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   State Courts - California - April 12, 2007

  
Air Couriers Internat. v. Employment Development Dept., C050978, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 12, 2007, Filed
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Overview: Package delivery drivers were employees as defined in Unemp. Ins. Code, § 621, subd. (b), because the company retained control over the delivery operation and because the drivers worked a regular schedule, often had regular routes, infrequently turned down jobs, had no independent business, and made no major investments in equipment or materials.

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California School Employees Assn. v. Livingston Union School Dist., F049582, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 12, 2007, Filed
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Frank v. County of Los Angeles, B169427 and B172347, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 12, 2007, Filed
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Overview: Evidence was insufficient to support special verdicts finding racial discrimination under the California Fair Employment and Housing Act, Gov. Code, § 12940 et seq.; although a higher-paid classification consisted mainly of non-minority employees, no discriminatory barriers deterred minorities from applying, and racial animus was not shown.

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In re Brandy R., G037792, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 12, 2007, Filed
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Overview: A juvenile court had authority to go forward with a mother's parental rights termination hearing under Welf. & Inst. Code, § 366.26, even though a remittitur had not issued from the mother's prior writ proceeding.

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In re Olson, B191958, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 12, 2007, Filed
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Overview: Orders that struck one year of an inmate's extended term and ordered California Board of Prison Terms to calculate inmate's parole release date under California Indeterminate Sentence Law guidelines were a nullity because trial court failed to comply with Pen. Code, § 1473 et seq., by granting inmate relief without issuing an order to show cause.

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People v. Superior Court (Vidal), S134901, SUPREME COURT OF CALIFORNIA, April 12, 2007, Filed
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Overview: Trial court did not err in finding that defendant met statutory definition of mental retardation under Pen. Code, § 1376, because court did not commit legal error in giving less weight to defendant's Full Scale Intelligence Quotient on Wechsler IQ test scores and greater weight to other evidence of significantly impaired intellectual functioning.

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Professional Engineers in California Government v. Kempton, S139917, SUPREME COURT OF CALIFORNIA, April 12, 2007, Filed
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Overview: The use of a qualification-based selection (QBS) procedure by Caltrans for selecting architectural and engineering firms on public works projects was not inconsistent with Proposition 35 and was therefore not improper. Proposition 35 implicitly repealed preexisting statutes regulating private contracting for architectural and engineering services.

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