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   State Courts - California - June 27, 2002

  
Bailon v. Superior Court, B156079, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 27, 2002, Filed
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Beck v. Wecht, No. S099665., SUPREME COURT OF CALIFORNIA, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: Lead attorney was not permitted to sue local trial counsel for breach of fiduciary duty on the theory that the trial counsel's malpractice in handling their mutual clients' case reduced or eliminated fees lead attorney expected to realize.

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Consumer Justice Center v. Olympian Labs, Inc., No. G027973., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: Federal law did not preempt an unfair competition lawsuit brought by a consumer organization under California law against the makers of two over-the-counter dietary supplements.

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In re Alexander B., C039584, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 27, 2002, Filed
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Overview: Although the juvenile court erred in not ordering an incarcerated mother be produced before it, the mother failed to demonstrate that any prejudice resulted from her absence from the hearing at which her parental rights were terminated.

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In re S. D., No. G029893., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: Because a mother demonstrated the ability to arrange for the care of her child during the mother's incarceration, the trial court had no authority to assume jurisdiction over the case, and the termination of parental rights was reversed.

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Kaiser Foundation Health Plan, Inc. v. Zingale, No. C039437., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: The California Department of Managed Health Care did not have the statutory authority to compel a health care services plan to continue covering prescription drugs, such as Viagra, to treat sexual dysfunction.

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Musser v. Provencher, No. S099938., SUPREME COURT OF CALIFORNIA, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: An attorney was not barred from seeking indemnification from co-counsel in connection with a legal malpractice case, and the court concluded the public policy did not require the adoption of a blanket rule barring such suits.

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Western States Petroleum Assn. v. State Dep't of Health Services, No. C037502., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 27, 2002, Decided , June 27, 2002, Filed
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Overview: The department of health services was within its authority in adopting a secondary drinking water standard for methyl tertiary-butyl ether.

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