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   State Courts - California - January 17, 2008

  
Amtower v. Photon Dynamics, Inc., H030386, H030477, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 17, 2008, Filed
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Overview: In a suit involving a corporate merger, trial court properly dismissed a claim under ? 11 of federal Securities Act of 1933, 15 U.S.C. ? 77k, by former president of the acquired corporation; the claim was barred by statute of limitations as a matter of law, and there was no evidence that president could produce that would change that result.

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Bradley v. California Dept. of Corrections & Rehabilitation, F049541, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 17, 2008, Filed
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Overview: A social worker who was placed at a prison by a temporary service agency had standing to sue the department of corrections under FEHA because she was a special "employee." Further, a bogged-down investigation process did not satisfy the requirement that corrective action be taken after the social worker reported harassment by a prison chaplain.

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Burdette v. Carrier Corp., C050299, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 17, 2008, Filed
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Overview: Claim preclusion barred a slander claim against a corporation based upon statements made during the period covered by a previous federal claim because they were raised or could have been raised in the federal action; further, issue preclusion barred a claim against a manager because the federal claim alleged defamatory remarks by unnamed employees.

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In re James F., S150316, SUPREME COURT OF CALIFORNIA, January 17, 2008, Filed
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Overview: Juvenile court's failure to explain the nature of a Code Civ. Proc., ? 372, guardian ad litem appointment to an incompetent father in dependency proceedings was amenable to harmless error analysis; the father suffered no actual prejudice because the evidence showed that he was incompetent and he probably would have consented to the appointment.

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In re James W., B203056, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 17, 2008, Filed
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Nguyen v. Nguyen, G038705, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 17, 2008, Filed
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Overview: In a case in which a candidate, after an election contest, sought to be declared the winner of an election for a county supervisorial seat, Elec. Code, ?? 15627 & 19253, permitted paper ballots to be recounted manually while electronic ballots could be recounted electronically, notwithstanding the candidate's argument to the contrary.

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People v. Carroll, F051709, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 17, 2008, Filed
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People v. Chakos, G037004, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 17, 2008, Filed
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Sheller v. Superior Court, B190479, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, January 17, 2008, Filed
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Overview: No authority existed for trial court to order attorney appearing pro hac vice under Cal. Rules of Court, rule 9.40, to pay attorney fees to opposing party or to formally reprimand him; court had inherent authority to revoke his pro hac vice status in, at least, any circumstance in which it could disqualify California attorney from particular case.

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