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   State Courts - California - August 9 - August 10, 2001

  
Conservatorship of Wendland, No. S087265., SUPREME COURT OF CALIFORNIA, August 9, 2001, Decided
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Overview: Conservator could not withhold artificial nutrition and hydration from a conscious conservatee in the absence of clear and convincing evidence that conservator's decision was in accordance with either conservatee's own wishes or best interest.

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Consumer Cause, Inc. v. Smilecare, No. B147727., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 9, 2001, Decided
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Overview: In an action under the Safe Drinking Water and Toxic Enforcement Act of 1986, the trial court improperly granted summary judgment; defendants failed to meet their burden of making a prima facie showing that an affirmative defense applied.

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In re Joshua M., No. E028003., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, August 9, 2001, Decided
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Overview: The offense of peeking did not require proof of specific intent to commit an offense if the opportunity arose, unlike loitering offense, therefore conviction of minor was affirmed. Jury instruction requiring intent was erroneous.

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In re Marriage of Cloney, No. A093238., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 9, 2001, Decided
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Overview: Escrow agent who learned, while notarizing sales documents, that property seller used two different names had actual knowledge; this was imputed to purchaser who thus had constructive notice of lien against seller recorded under his full name.

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Martin v. Wells Fargo Bank, No. C036454., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 9, 2001, Decided
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Overview: A bank was entitled to exercise a right of setoff for amounts due on consumer credit cards by debiting the consumers's joint checking account.

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People v. Seaton, No. S011425., SUPREME COURT OF CALIFORNIA, August 9, 2001, Decided
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Overview: Where victim was beaten twice with hammer and robbed, evidence supported finding that killing occurred during a robbery and supported defendant's felony murder conviction; use of restraints was improper but did not impact verdict.

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Rental Equip. v. McDaniel Builders, No. B139044., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, August 9, 2001, Decided
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Overview: Preliminary mechanic's lien notices of $ 10,000 were not a derived figure, arrived at by rational analysis as required by statute; foreclosure judgment against unpaid equipment rental company was supported by substantial evidence and affirmed.

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Francisco G. v. Superior Court, No. H022860., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, August 10, 2001, Decided
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Overview: Where father's parental rights to his own child as well as child's half-siblings were terminated after his child tested positive for cocaine after her birth, bypass provision could be applied to father who was not custodial parent.

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Karen H. v. Superior Court, No. C038357., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 10, 2001, Decided
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Overview: The juvenile court was permitted to deny mother's request for reunification services where the evidence showed that she had a history of substance abuse and a resistance to treatment.

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People v. Superior Court (gevorgyan), No. B147452, No. B147799., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 10, 2001, Decided
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Overview: Where minors were charged with murder, attempted murder, and street terrorism, Gang Violence and Juvenile Crime Prevention Act required they be prosecuted by way of information after preliminary hearing and not by grand jury indictment.

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