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State Courts -
California - January 24, 2007
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Manderville v. PCG&S Group, Inc., D047285,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 24, 2007, Filed
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Overview: Trial court erred in granting summary judgment to real estate brokers on a claim that they intentionally misrepresented the use of the property; although the contract provided that the buyers were to satisfy themselves as to representations regarding use, Civ. Code, § 1668, did not allow anyone to be contractually exempted from liability for fraud.
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Ross v. San Francisco Bay Area Rapid Transit Dist., A110543,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, January 24, 2007, Filed
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Overview: The San Francisco Bay Area Rapid Transit District was immune from liability under Gov. Code, § 815.2, as to a former employee's claims of discrimination and wrongful termination in violation of public policy. The claims came within the scope of Gov. Code, § 821.6, because they fell under the rubric of malicious prosecution discussed in case law.
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Womack v. San Francisco Community College Dist., A112564,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 24, 2007, Filed
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Overview: Temporary instructor was not entitled to reinstatement to a position with a community college district because he did not work more than 60 percent of a full-time assignment, as defined by the district, and therefore did not become a contract employee under Ed. Code, §§ 87482.5, 87604; the district had discretion to define a full-time assignment.
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