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   State Courts - California - July 5 - July 9, 2001

  
Camargo v. Tjaarda Dairy, No. S088632., SUPREME COURT OF CALIFORNIA, July 5, 2001, Decided
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Overview: Dairy that hired trucking company was not liable for the company's failure to determine whether their employee was qualified to operate a tractor safely. Peculiar risk doctrine applied so hirer was not liable for contractor's negligent hiring.

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Grant v. Superior Court, No. H021901., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 5, 2001, Decided
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Overview: Trial court did not abuse its discretion in denying as untimely peremptory challenge filed 11 days before case management conference; no all purpose assignment, trial, or hearing was pending where court would rule on issue of law or fact.

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People ex rel. Orloff v. Pac. Bell, A089528, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 5, 2001, Filed
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People v. Masloski, No. S088091., SUPREME COURT OF CALIFORNIA, July 5, 2001, Decided
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Overview: After judge refused to sentence defendant to low term because she failed to appear for sentencing, she could not withdraw plea. "Cruz waiver" stating that a longer sentence could be imposed if she did not appear was part of plea agreement.

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People v. Vasquez, No. S085584., SUPREME COURT OF CALIFORNIA, July 5, 2001, Decided
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Overview: Vacated child sexual abuse conviction in Texas was properly admitted in SVPA civil commitment proceeding; Texas statute did not erase felony, but only restored civil rights, so civil restrictions could be imposed on defendant to protect public.

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In re Carrie M., No. B146015, No. B148362., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, July 6, 2001, Decided
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Overview: Mother was entitled to seek review of termination order by petition for writ of habeas corpus based on ineffective assistance of counsel because the termination order was not final and the petition was filed concurrently.

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Foxgate Homeowners Ass'n v. Bramalea Cal., No. S087319., SUPREME COURT OF CALIFORNIA, July 9, 2001, Decided
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Overview: Appellate court erred in creating bad faith exception to statutes governing confidentiality of mediation communications; exception was inconsistent with unambiguous statutes and policy favoring mediation.

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People v. Buckhalter, No. S086220., SUPREME COURT OF CALIFORNIA, July 9, 2001, Decided
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Overview: Defendant serving indeterminate life sentence was not eligible to earn prison worktime credits for period when he was confined in county jail to permit his appearance in sentencing remand proceedings. Trial court could recalculate credits.

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