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State Courts -
California - April 10, 2008
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Block v. Orange County Employees Retirement System, G038123,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 10, 2008, Filed
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Overview: Where employee retired concurrently from county employees' retirement system and public retirement system, under Gov. Code, ? 31838.5, employee's service-connected disability retirement benefits were reduced pro rata so that total retirement benefit would not be greater than what he would have received had employment been with just one entity.
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Committee for Green Foothills v. Santa Clara County Bd. of Supervisors, H030986,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 10, 2008, Filed
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Overview: Although a mandamus petition challenging approval of the relocation of a trail was filed more than 30 days after the notice of determination, leave to amend had to be granted on demurrer because a failure to determine significant effects could possibly be alleged under Pub. Resources Code, ? 21167, subd. (a), which had a 180-day limitation period.
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People v. Gomez, S140612,
SUPREME COURT OF CALIFORNIA, April 10, 2008, Filed
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Overview: Sufficient evidence satisfied the immediate presence element of robbery under Pen. Code, ? 211, even though the victim did not confront defendant inside the victim's restaurant, because, as defendant walked away with money in a backpack, the victim followed in a truck, and defendant fired two shots at the victim from a distance of 100 to 150 feet.
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