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   State Courts - California - January 27, 2006

  
Bugarin v. Chartone, Inc., B184462, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 27, 2006, Filed
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Overview: Trial court properly sustained demurrer to complaint alleging that fees charged by health care clearinghouse for copying patient's medical records were excessive. Law firm representing patient was not "individual" who was subject of protected health information and was thus not entitled to cost-based fees required by 45 C.F.R. ¿ 164.524(c)(4).

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City of Stockton v. Workers' Comp. Appeals Bd., C050085, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 27, 2006, Filed
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Overview: Where a police officer injured his leg while off duty, playing in a pickup game of basketball at a private facility, his injury was not covered by workers' compensation pursuant to Lab. Code, ¿ 3600, subd. (a)(9), because the employer did not expect him to participate in the specific activity during which he was injured.

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Endres v. Moran, B176874, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 27, 2006, Filed
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In re Baby Girl M., D046838, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 27, 2006, Filed
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Overview: Juvenile court exceeded the bounds of its discretion in terminating parental rights under Fam. Code, ¿ 7825, because the facts underlying the father's convictions for burglary and drug possession showed no direct indicators of parental unfitness, such as violence, lewd behavior, use of family home, harm to family members, or involvement of minors.

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Mills v. Superior Court, B184760, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 27, 2006, Filed
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Overview: A trial court properly sustained an employer's demurrer as to an employee's causes of action against the employer predicated on the idea that payments under Lab. Code, ¿ 226.7, were wages because the failure of ¿ 226.7 to correlate the payment due to any additional labor performed by the employee undermined her argument the payment was a wage.

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