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   State Courts - California - June 15, 2007

  
Expansion Pointe Properties Limited Partnership v. Procopio, Cory, Hargreaves & Savitch, LLP, D048189, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 15, 2007, Filed
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Overview: Claim that court erred by retrospectively applying California Supreme Court opinion disallowing recovery of punitive damages in legal malpractice action was waived, as client failed to raise it in trial court; further, law firm had no duty under Bus. & Prof. Code, § 6068, or Rules Prof. Conduct, rule 3-500, to advise the client of the opinion.

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In re Stier, A112248, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, June 15, 2007, Filed
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Overview: A trial court acted in excess of its authority in granting a physician habeas corpus relief from the duty to register as a sex offender pursuant to Pen. Code, § 290, because he was not in actual or constructive custody; prospect of loss of the physician's medical license pursuant to Bus. & Prof. Code, § 2232, did not prove constructive custody.

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In re Y.R., G037715, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 15, 2007, Filed
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Overview: In a parental rights termination case under Welf. & Inst. Code, § 366.26, substantial evidence supported the juvenile court's finding that two children were adoptable. The mother's challenge to the juvenile court's finding based on the older child's past behavioral problems failed to account for that child's marked and sustained improvement.

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Schulz v. Neovi Data Corp., G033879, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 15, 2007, Filed
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Overview: In a case alleging an illegal Internet lottery, a consumer stated a sufficient claim that payment processors violated the unfair competition statute, Bus. & Prof. Code § 17200, by aiding and abetting the scheme because the processors allegedly reviewed the site and provided substantial assistance or encouragement in the form of direct links.

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