Code, ? 12500, subd. (a), was a substantial factor in the pedestrian's death.
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Neman v. Commercial Capital Bank, B208164,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 29, 2009, Filed
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Overview: Where plaintiff filed a timely claim with FDIC, his appeal could not be dismissed for failure to comply with administrative review process of FIRREA, 12 U.S.C. ? 1821(d); he could not pursue administrative remedies at any time suit was pending in trial court, as judgment was entered five months before FDIC was appointed as receiver of bank he sued.
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People v. Frazier, C057684,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 29, 2009, Filed
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Overview: In a case in which a jury found true a sentencing enhancement allegation that defendant personally inflicted great bodily injury on the victim, Pen. Code, ? 12022.7, subd. (a), sufficient evidence supported the jury's finding that one of two dogs obeyed defendant's command to attack and maul the victim.
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