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State Courts -
California - May 2 - May 4, 2006
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Conservatorship of Christopher A., D047022,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 2, 2006, Filed
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Overview: Stipulated judgment adopted pursuant to the California Lanterman-Petris-Short Act after no formal hearing was held on the issues of placement, disabilities, and powers of the conservator was reversed, where the court failed to consult with the conservatee to instruct him on consequences of the stipulation and obtain his express consent to it.
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Daniel V. v. Superior Court, C050566, C051071,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 2, 2006, Filed
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Overview: In juvenile proceedings under Welf. & Inst. Code, § 602, minors' peremptory challenges to the assigned judge were timely under Code Civ. Proc., § 170.6, because purported all-purposes assignments in notices of petition issued by the clerk did not trigger the time demands of § 170.6. A judicial order or written local court rule was required.
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Jonkey v. Carignan Construction Co., No. B178385,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 2, 2006, Filed
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Overview: In an action by an injured construction worker, substantial evidence supported a finding that a masonry company, although negligent, did not cause the worker's injury when a plank from its scaffolding fell on his foot. The factual findings were not inconsistent if the jury decided that the company was only negligent on a failure to warn theory.
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Camacho v. Automobile Club of Southern California, B180134,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 3, 2006, Filed
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Overview: In a case in which uninsured motorist sued collection agency and insurers for violating Bus. & Prof. Code, § 17200, motorist was not injured by practice of attempting to collect monies allegedly owed to insurers. Because motorist was liable for damages arising from car accident, it did not violate his rights to attempt to collect those damages.
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People v. Linder, C048803,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 4, 2006, Filed
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Overview: In a prosecution of defendant on multiple counts of lewd and lascivious conduct on children under the age of 14, defendant was not deprived of his right to a jury by an instruction that the State could prove extension of the statute of limitations for two of the counts under Pen. Code, § 803, subd. (g), by a preponderance of the evidence standard.
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