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State Courts -
California - January 29, 2010
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Fireman's Fund Ins. Co. v. Workers' Comp. Appeals Bd., C062019,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 29, 2010, Filed
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Overview: California Workers' Compensation Appeals Board abused its discretion under Lab. Code, ? 5803, when it granted a petition by the California Insurance Guarantee Association (CIGA) to set aside a stipulation and order because of new case law; CIGA knowingly took the risk of uncertain law in settling, as authorized by Ins. Code, ? 1063.2, subd. (b).
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Lhotka v. Geographic Expeditions, Inc., A123725,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 29, 2010, Filed
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Overview: Travel company's form agreement limiting damages to the amount paid and imposing one-sided mediation, arbitration, and indemnification terms was unconscionable in light of its representation that all such companies had the same terms. Severance under Civ. Code, ? 1670.5, subd. (a), was properly denied because there were so many one-sided burdens.
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People v. Sisuphan, A122351,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 29, 2010, Filed
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Overview: In an embezzlement trial, defendant was not entitled to a defense instruction under Pen. Code, ? 512, despite his claim that he intended to and did return the money he took before criminal charges were filed, because under ? 512, intent to restore property was not a defense to embezzlement, even if the intent was present at the time of the taking.
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