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State Courts -
California - January 28, 2010
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Biscaro v. Stern, B205856,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 28, 2010, Filed
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Overview: Where a trial court failed to rule on a former husband's motion for accommodation of his disability as required by Cal. Rules of Court, rule 1.100, a reviewing court was unable to assess meaningfully what impact the grant of accommodation would have had on the proceedings; thus, the error was structural without a showing of prejudice.
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Katzeff v. California Dept. of Forestry & Fire Protection, A122642,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 28, 2010, Filed
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Overview: Although timber harvesting plans had expired pursuant to Pub. Resources Code, ? 4590, subd. (a), the approval of a conversion exemption under Pub. Resources Code, ? 4584, subd. (g)(1), and Cal. Code Regs., tit. 14, ? 1104.1, subd. (a), required further environmental review to determine whether a wind buffer mitigation measure was still necessary.
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Mansouri v. Superior Court, C062366,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 28, 2010, Filed
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Overview: Demand and refusal to arbitrate under the agreement, as a prerequisite to a petition to compel arbitration under Code Civ. Proc., ? 1281.2, was not proven because the arbitration provision specified a three-arbitrator panel, but the request that was refused was a request for arbitration before a single arbitrator unilaterally selected.
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Pellegrino v. Robert Half Internat., Inc., G039985,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 28, 2010, Filed
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Overview: Employment agreement provision shortening the statute of limitations for employee claims to six months was unenforceable because Lab. Code, ? 219, precluded waiver of overtime claims under Lab. Code, ?? 510, subd. (a), 1194, 201, 202, 203; meal and rest break claims under Lab. Code, ?? 512, 226.7; and a wage statement claim under Lab. Code, ? 226.
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Stewart v. Rolling Stone LLC, A122452,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 28, 2010, Filed
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Overview: In a class action suit brought by musicians against defendants for, inter alia, commercial misappropriation, defendants' conduct was protected by the anti-SLAPP statute, where the act from which the complaint arose constituted conduct in furtherance of the right of free speech in connection with a public issue or an issue of public interest.
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