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State Courts -
California - January 10, 2007
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D.H. Williams Construction, Inc. v. Clovis Unified School Dist. , F049526 & F049632,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 10, 2007, Filed
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Overview: Because the Subletting and Subcontracting Fair Practices Act, Pub. Contract Code, ? 4100 et seq., had no implied requirement that all subcontractors listed in the bid pursuant to Pub. Contract Code, ? 4104, be licensed when prime bids were submitted, a contractor's bid could not be deemed nonresponsive because it listed an unlicensed subcontractor.
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Knapp v. Palisades Charter High School, B185996,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 10, 2007, Filed
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Overview: Assuming a charter school could demonstrate that it was a nonprofit corporation independent from its chartering authority, a visiting student was not required to present written claims to the school under the California Government Tort Claims Act, Gov. Code, ? 900 et seq., before filing sexual harassment and tort claims against the school.
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Ramos v. Superior Court, B192395,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 10, 2007, Filed
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Overview: Trial court should have dismissed a felony complaint for accessory to murder because defendant's preliminary hearing was continued at the request of codefendants to a date more than 60 days after defendant's arraignment, even though defendant had not waived the 60-day requirement of Pen. Code, ? 859b. Pen. Code, ? 1050.1, did not change the result.
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