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California Case Law Summaries |  | | January 31, 2012 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Family Law, Juvenile Law
• T.W. v. Superior Court (San Diego County Health and Human Servs. Agency)
Civil Procedure
• Chaaban v. Wet Seal, Inc.
Administrative Law, Evidence, Transportation
• Lane v. Valverde
Labor & Employment Law
• Neves v. California Dep't of Corrections and Rehabilitation
Education Law, Evidence, Labor & Employment Law
• Welch v. California State Teachers' Retirement Board
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LATEST SUMMARIES California Appellate Districts Family Law, Juvenile Law
T.W. v. Superior Court (San Diego County Health and Human Servs. Agency), No. D060636
In proceedings in mandate to review an order designating the specific placement of a dependent child after termination of parental rights, the petition is granted with directions, where the district court abused its discretion by denying a petition by the San Diego County Health and Human Services Agency to remove the child from the home of his prospective adoptive parent, because the district court did not give appropriate weight to the legislature's goal of securing an adoptive home for a dependent child that is free from the influences of criminal activity and substance abuse. Read more...
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Civil Procedure
Chaaban v. Wet Seal, Inc., No. G044718
In a wrongful termination suit that the plaintiff lost and after which the defendant filed a memorandum of costs, the trial court's order denying the plaintiff's motion to tax those costs is affirmed, where the costs were properly calculated and awarded in all respects, and Code of Civil Procedure section 998(c) gives the trial court the discretion to award expert fees to the defendant, regardless of whose witness the expert is, if the plaintiff fails to obtain a more favorable judgment or award after rejecting an offer to compromise. Read more...
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Administrative Law, Evidence, Transportation
Lane v. Valverde, No. F061775
In a case in which a driver tested above the legal limit for blood alcohol and had his driving privilege suspended by the DMV, the trial court's grant of a petition for a writ of mandate directing the DMV to reinstate the petitioner's driving privilege is reversed, where the blood alcohol testing instrument was not out of compliance with the regulation when the petitioner was tested, even though it may have been out of compliance with 17 Cal. Code Regs. section 1221.4(a)(2)(B) when it was next tested after use on the petitioner. Read more...
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Labor & Employment Law
Neves v. California Dep't of Corrections and Rehabilitation, No. F061770
On a petition for writ of mandate challenging the petitioner's firing from his job as a corrections officer, the trial court's issuance of the writ is reversed, where: 1) the petitioner presented no evidence that the Department of Corrections and Rehabilitation notified him of its decision to dismiss him more than 30 days after its decision to dismiss him was made; and 2) failed to demonstrate any violation of Government Code section 3304(f). Read more...
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Education Law, Evidence, Labor & Employment Law
Welch v. California State Teachers' Retirement Board, No. C062517
In an administrative mandamus proceeding brought by a former school teacher challenging the defendant’s denial of her application for disability retirement benefits, the trial court's denial of the writ petition is reversed and the case remanded, where: 1) misinformation received by the plaintiff from the defendant deprived her of a reasonable opportunity to develop contemporaneous evidence of her disability; 2) the defendant had the power under Education Code section 22308 to relieve the plaintiff from the consequences of her lack of proof because that lack of proof was attributable to the misinformation the defendant provided her. Read more...
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