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State Courts -
California - March 7 - March 8, 2006
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Doran v. North State Grocery, Inc., C050187,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 7, 2006, Filed
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Overview: In a disability discrimination case against a grocery store, an award of attorney fees under Civ. Code, § 52, subd. (a), was reversed because the judgment for the customer was based on an offer to compromise that did state the store's liability under the Unruh Civil Rights Act. The customer could not then seek to establish a denial of rights.
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Tilbury Constructors, Inc. v. State Comp. Ins. Fund, C049150,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 7, 2006, Filed
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Overview: Workers' compensation insurance carrier did not breach its contract with an employer by settling a third-party claim for an amount alleged to be unreasonably low; pursuant to Lab. Code, §§ 3850, 3852, 3853, 3856, subd. (b), the carrier had three statutory options to assert its right to subrogation, and it had no duty to pursue subrogation recovery.
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People v. McDonald, A108690,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, March 8, 2006, Filed
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Overview: In a prosecution of defendant for possession of a controlled substance, a search incident to defendant's detention was proper where the officer had a reasonable suspicion that defendant was committing a public nuisance in violation of Pen. Code, § 370, by urinating in public.
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