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State Courts -
California - June 4 - June 5, 2009
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In re Cole C., D053845,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 4, 2009, Filed
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Overview: Sufficient evidence supported a finding under Welf. & Inst. Code, ? 300, subd (j), of substantial risk of harm to a boy because his father used excessive discipline on two stepdaughters, including subjecting them to cold showers and ice packs, and stated an intention to implement harsher discipline techniques on his son because he was a boy.
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Unlimited Adjusting Group, Inc. v. Wells Fargo Bank, N.A., B205314,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, June 4, 2009, Filed
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Overview: Although jury instructions failed to distinguish between a named payee under Cal. U. Com. Code, ? 3404, subd. (b)(i), and an intended payee under Cal. U. Com. Code, ? 3110, the error was harmless because the signer believed the named payee and the intended payee were the same entity, despite an omitted word; thus, ? 3404, subd. (d), did not apply.
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Weston Reid, LLC v. American Ins. Group, Inc., E044892,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 4, 2009, Filed
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Overview: Because the Hospital Lien Act (HLA), Civ. Code, ?? 3045.1-3054.6, was inapplicable to first party insurance claims, a hospital's assignee had no claim against a patient's first party insurer arising from the insurer's payment of $ 50,000 to the patient under the uninsured motorist coverage in her automobile insurance policy.
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P.S. v. San Bernardino City Unified Sch. Dist., E045242,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 5, 2009, Filed
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Overview: Pursuant to California Child Abuse and Neglect Reporting Act, trial court properly sustained school district's demurrers where students were not students of the district at time their alleged molestations by substitute teacher took place, and, at time of incidents, district had not hired and was not supervising substitute teacher in that capacity.
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