California, February, 2002, State Case law

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State Courts - California - February 13 - February 14, 2002

Anaya v. Superior Court, No. B152460., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, February 13, 2002, Decided
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Overview: The City's liability for the negligent maintenance and operation of a helicopter was not precluded by a statutory limit on the recovery of noneconomic damages.

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Benasra v. Mitchell, No. B147537., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 13, 2002, Decided
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Overview: In breach of duty of loyalty suit filed against attorneys, the claim preclusion aspect of res judicata did not apply to an arbitration panel's denial of a motion to disqualify counsel.

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In re Erik A., S103132, SUPREME COURT OF CALIFORNIA, February 13, 2002 Filed
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Mercuro v. Superior Court, No. B153355., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 13, 2002, Decided
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Overview: An arbitration agreement was found unenforceable against an employee, because the employer used threats and cajoling to coerce the employee into signing it.

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People v. Haykel, No. G028079., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 13, 2002, Decided
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Overview: A prior conviction for assault by means of force likely to produce great bodily injury could not count as a strike under the Three Strikes law.

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People v. Reliford, S103084, SUPREME COURT OF CALIFORNIA, February 13, 2002, Filed
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Smith v. Workers' Comp. Appeals Bd., No. B151002., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, February 13, 2002, Decided
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Overview: Where employee was injured while performing subcontract, only subcontractor could be held liable; subcontractor did not reveal to general contractor that he was exempt from requirement to secure workers' compensation insurance.

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People v. Johnson, No. D035346., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 14, 2002, Decided
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Overview: In a sentencing matter, the court properly used the same prior felony conviction to double defendant's terms under the three strikes law to elevate four counts of child molestation to felonies and to impose a five-year serious felony enhancement.

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Phillips v. St. Mary Reg'l Medical Ctr., No. E029143., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 14, 2002, Decided
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Overview: Trial court erred in sustaining an employer's demurrer to employee's wrongful termination claim on the ground that the employee could not apply Title VII as a public policy source for his claim.

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