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State Courts -
California - March 24, 2009
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California Native Plant Society v. City of Rancho Cordova, C057018,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 24, 2009, Filed
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Overview: Administrative remedies were not exhausted under Pub. Resources Code, § 21177, subd. (a), as to several challenges to a city's approval of a development project and certification of the environmental impact report, and the remaining objections of improperly deferred mitigation and lack of substantial evidence lacked merit.
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McAvoy v. Hilbert, D052802,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 24, 2009, Filed
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Overview: Disclosure requirements of Code Civ. Proc., § 1298, applied to an open listing agreement for the sale of a commercial building and a business located in the building because the agreement was a listing agreement as defined in Civ. Code, § 1086, subd. (f), and the transaction involved a sale of real property, even though a business was also sold.
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Naranjo v. Spectrum Security Services, Inc., B206618,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 24, 2009, Filed
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Overview: Federal contract employee's claims under Lab. Code, §§ 203, 226, 226.7, were not federally preempted under the supremacy clause, U.S. Const., art. VI, cl. 2, by the McNamara-O'Hara Service Contract Act of 1965 (SCA), 41 U.S.C. § 351 et seq., because the employee's claims complemented the provisions of the SCA and effectuated its goals.
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Oceguera v. Cohen, B205608,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 24, 2009, Filed
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Overview: Homeowner could obtain a refund under Bus. & Prof. Code, § 7031, subd. (b), from an unlicensed general partnership and its partners because they did not substantially comply under § 7031, subd. (e), with the licensing requirement when they entered into a construction contract after the only licensed partner had executed a disassociation.
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People v. Uecker, C058061,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 24, 2009, Filed
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Overview: For purposes of a stalking conviction under Pen. Code, § 646.9, sufficient evidence showed defendant's intent to place the victim in reasonable fear for her safety because he made persistent phone contacts with her despite her attempts to end them, apparently knew that she knew he was a registered sex offender, and had a hostile, demanding tone.
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