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State Courts -
California - June 19, 2009
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Bisno v. Douglas Emmett Realty Fund 1988, B193604, B195422,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, June 19, 2009, Filed
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Overview: In a landlord/tenant dispute, summary adjudication was properly granted to the landlord on the tenant's malicious prosecution claim, because the landlord relied on the advice of counsel when it sought a rent increase to $ 4,295 under the Costa-Hawkins Rental Housing Act, even though the lease limited an increase when the unit was sublet to $ 2,000.
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In re A.S., E045331,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 19, 2009, Filed
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Overview: In a case in which juvenile court had terminated a dependency with respect to father's child, and six years later father filed a petition pursuant to Welf. & Inst. Code, ? 388, asking the juvenile court to set aside its original jurisdiction findings, juvenile court should have dismissed father's ? 388 petition for lack of jurisdiction.
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Kevin Q. v. Lauren W., G040343,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 19, 2009, Filed
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Overview: Because a voluntary declaration of paternity signed by a child's biological father functioned as a judgment of paternity under Fam. Code, ? 7573, a trial court erred in finding that another man was the father of the child under the rebuttable presumption established in Fam. Code, ? 7611, subd. (d).
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People v. Valdez, E045289,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 19, 2009, Filed
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Overview: Although defendant argued that the prohibition set forth in Pen. Code, ? 1203.065, on granting probation to one convicted of rape with a foreign object, or in his case, of raping his wife with a foreign object, violated equal protection because there was no similar prohibition for his rape of his wife, defendant's contention was rejected.
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