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State Courts -
California - February 27 - March 2, 2009
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GeneThera, Inc. v. Troy & Gould Professional Corp., B207024,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, February 27, 2009, Filed
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Overview: Tort complaint arising from an allegedly unethical settlement offer in a shareholder action was properly struck as a strategic lawsuit against public participation under Code Civ. Proc., ? 425.16, because it arose from protected activity and the absolute litigation privilege of Civ. Code, ? 47, subd. (b), precluded any probability of prevailing.
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Broberg v. Guardian Life Ins. Co. of America, B199461,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, March 2, 2009, Filed
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Overview: Disclaimers in a whole life insurance policy regarding payment of premium costs from earnings were not so clear and obvious as to trigger notice as to fraud and negligent misrepresentation claims under Code Civ. Proc., ? 338, subd. (d), and unfair competition claims under Bus. & Prof. Code, ? 17208, or to preclude reliance as a matter of law.
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Budrow v. Dave & Buster's of California, Inc., B205026,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 2, 2009, Filed
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Overview: Although plaintiff alleged that tip pool distributions to restaurant employees who did not provide direct table service violated Lab. Code, ? 351, the statute did not impose a "direct table service" requirement on tip pools. Thus, the restaurant's bartenders could participate in tip pools.
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