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State Courts -
California - May 10, 2007
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California State Parks Foundation v. Superior Court, D049205,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 10, 2007, Filed
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Overview: In a challenge to certification of an environmental impact report for a road project, the trial court erred in transferring venue to the county where the agency was located; the exception in Code Civ. Proc., ? 393, subd. (b), for actions against public officers was not limited to actions seeking to vindicate private, as opposed to public, rights.
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County of Los Angeles v. Commission on State Mandates, B183981,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, May 10, 2007, Filed
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Overview: As Gov. Code, ? 17516, subd. (c), was unconstitutional to extent it exempted regional water boards from the Cal. Const., art. XIII B, ? 6, state mandate subvention requirement, a court properly issued writ of mandate directing commission on state mandates to resolve test claims presented by county and cities on merits without reference to ? 17516c.
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In re Joseph M., B190202,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 10, 2007, Filed
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Overview: Under Welf. & Inst. Code, ? 731, subd. (b), the juvenile court had the discretion to consider the facts and circumstances of defendant minor's carjacking case in setting a period of physical confinement that was less than the maximum adult term but within the sentencing triad described in Pen. Code, ? 1170, subd. (a)(3).
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