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   State Courts - California - July 13, 2009

  
In re R.M., B210077, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 13, 2009, Filed
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Overview: Evidence was insufficient to support juvenile dependency petition as to mother. Although mother's children admitted engaging in inappropriate sexual conduct with each other, nothing in the record supported the conclusion that mother inadequately supervised them, for whatever reason, or that mother should earlier have been aware of their conduct.

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People v. Dillon, A117853, A119292, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, July 13, 2009, Filed
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People v. Traylor, S157820, SUPREME COURT OF CALIFORNIA, July 13, 2009, Filed
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Overview: Under Pen. Code, ? 1387, subd. (a), the prior dismissal of a felony complaint against defendant for vehicular manslaughter with gross negligence did not bar a subsequent prosecution for the lesser included misdemeanor offense of vehicular manslaughter with ordinary negligence.

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Turner v. Schultz, A121642, A121707, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 13, 2009, Filed
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Overview: Attorney fee award could be made by the trial court under Civ. Code, ? 1717, prior to arbitration for fees incurred in successfully opposing an independent complaint for declaratory and injunctive relief that addressed only the issue of whether arbitration should be allowed to proceed; such fees were permissible under both the contract and ? 1717.

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