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State Courts -
California - June 26, 2009
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Charisma R. v. Kristina S., A122264,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 26, 2009, Filed
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Overview: In a dispute between a same sex couple who decided to have a child, trial court properly declared plaintiff a presumed parent of the child under Fam. Code, ? 7611, subd. (d), as there was no durational requirement, and substantial evidence supported findings that plaintiff received child into her home and openly held out child as her natural child.
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People v. Ulloa, B201072,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 26, 2009, Filed
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Overview: Because there was no evidence in the record to show whether a prior conviction was for a felony or for a misdemeanor punished as a felony pursuant to Pen. Code, ? 186.22, subd. (d), a true finding regarding a prior conviction of a serious felony allegation as defined in Pen. Code, ? 1192.7, subd. (c)(28), was not supported by substantial evidence.
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