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   State Courts - California - April 20, 2007

  
Heiman v. Workers' Comp. Appeals Bd., B187206, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 20, 2007, Filed
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In re Sabrina H., D049249, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 20, 2007, Filed
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Overview: Criminal background checks should have been conducted pursuant to Welf. & Inst. Code, § 361.4, before placing mother's children with paternal grandfather of one of the children. Juvenile court erred by placing two of the children with grandfather without required criminal background checks or comparable criminal record checks used in Mexico.

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Jordan v. Allstate Ins. Co., B187706, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 20, 2007, Filed
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Morrow v. Los Angeles Unified School Dist., B192627, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 20, 2007, Filed
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Overview: Dismissal of principal's invasion of privacy and defamation claims against school district officials under anti-SLAPP law, Code Civ. Proc., § 425.16, was proper because the challenged statements were constitutionally protected and revealed no private information; statements were protected by Civ. Code, § 47, subd. (a)s executive officer privilege.

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People v. Karriker, A114099, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, April 20, 2007, Filed
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People v. Waymire, C051736, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 20, 2007, Filed
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Overview: No Sixth Amendment error occurred in sentencing defendant to an upper term sentence, following a probation violation, without a jury finding as to the factor of increasingly serious prior convictions because that finding did not require a factual determination about the underlying circumstances and thus could be made without contravening Blakely.

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Poway Royal Mobilehome Owners Assn. v. City of Poway, D048211, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 20, 2007, Filed
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Overview: In a case in which mobilehome park's owners association claimed that city breached promise regarding purchase of park, Gov. Code, § 40602, impliedly required a written contract because an oral contract would violate the statute's purpose of requiring city's governing body to make considered decisions on important matters affecting the public fisc.

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