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   State Courts - California - August 21 - August 22, 2001

  
CBS Broad. v. Superior Court, No. B148502., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 21, 2001, Decided
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Overview: Broadcasting company was granted motion to compel department of social services to disclose lists of all persons with criminal convictions who received exemptions allowing them to work in licensed day care, and those day-cares.

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In re Christopher K., No. G027388., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 21, 2001, Decided
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Overview: Proving possession of an altered weapon was insufficient to prove that juvenile obliterated the identifying marks for purposes of finding him guilty of obliteration of the identification of a firearm.

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Lam v. Ngo, No. G026329., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 21, 2001, Decided
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Overview: Denial of protesters' anti-strategic lawsuit against public participation suit motion to strike against amended complaint from person whom they protested against was affirmed only to extent he complained against violent acts.

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Lockley v. Law Office of Cantrell, No. B145169., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 21, 2001, Decided
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Overview: Law office continuously represented client in matter related to workers' compensation case, so statute of limitations was tolled; judicial notice of modified appellate opinion was improper as client had no chance to contest finding therein.

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People v. Singh, No. 574242, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, SAN JOAQUIN COUNTY, August 21, 2001, Decided
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Overview: Conviction for exceeding the maximum speed limit was affirmed when the officer testified he clocked offender on radar at a speed in excess of the maximum speed limit, no speed trap was involved, and the anti-speed-trap laws did not apply.

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Rosenman v. Christensen, No. B131078., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 21, 2001, Decided
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Overview: In a dispute brought under the California Fair Employment and Housing Act, the trial court erred in awarding attorney fees in the absence of a finding that appellant's case was frivolous, unreasonable, or totally without foundation.

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Saks v. Charity Mission Baptist Church, B082512, B092393, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 21, 2001, Filed
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Fraizer v. Velkura, No. B142396., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, August 22, 2001, Decided
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Overview: In wrongful death action, court erred in granting summary judgment in favor of physician as grandmother had standing to bring action, as order terminating parental rights of deceased's parents had no effect on her relationship with deceased.

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Humphrey v. Appellate Division, B149998, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 22, 2001, Filed
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Overview: Denial of prohibition writ to avoid search warrant for HIV test was error; affidavit was based on victim's mother's information and belief, and nothing indicated why it could not have been submitted by persons with personal knowledge.

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People v. Cook, No. C030492., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 22, 2001, Decided
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Overview: Trial court properly instructed the jury sua sponte on conspiracy to commit assault with a firearm as a lesser included offense of conspiracy to commit murder where the overt acts pleaded in the charge of conspiracy included the lesser offense.

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