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   State Courts - California - April 16 - April 17, 2008

  
Bradstreet v. Wong, A113760, A114106, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, April 16, 2008, Filed
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Overview: In an action brought by the California Labor Commissioner pursuant to Lab. Code, § 1193.6, against several garment manufacturing corporations that failed to pay wages, the common law definition of "employer" was applicable; consequently, the owners, officers, and managers were not employers and had no personal liability.

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California Water Impact Network v. Newhall County Water Dist., B197570, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 16, 2008, Filed
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Overview: Nonprofit organization was not entitled to directly challenge by way of mandamus a water supply assessment prepared by a water district at the request of a city for a proposed project because the assessment did not constitute a final decision of a public agency for mandamus purposes and organization failed to exhaust its administrative remedies.

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Estate of McDaniel, C054314, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 16, 2008, Filed
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In re Singler, C054634, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 16, 2008, Filed
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People v. Concha, B195197, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 16, 2008, Filed
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People v. Dobson, F053531, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 16, 2008, Filed
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Overview: Appeal of an insanity acquittee from a denial of outpatient status was dismissed without a requested Anders/Wende review because a hearing on a petition to restore competency under Pen. Code, § 1026.2, was not a criminal proceeding and neither due process nor equal protection principles compelled extension of the Anders/Wende procedures.

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Foster v. Workers' Comp. Appeals Bd., C056820, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 17, 2008, Filed
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Overview: In a case in which an employee was injured at work in two separate incidents, the California Workers' Compensation Appeals Board correctly applied Lab. Code, § 4656, subd. (c)(1), when it concluded that the employee was entitled to two periods of temporary disability and that the periods should run concurrently, not consecutively.

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Mays v. City of Los Angeles, S149455, SUPREME COURT OF CALIFORNIA, April 17, 2008, Filed
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Overview: Notice proposing that misconduct charges against police officer be adjudicated by board of rights satisfied Gov. Code, § 3304, subd. (d), even though no specific penalty was mentioned. Notice not only informed officer that disciplinary action might be taken, but also identified procedural mechanism by which punishment, if any, would be determined.

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