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   State Courts - California - July 12 - July 13, 2001

  
Cornette v. Dep't of Transp., No. S089010., SUPREME COURT OF CALIFORNIA, July 12, 2001, Decided
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Overview: Although one element of design immunity was reserved to the court as trier of fact, where there were triable issues of material fact about loss of that immunity, trial court erred in denying plaintiffs a jury trial, so reversal was warranted.

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In re Jasmine P., No. B146014., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 12, 2001, Decided
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Overview: Since child had been living with grandmother, who was willing to be legal guardian, juvenile court did not have to order visitation with mother, thus guardianship order omitting mention of visitation was not in error.

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In re Marinna J., No. C036453, No. C036922., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 12, 2001, Decided
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Overview: Failure to notify known Indian tribe of parental rights termination proceeding was reversible error; since ICWA was intended to protect interests of Indian tribes, it could not be waived by parents' failure to raise it in juvenile court.

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People v. Griffin, No. A090561., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, July 12, 2001, Decided
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Overview: Court properly instructed jury regarding the elements of burglary, which did not require spatial and temporal proximity where entry was made to facilitate commission of another crime; a unanimity instruction was not required.

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Styne v. Stevens, No. S086787., SUPREME COURT OF CALIFORNIA, July 12, 2001, Decided
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Overview: In a civil action implicating the Talent Agencies Act, defendant was entitled to a new trial to assert its defenses to the underlying talent agency agreement.

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City of Cotati v. Cashman, A092242, A092868, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, July 13, 2001, Filed
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Overview: State suit filed in response to federal suit was not subject to anti-SLAPP statute because defendants' First Amendment rights were not implicated; both suits sought adjudication of validity of rent stabilization ordinance.

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In re Manolito L., No. C036963., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 13, 2001, Decided
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Overview: Due process of law did not require a higher standard of proof than a preponderance of the evidence in order to terminate parental visitation in a dependency proceeding on the basis that visitation was detrimental to the children.

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