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   State Courts - California - May 12 - May 13, 2009

  
Dahms v. Downtown Pomona Property & Business Improvement Dist., B183545, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 12, 2009, Filed
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Overview: In compliance with Cal. Const., art. XIII D, § 4, subd. (a), city adequately distinguished between special and general benefits in creating special assessment district. Special benefits conferred were not mere effects of the services funded by the assessments. Rather, services themselves constituted special benefits to all of the assessed parcels.

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In re Richard G., No. B209512, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 12, 2009, Filed
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Overview: Although defendant juvenile argued that his motion to suppress should have been granted because the evidence was insufficient to support a detention and cursory search for weapons, defendant's Fourth Amendment rights were not violated because a reliable anonymous telephone report supplied the basis for the detention.

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Loeffler v. Target Corp., B199287, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 12, 2009, Filed
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Overview: In a case in which plaintiffs contended a retailer was not entitled to collect sales tax reimbursement on take-out purchases of hot coffee because sales tax was allegedly not due on such purchases, Cal. Const., art. XIII, § 32, barred plaintiffs' action. Plaintiffs had no standing to seek a sales tax refund.

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People v. Zambia, B207812, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 12, 2009, Filed
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Overview: Defendant was properly convicted of pandering, Pen. Code, § 266i, subd. (a)(2), even though the person encouraged was an undercover officer, because the fact that the officer had no intention of prostituting herself on behalf of defendant did not mean that defendant could be convicted of nothing more than the inchoate offense of attempt.

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In re K.B., E046005, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 13, 2009, Filed
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Overview: In a parental rights termination case involving Indian children, a social services agency provided the mother with the resources necessary to achieve the goals of her case plan. This constituted "active efforts" within the meaning of the ICWA.

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Sparks v. Kern County Bd. of Supervisors, F055455, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 13, 2009, Filed
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