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State Courts -
California - March 16 - March 17, 2006
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Violante v. Communities Southwest Development & Construction Co., E037333,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 16, 2006, Filed
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Overview: Employees on public works project could not sue prime contractors on statutory or contractual liability theories for nonpayment of prevailing wages by subcontractor, their direct employer, because Lab. Code, ¿ 1770 et seq., did not provide private right of action for enforcement by subcontractor's employee against other parties than subcontractor.
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People v. Brown, C048147,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 17, 2006, Filed
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Overview: Defendant's acquittal for elder abuse did not bar his retrial for assault and battery because his case presented only a continuing prosecution and not successive prosecutions; the protections against double jeopardy in U.S. Const., 5th Amend., Cal. Const., art. I, ¿ 15, and Pen. Code, ¿ 1023, applied only to successive prosecutions.
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