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State Courts -
California - March 5 - March 6, 2008
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Burks v. Kaiser Foundation Health Plan, Inc., C054374,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 5, 2008, Filed
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Overview: Arbitration provision in a membership agreement for a health plan was unenforceable because it was not prominently displayed on the form and therefore did not comply with Health & Saf. Code, ? 1363.1, subd. (b); although it was the only block of text and was placed above the signature line, it was in a plain, small typeface and had no heading.
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Hicks v. KNTV Television, Inc., H030607,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 5, 2008, Filed
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Overview: In a race discrimination case under Gov. Code, ? 12940, a White male news anchor failed to produce evidence that the proffered reason for not renewing his contractdissatisfaction with his on-air performancewas a pretext because the employer's failure to communicate that reason to him, standing alone, did not support inference of discrimination.
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People v. Duncan, D050458,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 5, 2008, Filed
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Overview: In a drug case, the arresting officer's observation that defendant's license plate was upside down gave the officer a lawful basis under the Fourth Amendment to conduct an investigative stop as to a license plate violation; Veh. Code, ? 5201, required a license plate to be clearly legible, and an upside down license plate was not clearly legible.
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California Back Specialists Medical Group v. Rand, No. B198455,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 6, 2008, Filed
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Overview: A complaint that an attorney disbursed proceeds of personal injury settlements without satisfying medical liens or notifying the medical providers was not subject to an anti-SLAPP motion to strike under Code Civ. Proc., ? 425.16, because the complaint, although related to attorney conduct, did not arise from protected speech or petitioning.
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