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   State Courts - California - May 22 - May 23, 2001

  
Alford v. Superior Court, D036869, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 22, 2001, Filed
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Overview: Upon defendant's request for disclosure of citizen complainants' names, addresses, and telephone numbers contained in police officer personnel records, the superior court was directed to release the information after finding good cause shown.

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Cochran v. Cochran, No. B138551., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 22, 2001, Decided
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Overview: In a breach of contract action arising out of a long-term, nonmarital relationship, the court reversed summary judgment; adults who lived together were as competent as any other persons to contract respecting their earnings and property rights.

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Fox Searchlight Pictures v. Paladino, No. B142129, No. B143537., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 22, 2001, Decided
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Overview: An in-house counsel could disclose ostensible employer-client confidences to her own attorneys to the extent they might be relevant to the preparation of her wrongful termination action against her former client-employer.

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Gangwish v. Workers' Comp. Appeals Bd., No. B145394., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 22, 2001, Decided
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Overview: Firefighter was statutorily entitled to increased compensation for late payment of permanent disability benefits, even though temporary disability had not been paid to him.

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People v. Dieguez, A091657, A093253, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 22, 2001, Filed
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People v. Medina, No. C036049., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 22, 2001, Decided
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Overview: Court's discretionary power to reinstate probation was not lost where probation was originally granted after imposition of sentence. On violation and revocation of probation, court retained discretion to reinstate probation.

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Bahl v. Bank of Am., No. G022816., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 23, 2001, Decided
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Overview: Trial court erred in denying plaintiff's requests for a continuance, as plaintiff submitted sufficient affidavits in connection with both her initial request for a continuance and her subsequent requests.

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In re Dani R., No. G027802., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 23, 2001, Decided
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Overview: In a dependency proceeding, parents' appeal from a judgment declaring their son a dependent of the court was moot; the court had already granted mother's request for reunification services and father had waived his right to appeal.

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People v. Walker, No. D035890., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 23, 2001, Decided
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Overview: Court erred in imposing on State the burden to prove, as an element of the "truth of a prior conviction," the validity of an underlying change of plea; defendant was required to show that prior conviction by plea was unconstitutional.

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Roger E. Smith v. Shn Consulting Eng'rs & Geologists, No. A088522., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 23, 2001, Decided
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Overview: Four-year statute of limitations inapplicable to contractor's suit against architect and construction manager for patent defects that no longer existed upon substantial completion; however, professional negligence statute of limitations did apply.

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