CrimeVictimsRightsADA

http://www.ksag.org/files/2010_CVRC_Brochure_PDF.PDF - Powered by Google Docs



riverside

Permalink: http://www.diigo.com/09mih

in reference to: http://www.ksag.org/files/2010_CVRC_Brochure_PDF.PDF - Powered by Google Docs (view on Google Sidewiki)

Causation in Criminal Responsibility

Causation in Criminal Responsibility
Marcelo Ferrante
(doi: 10.1525/nclr.2008.11.3.470)

in reference to:

"Causation in Criminal Responsibility Marcelo Ferrante (doi: 10.1525"
- http://caliber.ucpress.net/doi/pdfplus/10.1525/nclr.2008.11.3.470 (view on Google Sidewiki)

Twin Pines-Federal or County Law?

This is Google's cache of http://home.att.net/~slomansonb/CalCivPro-3.html. It is a snapshot of the page as it appeared on Feb 2, 2010 18:39:04 GMT. The current page could have changed in the meantime. Learn more

Text-only versionThese search terms are highlighted: under federal law california legislation These terms only appear in links pointing to this page: 243 twin pines area
..........Cases and Materials on California Civil Procedure (3d ed. ThomsonWest 2008) All Rights Reserved
.....................................................................................Chapter 3: Pleadings and Joinder

........................................................................................................A. Complaint
1. Special Filing Requirements
p. 126, add second federal example on line 6, after "intervention):" The FTCA provides that a claim against the US is barred unless it is "presented in writing to the appropriate Federal agency within two years after such claim accrues or is begun within six months after the date of [the agency's] mailing * * * of notice of the final denial * * *. 28 USC § 2401(b).

p. 127, add to pre-filing notice bullet list:
.....o Under the California Whistle Blowers Act, Gov't Code § 8547 et seq., an action for damages by a University of California employee "shall not be available ... unless the injured party has first filed a complaint with the [designated] university officer ..., and the university has failed to reach a decision ... within the time limits established ... by the regents." As the statute clearly states, a former employee's action was precluded when the university timely decided his retaliation complaint. Miklosy v. Regents of the University of California, 44 Cal.4th 876, 80 Cal.Rptr.3d 690, 156 P.3d 629 (2008). The same Act also requires certain state employees to first file a complaint with the State Personnel Board. State Board of Chiropractic Examiners v. Superior Court, 45 Cal.4th 963, 89 Cal.Rptr.3d 576, 201 P.3d 457 (2009).
..... o Certain California litigants must obtain a pre-filing order after they have unsuccessfully pursued too many lawsuits within a specified period. See below---E. Truth in Pleading, 1. Frivolous Pleadings, (a) Vexatious Litigants. ..

p. 130, after the Wurts case: for the California Supreme Court Government Claims Act Stockton case: click here.
For the Court's application of the MICRA § 364 pre-filing notice to health care service professionals, see Woods v. Young, 53 Cal.3d 315, 279 Cal.Rptr. 613, 807 P.2d 455 (1991). Failure to file the required notice "shall be grounds for professional discipline," but "shall not invalidate any proceedings." CCP § 365. "No particular form of notice is required." CCP § 364(b).

p.131, add the following as the second sentence within Note 3: Therefore, "timely claims presentation is not merely a procedural requirement, but rather, * * * an element of the plaintiff's cause of action. A complaint which fails to allege facts demonstrating either that a claim was timely presented or that compliance with the claims statute is excused, is subject to a general demurrer for failure to state facts sufficient to constitute a cause of action." K.J. v. Arcadia Unified School District, 172 Cal.App.4th 1229, 1238, 92 Cal.Rptr.3d 1, 7 (2009).

p. 131, add following as new Note 8: Assume that a provision in a contract with a local city governmental entity calls for a contractually mandated claim procedure. The plaintiff complies with that procedure. The Government Code also mandates notice under the Government Claims Act. Does the plaintiff have to provide a second round of notice? See Builders v. City of Berkeley, 166 Cal.App.4th 276, 82 Cal.Rptr.3d 605 (2008).

2. Categories of Complaint
p. 137, end of section 2. add new subsection: (d) Incorporation by Reference
.....A pleader may effectively state a valid cause of action by reference to another portion of the pleader's own complaint, or cross-complaint. As noted by the California Court of Appeal: “The phrase 'incorporation by reference

in reference to: Search Results - THOMAS (Library of Congress) (view on Google Sidewiki)

San Bernardino

Congress

in reference to: San Bernardino, California - Wikipedia, the free encyclopedia (view on Google Sidewiki)

Homicideelders

HomicideofNyeFra

in reference to: http://hector.uchastings.edu/hlj/archive/vol60/Meirson_60-HLJ-431.pdf - Powered by Google Docs (view on Google Sidewiki)