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   State Courts - California - March 29, 2006

  
California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., No. B180525, No. B183529, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 29, 2006, Filed
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Californians for Fair RepresentationNo on 77 v. Superior Court, C051100, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 29, 2006, Filed
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Overview: Because campaign expenditures for advertising were made in connection with a communication that expressly advocated the passage of clearly identified ballot measures and were not made at the behest of a candidate or committee, the expenditures met the statutory definition of an independent expenditure in Gov. Code, ¿ 82031, and had to be reported.

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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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In re Needles Cases, H028246, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 29, 2006, Filed
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Thornburg v. Superior Court, D045247, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 29, 2006, Filed
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Overview: Trial court erred in sustaining a demurrer to a complaint alleging that a hospital's agent violated Evid. Code, ¿ 1158, by charging an excessive amount for copies of medical records; the agent could be liable if it had assumed the duty of responding to ¿ 1158 requests and if it acted in part for its own advantage and benefit.

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