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State Courts -
California - February 18 - February 19, 2010
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McCarther v. Pacific Telesis Group, S164692,
SUPREME COURT OF CALIFORNIA, February 18, 2010, Filed
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Overview: Employers that provided an uncapped compensated sick leave policy were not required to provide kin care leave under Lab. Code, ? 233, because the sick leave that they provided could not be accumulated by an employee and thus did not fall within the definition of sick leave in ? 233, subds. (a), (b)(4), as accrued increments of compensated leave.
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People v. Hernandez, F056015,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, February 18, 2010, Filed
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Overview: Defendant's claim that a trial court misinstructed the jury by omitting the mental state element with respect to Pen. Code, ? 12034, subd. (c), was rejected because the necessary intent of the shooter was conveyed through the requirement that the firearm had to have been discharged willfully and maliciously, terms that were defined for the jury.
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Suh v. Superior Court, B219174,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 18, 2010, Filed
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Overview: Terms of an arbitration clause in an anesthesiology contract were, because of applicable rules limiting damages remedies, unconscionable, rendering the agreement to arbitrate unenforceable against medical group's anesthesiologists, who sued the hospital and the medical group for age and national origin discrimination.
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