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State Courts -
California - February 16 - February 17, 2006
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Costa v. Superior Court, S136294,
SUPREME COURT OF CALIFORNIA, February 16, 2006, Filed
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Overview: Slight discrepancies between the version of an initiative measure submitted to the California Attorney General and the version circulated for signature did not mislead the public; hence, there was substantial compliance with the title and summary requirements of Cal. Const., art. II, ? 10, subd. (d), and Elec. Code, ?? 9002, 9004, 9005, 9007.
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People v. Christopher, D045112,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 16, 2006, Filed
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Overview: Defendant's act of falsely identifying himself to the police following defendant's lawful arrest for shoplifting could be characterized as a willful obstruction of a peace officer in the discharge of, or attempt to discharge, the officer's duties within the meaning of Pen. Code, ? 148, subd. (a)(1).
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Rodriguez v. American Technologies, Inc., G034933,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 16, 2006, Filed
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Overview: Because a contract for home repairs specified that claims were to be arbitrated pursuant to the Federal Arbitration Act, the trial court erred when, pursuant to Code Civ. Proc., ? 1281.2, subd. (c), it denied a contractor's petition to compel arbitration of the homeowners' professional negligence claims against it and to stay the proceeding.
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People v. Scheller, E036402,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 17, 2006, Filed
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Overview: In a case of unlawful possession of a firearm, defendant's statements to a probation officer regarding her knowledge of the presence of firearms, which she made after a plea agreement was reached, were inadmissible at trial; due process entitled defendant, after withdrawal of her plea, to be restored to the status quo by excluding the statements.
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Prospect Medical Group, Inc. v. Northridge Emergency Medical Group, B172737, B172817,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, February 17, 2006, Filed
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Overview: Delegate of health care plans was not entitled to injunctive relief preventing emergency care providers from balance billing patients who were subscribers of health care plans with which the providers did not have a preexisting contractual relationship; Health & Saf. Code, ? 1379, subd. (b), prohibited balance billing only by contracting providers.
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