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State Courts -
California - May 14, 2009
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Balzaga v. Fox News Network, LLC, D052743,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 14, 2009, Filed
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Overview: When considered in context of entire news telecast, a caption plaintiffs claimed falsely suggested that law enforcement was conducting a search for them was not reasonably susceptible to that meaning; thus, plaintiffs failed to establish a probability of prevailing on their defamation claim, and defendant's anti-SLAPP motion was properly granted.
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People v. Chaffin, E046217,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 14, 2009, Filed
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Overview: In a child endangerment case, the failure to give a jury instruction on the legal definition of "likely" in Pen. Code, ? 273a could not have been prejudicial to defendant, and was therefore harmless, since the factual question posed by the omitted definition was resolved adversely to defendant in another, properly given, instruction.
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Ste. Marie v. Riverside County Regional Park and Open-Space District, S159319,
SUPREME COURT OF CALIFORNIA, May 14, 2009, Filed
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Overview: Property owned by a regional park and open space district was not actually dedicated for park purposes, within the meaning of Pub. Resources Code, ? 5540, immediately upon its acquisition by operation of Pub. Resources Code, ? 5565, when the district took title to it; absent a formal resolution of dedication, the district could sell the property.
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