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According to this article, it seems that the contract clause 1 would be valid, but 2 would not. Further, Dr. Lee’s claims that she would waive child-support were meaningless, as such agreements cannot be entered into in California. The judge found that the parties had to abide by the prior agreement, meaning that the embryos had to be destroyed as a result ...


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australia No such child is legally possible Australian law requires both partners’ consent at the time of implantation. Under Australian law, it is illegal for the embryo to be implanted in Alice (or anyone else), without both Alice’s and Bob’s consent.


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Are there any case law for written reply to letters or emails constitute proof of service of process? More precisely, there is case law reflecting that the defendant's reply might be tantamount to waiving the entitlement to further --or to formalities of-- service. See Hwang v. Chu, (CA Court of Appeals, unpublished, Sept. 2016) ("[I]f the ...


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A response is proof of delivery and notice. The filing of an answer with a court to a complaint in a civil action waives the defense of improper service of process, unless the responsive pleading raised that issue immediately. But no other form of response to a complaint improperly served (such as responding to it with an email) waived the defense of ...


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There is no statutory statement in the Vehicle Code which addresses the question: there are provisions regarding "roadways", intersections and marked crosswalks, and no provision that says "everywhere". The determination of liability then reduces to general principles of liability and negligence, which are very fact-centric. An example of ...


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Generally, it is forbidden on Santa Clara County property. Santa Clara County Ordinances section B19-10 (a): It shall be unlawful for any person to bring onto or possess a Firearm, loaded or unloaded, or Ammunition, or both, on County Property. This subsection shall not apply where the possession of Firearms or Ammunition is prohibited by State law. There ...


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It depends on who is doing the defining. The FBI reports crime statistics and has a category of violent crime. They say that under the Uniform Crime Reporting (UCR) Program, violent crime is composed of four offenses: murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Violent crimes are defined in the UCR Program as those offenses ...


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Is a robbery that includes smashing a car window with the driver inside considered a non-violent property crime? Robbery is classified as a violent crime. Whether or not this fact pattern would count as robbery as opposed to burglary or theft and vandalism would depends upon California's penal statutes. Burglary is sometimes considered a violent crime (e.g. ...


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This is a fairly old question, and you may very well have burnt yourself in the act, but in case others find it, let it be said: Hiring someone to "overhear a conversation from an adjacent table" may very well end you up in jail. Penal Code § 632 prohibits and orders confidential communications to be, not only recorded, but overheard. Now, of ...


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Generally... There are important caveats to the general "two-party" consent rule in the State of California; I will attempt to generally describe some of them. "To violate the PC section 632 rule the communication must be "confidential" - this means that recordings taken in places where the other party should have reasonably ...


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Absent a divorce or termination of parental rights case (and certain cases of a probate/trust character), this would almost never happen. In divorce, probate and trust cases, the party may have an equitable interest in property controlled by another which justifies a pre-merits determination award out of property that is really their's not due to the merits ...


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This is not a thing that can happen. If the case is in federal court, 28 U.S. Code § 1915 permits the court to appoint counsel to represent an indigent plaintiff. In state courts, my understanding is that California law only permits the court to appoint plaintiff's counsel in certain family-law matters. If the defendant's case to avoid liability is frivolous,...


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Interlocutory appeals are very rarely permitted at all. The advisability of even considering bringing one depends on the nature of the issue involved. Appeals From State Courts To The Federal Courts Are Not Permitted You can never file an appeal interlocutory or otherwise from a state court to the United States District Court for the [geographic jurisdiction]...


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Assuming you have a right of interlocutory appeal at all -- you usually don't -- you would file the appeal in the Courts of Appeal for whichever district. There are some types of cases that can be appealled directly to the California Supreme Court, or where you could petition the federal courts for an order to vacate the trial court's ruling, but these would ...


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Unless specifically prohibited by law, schools can teach specific viewpoints. An example of "specifically prohibited" is RCW 42.17A.555 in Washington, No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public ...


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