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   State Courts - California - May 25 - May 29, 2001

  
Covenant Care, Inc. v. Superior Court, B145406, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 25, 2001, Filed
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Overview: Plaintiffs asserting punitive damages claim on behalf of deceased father allegedly injured by reckless custodian did not have to comply with disputed timeliness requirements simply because custodian was also care provider.

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Dobler v. Arluk Medical Ctr. Indus. Group, No. B141132., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 25, 2001, Decided
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Overview: Since defendant timely filed its claim against decedent's probate assets, it was not necessary to separately sue plaintiffs as trustees of decedent's trust when probate assets were insufficient to satisfy the money judgment.

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Hicks v. E. T. Legg & Assocs., No. D034398., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 25, 2001, Decided
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Overview: Legislature did not intend to prohibit the postponement of a foreclosure sale of homeowners' property for successive periods of five or fewer business days during period sale was precluded by an injunction or bankruptcy stay.

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In re Jeremy S., No. G027867., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 25, 2001, Decided
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Overview: Trial court was correct in terminating father's and mother's parental rights to their son and freeing son for adoption. There was no showing that additional reunification services would have been in the son's best interests.

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In re Taylor, F036604, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 25, 2001, Filed
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Nelson v. Superior Court, No. B147607., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, May 25, 2001, Decided
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Overview: In a tort action involving police brutality filed action the County of Los Angeles, California, a petition for writ of mandate was granted for determination of whether the county had an obligation to preserve audio recordings of the incident.

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Leader v. Health Indus. of Am., No. B134874., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, May 29, 2001, Decided
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Overview: There was no abuse of discretion in refusing a request for leave to file a fourth amended complaint; plaintiff missed the court's deadline and did not seek any extension in order to locate documents purportedly needed before filing.

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People v. Salazar-Merino, No. A090898, No. A092314., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 29, 2001, Decided
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Overview: The false document criminal statute, a specific intent statute, was unambiguous and not preempted by federal law. Because the Proposition 187 sections under which it was added to the penal code were severable; the statute was constitutional.

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People v. Stevens, C036593, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 29, 2001, Filed
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Overview: In the absence of error, orders requiring defendant to pay $ 400 for the costs of court-appointed counsel and to report to the parole office in Kern County, California, upon his release from prison, were affirmed on appeal.

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Zaxis Wireless Communications v. Motor Sound Corp., No. C035616., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, May 29, 2001, Decided
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Overview: The jury's award of $ 300,000 in punitive damages in a contract action was not excessive considering the volume of defendant's revenues, the net worth of defendant's assets, and the fact that defendant had the capacity to borrow $ 50 million.

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