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   State Courts - California - July 20, 2000

  
Cucamongans United for Reasonable Expansion v. City of Rancho Cucamonga, No. E024244., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 20, 2000, Decided
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Overview: Plaintiff's appeal moot because city did not have jurisdiction to require environmental report because no discretionary approval involved, but finding that no increased likelihood of landslide existed was supported by substantial evidence.

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In re Kelly D., No. C033867., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 20, 2000, Decided
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Overview: Father was entitled to a status review hearing when he challenged agency's proposed modification in visitation. Juvenile court's denial of hearing was a miscarriage of justice. Father entitled to notice and to argue case.

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McCullah v. S. Cal. Gas Co., No. B136358., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, July 20, 2000, Decided
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Overview: Disability discrimination in employment cases were unsuitable for certification as class actions because of the highly fact-specific determinations regarding disability that had to be made in every individual case.

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People v. Giardino, No. E023991., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 20, 2000, Decided
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Overview: In rape by intoxication case, trial court committed prejudicial error in failing to explain to jury the meaning of "prevented from resisting," as there was evidence victim was not so intoxicated as to be deprived of reasonable judgment.

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People v. Jones, No. B133543., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, July 20, 2000, Decided
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Overview: Store employees were all subjected to force or fear and had a sufficient possessory interest in their employer's property to be the victims of attempted robbery.

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State Bd. of Equalization v. Woo, No. A088646., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 20, 2000, Decided
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Overview: Taxpayer wife was precluded from using a fraudulent transmutation of community property to separate assets to avoid her husband's tax debt.

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Streit v. Covington & Crowe, No. E023862., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 20, 2000, Decided
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Overview: Lawyer and his firm that specially appeared as courtesy for plaintiff's counsel had an attorney-client relationship, and therefore owed plaintiff a duty of care, so summary judgment in malpractice action was reversed.

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