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   State Courts - California - October 26 - October 27, 2000

  
Craig v. Brown & Root, No. B136651., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, October 26, 2000, Decided
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Overview: An employee was required to submit her wrongful termination claim against employer to binding arbitration; employer produced evidence that employee received a letter explaining the terms of the dispute resolution program.

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In re Aljamie D., No. B139517., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, October 26, 2000, Decided
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Overview: Mother was entitled to full hearing on petition to modify order of long-term foster care. It was an abuse of discretion by the juvenile court to deny mother's petition when she had made out a prima facie case of changed circumstances.

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In re Jean B., No. B138804., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, October 26, 2000, Decided
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Overview: In a dependency proceeding where a child had been abducted by his father, the dependency court erred in terminating jurisdiction; the court should have issued warrants and undertaken action to secure the child's return.

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Marina Emergency Medical Group v. Superior Court, No. B142473., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, October 26, 2000, Decided
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Overview: In a medical malpractice action against an emergency room physician, evidence of the subsequent negligence of plaintiff's personal physician was admissible to prove comparative fault.

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Oriola v. Thaler, No. A085459., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, October 26, 2000, Decided
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Overview: Because parties did not have dating relationship as required under statute because appellant advised respondent at outset she was not interested in romantic relationship, denial of appellant's application for restraining order affirmed.

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People v. Davis, No. C031599., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, October 26, 2000, Decided
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Overview: A belated, warrantless seizure of items from defendant's property stored in the jail property room did not violate his Fourth Amendment rights.

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Gallardo v. Specialty Rests. Corp., No. B134963., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, October 27, 2000, Decided
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Overview: The perfecting of an appeal stayed proceedings in the trial court, including cost awards.

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Minster v. Contadina Foods, Inc., A089857, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, October 27, 2000, Filed
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Overview: In a tort action, a hirer's duty to exercise reasonable care in employing a competent and careful independent contractor with the skills necessary to perform the work did not extend to an employee of the independent contractor.

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Wagner v. Apex Marine Ship Mgmt. Corp., A087349, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, October 27, 2000, Filed
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