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   State Courts - California - May 17, 2006

  
Bullock v. Philip Morris United States, B164398, B169083, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 17, 2006, Filed
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Conservatorship of Christopher A., D047022, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 17, 2006, Filed
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Donner Management Co. v. Schaffer, D046439, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 17, 2006, Filed
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Overview: Although shareholders voluntarily posted security under Corp. Code, § 800, for attorney fees in a derivative lawsuit and obtained dismissal without prejudice after a special litigation committee defense was established, a director was entitled to attorney fees because the defense supported an implied finding of no reasonable possibility of benefit.

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IN THE MATTER OF ALLENE DOWNEY NICHOLSON A MEMBER OF THE STATE BAR OF CALIFORNIA, S143387, SUPREME COURT OF CALIFORNIA, May 17, 2006, Decided , May 17, 2006
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In re Francisco W., D047094, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 17, 2006, Filed
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Overview: In a parental rights termination case in which a social services agency failed to send sufficient notice as required by the Indian Child Welfare Act, a limited reversal and remand in which the juvenile court was instructed to correct the notice defect and reinstate the judgment of termination if no tribe chose to intervene was appropriate remedy.

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Los Altos El Granada Investors v. City of Capitola, H027860, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 17, 2006, Filed
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Overview: In an inverse condemnation action challenging a city's rent control ordinance, the trial court erred in finding that the ordinance as applied was reasonably related to and substantially advanced its stated purposes; the "substantially advances" test was not appropriate for regulatory takings cases under Fifth Amendment case law.

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Paulus v. Bob Lynch Ford, Inc., H028629, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 17, 2006, Filed
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Overview: Because individual did not make prima facie showing that competitor's prior suit attempting to block his business development lacked probable cause, which was essential element of malicious prosecution claim, trial court properly granted competitor's special motion to strike individual's malicious prosecution claim under Code Civ. Proc., § 425.16.

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