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State Courts -
California - June 11 - June 12, 2002
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Bravo v. Ismaj, No. D037034.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 11, 2002, Decided , June 11, 2002, Filed
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Overview: Although the trial court erred in not holding a hearing on a motion to declare a patient a vexatious litigant, there was no reversible error because the patient did not prove that the holding of a hearing would have changed the outcome.
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City of Oakland v. Workers' Comp. Appeals Bd., No. A095800.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 11, 2002, Decided , June 11, 2002, Filed
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Overview: Statutory exemption blocked employee's claim for psychological injuries, because regular, routine personnel decision was made and carried out with subjective good faith, and employer's conduct met objective reasonableness standard.
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Landeros v. Department of Corrections, No. E029084.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 11, 2002, Decided , June 11, 2002, Filed
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Overview: Construction workers' tort and contract claims against a public entity were dismissed where the contractor on a public works project failed to pay the workers the prevailing wage despite promising to do so in its agreement with the entity.
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Park Medical Pharmacy v. San Diego Orthopedic Associates Medical Group, Inc., No. D038051.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 11, 2002, Decided , June 11, 2002, Filed
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Overview: Summary judgment for the medical group was upheld because the medical group was entitled to dispense drugs on a for-profit basis to their patients, and having a separate room to hold the drugs was not a "pharmacy."
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Pagarigan v. Libby Care Center, Inc., No. B152764.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 12, 2002, Decided , June 12, 2002, Filed
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Overview: Order denying a nursing home's petition to compel arbitration of claims brought by the daughters and son of a deceased nursing home resident was affirmed where the daughters lacked authority to bind the resident to an arbitration agreement.
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Rusheen v. Drews, No. B146415.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, June 12, 2002, Decided , June 12, 2002, Filed
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Overview: A car thief's plea of nolo contendere to a felony car theft was admissible in a later civil action based on the car theft as a party admission, and expungement of the criminal record did not bar the use of the party admission.
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