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State Courts -
California - August 30 - September 4, 2002
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Johnson v. Superior Court, No. B155896.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 30, 2002, Decided , August 30, 2002, Filed
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Overview: Because defendant, a sperm bank, was a health care provider, plaintiffs were required to comply with a statute governing claims for punitive damages against a health care provider prior to amending their complaint to add a punitive damages claim.
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Warmington Old Town Assocs. v. Tustin Unified School Dist., No. G027494.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 30, 2002, Decided , August 30, 2002, Filed
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Overview: Complete demolition of residential apartments and replacement with newly constructed houses was not intended to fall within the gambit of "other residential construction" entitled to an offset under statutory imposition of school-impact fees.
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In re Karen C., No. B151911.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, September 3, 2002, Decided , September 3, 2002, Filed
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Overview: Court of appeal concluded that a determination had to be made by the juvenile court whether the presumption that a presumed mother was assumed not to be the child's birth mother had been rebutted by clear and convincing evidence.
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Sacramento Police Officers Assn. v. Venegas, No. C030428.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, September 3, 2002, Decided , September 3, 2002, Filed
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Overview: Pursuant to the Public Safety Officers Procedural Bill of Rights Act, an officer was entitled to review and respond to any adverse comments against him contained in an internal affairs file, as the file was maintained for personnel purposes.
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In re L. Y. L., No. D039515.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, September 4, 2002, Decided , September 4, 2002, Filed
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Overview: Even though a mother had the standing to contest termination of parental rights by establishing that severing sibling ties would be detrimental to the child, the trial court properly terminated rights as in the best interest of the child.
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People v. Gregory, F037202,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, September 4, 2002, Filed
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Overview: Defendant, who was delusional when he killed victim, was not entitled to a defense of imperfect self-defense, and therefore, a trial court erred in finding that counsel's failure to advise defendant of the defense entitled him to withdraw his plea.
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People v. Mehaisin, No. C037300.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, September 4, 2002, Decided , September 4, 2002, Filed
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Overview: Notwithstanding his claims of evidentiary error, defendant was properly found guilty of withholding his six-year-old daughter and his four-year-old son from their lawful custodian, their mother.
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Southern Cal. Edison Co. v. Public Utilities Com., No. B155748.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, September 4, 2002, Decided , September 4, 2002, Filed
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Overview: Decision of the Public Utilities Commission revising a formula used to determine the amount a utility company was required to pay the providers of small amounts of electricity was within the Commission's authority.
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