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State Courts -
California - March 10, 2009
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Franco v. Athens Disposal Co., Inc., B203317,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, March 10, 2009, Filed
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Overview: Class arbitration waiver was unconscionable with respect to company's alleged denial of meal and rest periods to employees in violation of California's Labor Code, given the modest size of the potential individual recovery, the potential for retaliation, and the fact that absent members of the class may have been ill informed about their rights.
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In re E.S., A118547,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 10, 2009, Filed
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Overview: Counsel's assistance of a juvenile defendant was deficient under U.S. Const., 6th Amend., because counsel (1) failed to investigate potentially exculpatory evidence, (2) sought an inadequate continuance based on a mistake of law, and (3) failed to move for a substitution of counsel knowing he was unable to devote the time and resources necessary.
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People v. Camacho, B207048,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 10, 2009, Filed
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Overview: Because the charging document, the opening statement, the arguments of counsel, and the jury instructions all identified the offense in count two as robbery, a reference to carjacking in the verdict form was evidently a clerical error and the conviction was for robbery; the clerical error could be disregarded pursuant to Pen. Code, ?? 1258, 1404.
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People v. Dean, E041513,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 10, 2009, Filed
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Overview: In a case in which defendant was found to be a sexually violent predator pursuant to California's Sexually Violent Predator Act, trial court did not commit reversible error in allowing State's experts to testify to inadmissible hearsay. Facts testified to by the experts were admissible and, in fact, were admitted into evidence from other sources.
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Troyk v. Farmers Group, Inc., D049983,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 10, 2009, Filed
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Overview: Insurance exchange and its attorney-in-fact violated Ins. Code, ? 381's disclosure requirement where term "premium," as used in ? 381, subd. (f), included a service charge imposed for payment in full of stated premium for insurance policy's one-month term; doctrine of substantial compliance did not apply to disclosures required by ? 381, subd. (f).
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