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   State Courts - California - May 19, 2006

  
Amber R. v. Superior Court, G035611, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, May 19, 2006, Filed
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Overview: After termination of her parental rights, a mother lacked standing to petition for visitation and telephone contact with a child; she could not seek to be identified as an individual important to the child under Welf. & Inst. Code, § 366.3, subd. (e), because only the social services agency and the child had standing to identify such persons.

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Drum v. Superior Court, E039264, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 19, 2006, Filed
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Overview: Appeal was dismissed for lack of jurisdiction because "collateral order" rule respecting monetary sanctions awards continued to apply such that in limited civil cases orders for monetary sanctions not involving discovery were immediately appealable, and appellant failed to appeal such orders in timely fashion under Cal. Rules of Court, rule 122(a).

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Mukthar v. Latin American Security Service, B183968, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 19, 2006, Filed
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People v. Lewis, E031035, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, May 19, 2006, Filed
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Overview: Trial court erred in instructing the jury that defendants, who caused a fatal car crash while fleeing from police, could be convicted of second degree felony murder based upon the predicate offense of violating Veh. Code, § 2800.2; such a violation was not inherently dangerous to human life because it could be committed without endangering life.

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People v. Saunoa, B185161, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 19, 2006, Filed
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Overview: A trial court had no jurisdiction to retry defendant prior to issuance of a remittitur. The trial court's failure to wait for remittitur before conducting the retrial rendered all proceedings conducted prior to retrial, and their results, null and void.

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Ross v. Figueroa, B182738, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 19, 2006, Filed
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Overview: In a domestic violence case, the contents of a TRO were consistent only with the conclusion the TRO was issued under Fam. Code, § 243, subd. (b), because it instructed the applicant that she had to serve respondent with a copy at least 5 days before a permanence hearing; thus, the trial court lacked discretion to deny respondent a continuance.

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