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State Courts -
California - March 3 - March 5, 2009
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K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc., H030494,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 3, 2009, Filed
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Overview: In a suit alleging trade secret theft, Civ. Code, § 3426.7, subd. (b), preempted common law claims for breach of confidence and tortious interference with contract, as well as a statutory unfair competition claim under Bus. & Prof. Code, § 17200, because these claims were based on the same nucleus of facts as the trade secret claim.
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People v. Em, G039806,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 3, 2009, Filed
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Overview: Consecutive sentences of 25 years to life were not to cruel and unusual punishment under Cal. Const. art. I, §17, even though defendant was 15 years old and immature at the time of a murder, because the sentence was not disproportionate, given defendant's active participation in the murder, his gang-related criminal history, and other factors.
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Sheehan v. San Francisco 49ers, Ltd., S155742,
SUPREME COURT OF CALIFORNIA, March 3, 2009, Filed
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Overview: In a case in which plaintiffs alleged football team violated Cal. Const., art. I, § 1, after it implemented policy requiring fans to submit to a patdown before entering stadium, the patdown policy could not be reviewed for reasonableness under the circumstances because the record did not establish circumstances of, or the reasons for, the policy.
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Spinks v. Equity Residential Briarwood Apartments, H031468,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 4, 2009, Filed
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Overview: Factual issues precluded summary judgment as to whether an occupant of an apartment was a third party beneficiary under Civ. Code, § 1559, of a lease to her employer; thus, she could maintain contract, tort, and statutory claims against the landlords arising from the locks being changed at her employer's request when her temporary assignment ended.
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A.N. v. County of Los Angeles, B204345,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 5, 2009, Filed
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Overview: Trial court did not err in granting a motion that challenged for unreasonable delay amendments that substituted six defendants' names for fictitious names under Code Civ. Proc., § 474, shortly before trial in a negligence and civil rights action; the delay was prejudicial, and no reasonable explanation could be found in the record for the delay.
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