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   State Courts - California - January 31, 2002

  
Cal. Corrctional Supervisors Org. v. Dep't of Corr., No. C037493., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2002, Decided
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Overview: Denial of writ to compel department of corrections to discontinue certain staffing practices was affirmed when it was not shown that the department breached its duty to its employees to provide a safe workplace.

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Hooker v. Dep't of Transp., No. S091601., SUPREME COURT OF CALIFORNIA, January 31, 2002, Decided
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Overview: The estate of an employee of an independent contractor was not permitted to sue the hirer of a contractor for the tort of negligent exercise of retained control.

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Hyatt v. Tedesco, No. BV23290, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, January 31, 2002, Decided
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Overview: In an unlawful detainer action, tenant was entitled to a conditional judgment in her favor, as she provided evidence of a breach of warranty of habitability.

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McKown v. Wal-Mart Stores, No. S091097., SUPREME COURT OF CALIFORNIA, January 31, 2002, Decided
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Overview: Store that hired independent contractor to install sound system was liable to the contractor's employee, where the store's provision of unsafe equipment affirmatively contributed to the contractor's employee's injury.

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Moon v. Guardian Postacute Servs., No. A094155., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 31, 2002, Decided
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Overview: Son-in-law failed to sufficiently allege NIED on a bystander and direct victim claim after he observed nursing facility abuse mother-in-law; such claims were limited to parents, spouses, siblings, children, and grandchildren of victim.

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Not About Water Com v. Board of Supervisors, No. A092383., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 31, 2002, Decided
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Overview: The court of appeals upheld the Rural North Vacaville, California, Water District's formation of an assessment district and subsequent levy of an assessment on the real property encompassed within it.

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Pedus Bldg. Servs. v. Allen, No. B149096., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, January 31, 2002, Decided
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People v. Mosby, C033593, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2002, Filed
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Overview: Defendant's conviction was upheld because the admission of his prior conviction, following his waiver of his right to both a jury and court trial to determine its truth, was voluntary and intelligent under the totality of circumstances.

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People v. Turner, C037315, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 31, 2002, Filed
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Overview: Conviction for possession for sale of methamphetamine was affirmed where appellate court concluded that, by failing to move to withdraw his plea in trial court, defendant forfeited claim on appeal that his plea was entered involuntarily.

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Summerfield v. Windsor Unified Sch. Dist., No. A094488., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 31, 2002, Decided
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Overview: Where teacher sought to be employed as permanent certificated teacher, as she did not hold valid teaching credential, statutory exception did not apply, and time she worked under emergency permits did not count towards permanent status.

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