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   State Courts - California - January 31, 2001

  
Camargo v. Cal. Portland Cement Co., No. C033137., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2001, Decided
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Overview: Plaintiff did not forfeit her statutory cause of action for sex discrimination and harassment by first pursuing her grievance to final arbitration under the nondiscrimination clause of a collective-bargaining agreement.

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In re Francisco M., No. B146747, No. B146905., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 31, 2001, Decided
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Overview: Statute authorizing detention of material witnesses was not facially unconstitutional, but petitioners were entitled to hearing as to whether they should remain in custody. Immediate release of petitioners was not warranted.

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In re Steven H., No. G027222., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 31, 2001, Decided
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Overview: Dismissal of appeal on a mother's behalf from a judgment terminating her parental rights to her child was improper, where the basis of the appeal was lack of proper notice to the mother in trial court.

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Leko v. Cornerstone Bldg. Inspection Serv., No. B137570., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 31, 2001, Decided
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Overview: Public policy did not preclude realtors from seeking equitable indemnity against home inspectors who knew or should have known of property's defects, but did not disclose said defects, resulting in injury to purchasers.

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Levitz Furniture Co. v. Wingtip Communications, No. A090039., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 31, 2001, Decided
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Overview: In unlawful detainer action, three-day notice to pay or quit was valid, even though the notice included rent due for over a year, where the notice also included a demand for payment of rent due within a year of the notice.

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People v. Pierson, No. C032401., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2001, Decided
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Overview: Instructional error that relieved the prosecution of the burden of proving beyond a reasonable doubt each element of the charged offense violated a defendant's rights under both the federal and state constitutions.

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People v. Sanchez, No. C032228., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2001, Decided
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Overview: Where intoxicated defendant lost control of car, crashed into house, and killed a person, court erred in instructing jury that person who kills a human being while violating vehicle code was guilty of second degree murder.

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Silo v. CHW Medical Foundation, C022895, C024033, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2001, Filed
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Overview: Where employee sued foundation for religious discrimination after employee was fired for preaching at work, foundation was exempt from fair employment law. Also, supervisors could not be liable for acts of discrimination.

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Tognazzini v. San Luis Coastal Unified Sch. Dist., No. B137084., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 31, 2001, Decided
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Overview: Denial of motion for judgment notwithstanding verdict upheld because respondent was not acting within scope of employment when she fulfilled state mandate to get fingerprinted on her own time, without specific direction from school district.

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