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   State Courts - California - May 14 - May 15, 2001

  
Hoechst Celanese Corp. v. Franchise Tax Bd., No. S085091., SUPREME COURT OF CALIFORNIA, May 14, 2001, Decided
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Overview: Reversion of surplus pension plan assets by an out-of-state corporation that was operating in California and paid franchise taxes in California was taxable by California as apportionable business income.

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L.A. Times v. Alameda Corridor Transp. Auth., No. B143895., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 14, 2001, Decided
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Overview: Trial court erred in refusing to award attorney fees to plaintiff in California Public Records Act suit to obtain documents. Denial of fees was reviewable, and plaintiff prevailed when one of two documents was disgorged.

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Lopez v. Jarrett, No. C035569., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 14, 2001, Decided
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People v. Anderson, No. S020378., SUPREME COURT OF CALIFORNIA, May 14, 2001, Decided
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Overview: Because defendant's 24 assertions of error during the penalty phase of his capital trial were either unsupported by the record, without merit, deemed waived, or failed to compel a change in well-established law, his sentence of death was affirmed.

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People v. Duran, No. G024274., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 14, 2001, Decided
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Overview: Carjacking conviction reversed as necessarily included offense of kidnapping for carjacking. Taking element of latter charge satisfied, even though victims remained in car, and free will element upon showing of illegal intent or purpose.

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Galvez v. Frields, No. B125543., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, May 15, 2001, Decided
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Overview: Judgment for prenatal care doctor in wrongful life suit, where jury was not given negligence per se jury instruction, was reversed and case remanded for new trial. Statute requiring fetal test advisement properly established the standard of care.

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Pollak v. State Pers. Bd., No. C036231., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 15, 2001, Decided
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Overview: California state employee who disagreed with state personnel agency's findings in a disciplinary proceeding, should have challenged them immediately after their affirmance by a trial court, by means of motion for new trial.

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