California, May, 2002, State Case law

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State Courts - California - May 28, 2002

Atascadero Unified School Dist. v. Workers' Comp. Appeals Bd., No. B155026., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 28, 2002, Decided
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Overview: Workers' compensation award was annulled when gossip about the employee's personal life was not part of the employee-employer relationship, and the employment was not a contributory cause of the alleged compensable psychiatric injury.

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Department of Fair Employment & Housing v. Superior Court, No. F040070., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, May 28, 2002, Decided , May 28, 2002, Filed
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Overview: Writ of mandate was issued, compelling the superior court to grant the California Department of Fair Employment and Housing's petition for an order compelling the real parties in interest's compliance with investigative discovery.

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Fernandez v. Lawson, B153949, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 28, 2002, Filed
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Jones v. County of Los Angeles, No. B145666., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 28, 2002, Decided , May 28, 2002, Filed
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Overview: In a suit brought by a secretary for the superior court against the county for workplace mistreatment, the trial court properly concluded on summary judgment that the superior court, not the county, was the secretary's employer.

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People v. DeLouize, A093574, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, May 28, 2002, Filed
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Overview: Defendant's conviction for three counts of lewd or lascivious acts with a child under the age of 14 years was affirmed where the trial court properly exercised its discretion to reconsider and reverse its order granting him a new trial.

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People v. Francis, No. B151206., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 28, 2002, Decided
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Overview: Commitment of a mentally disordered offender (MDO) was reversed because a prior court found that severe mental disorder was not factor in commission of crime, and People were precluded from seeking second MDO on same offense.

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Roger H. Proulx & Co. v. Crest-Liners, Inc., B144733, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 28, 2002, Filed
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Track Mortgage Group v. Crusader Ins. Co., No. B139930., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 28, 2002, Decided
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Overview: Judgment in favor of the lender for breach of an insurance contract and bad faith was affirmed; but the lender's damage was limited to the difference between its credit bid and the amount of the deed of trust at the time of foreclosure.

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Zalac v. Governing Bd. of Ferndale Unified Sch. Dist., No. A093853., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 28, 2002, Decided
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Overview: While school district did not make good faith determination that teacher had least amount of seniority until after deciding to terminate her, school district used correct written criteria in making decision and complied with statutory procedures.

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