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   State Courts - California - June 21, 2001

  
Am. Online v. Superior Court, No. A092813., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 21, 2001, Decided
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Overview: A forum selection clause was unenforceable because it violated California public policy. Rights of consumer class members would have been substantially diminished if they were required to litigate dispute in Virginia.

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Estate of Griswold, No. S087881., SUPREME COURT OF CALIFORNIA, June 21, 2001, Decided
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Overview: Despite lack of contact between father and decedent, where father admitted and paid support, father acknowledged decedent within the meaning of the intestacy statutes, and prior paternity proceeding precluded relitigation of the issue.

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Guardians of Elk Creek Old Growth v. Dep't of Forestry & Fire Prot., No. A088611., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, June 21, 2001, Decided
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Overview: Petition challenging approval of a timber harvest plan was dismissed for petitioner's failure to comply with a provision of the California Environmental Quality Act requiring petitioner to request a hearing within 90 days of filing the petition.

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Neal v. Superior Court, No. G028185., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 21, 2001, Decided
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Overview: The family law court had jurisdiction over a civil action which was really nothing more than reruns of a family law case.

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People v. Cheek, No. S083305., SUPREME COURT OF CALIFORNIA, June 21, 2001, Decided
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Overview: A defendant at a show cause hearing for annual review of sexually violent predator status has a right to present oral testimony, including expert testimony, and to cross-examine the authors of adverse medical reports.

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People v. Cunningham, No. S010856., SUPREME COURT OF CALIFORNIA, June 21, 2001, Decided
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Overview: Where the trial court properly conducted voir dire of a capital punishment jury prior to the penalty phase of the trial, there was no error, and the remainder of alleged error meritless, conviction and sentence of death affirmed.

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People v. Zangari, No. A091689., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, June 21, 2001, Decided
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Overview: Substantial evidence supported trial court's conclusion that defendant's prior Oregon burglary conviction was properly alleged and proven as a strike under California's Three Strikes Law.

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