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State Courts -
California - March 29, 2006
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Harris v. Investor's Business Daily, Inc. , B178428,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 29, 2006, Filed
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Overview: Because a single cause of action brought by telemarketers alleging violations of the FLSA under Bus. & Prof. Code, ? 17200 was not preempted by the FLSA's opt-in requirement, the trial court erred in sustaining defendants' demurrer to the ? 17200 cause of action.
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In re Marriage of Kieturakis, A101719, A104661,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 29, 2006, Filed
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Overview: In a case involving a marital settlement agreement favoring husband, presumption of undue influence did not apply because: (1) the agreement was reached through mediation; (2) the influence was alleged on a judgment long final; and (3) the parties acknowledged in the agreement that no undue influence was exercised, and capacity was not in question.
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