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State Courts -
California - April 17, 2007
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Mendoza v. State of California, B195835,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 17, 2007, Filed
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Overview: California Romero Act, which transferred substantial power from a school board to the district superintendent, and granted to the mayor of a charter city the authority to ratify appointment of the superintendent, was unconstitutional. It was impermissible for legislature to effectively transfer many of the powers of the school board to the mayor.
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On-Line Power, Inc. v. Mazur, B189251,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 17, 2007, Filed
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Overview: Salaried employee was entitled to seek attorney fees under Lab. Code, § 218.5, after his action for unpaid wages was settled pursuant to the employer's offer of compromise, which was silent on fees and costs; for purposes of the California Labor Code, his salary was protected wages, and his action for nonpayment of wages fell under § 218.5.
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People v. Towers, B188368,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 17, 2007, Filed
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Overview: In a burglary case, a prior California conviction for oral copulation under former Pen. Code, § 288a, subd. (c), was not a serious felony for three strikes purposes under Pen. Code, § 1192.7, subd. (c), because that conviction might have been based on a threat of retaliation, which was not a serious felony at the time of the present conviction.
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People v. Verdugo, Case No: CR.A. 4298,
APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, SAN BERNADINO COUNTY, April 17, 2007, Filed
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Overview: Although a traffic stop to investigate an expired registration sticker was justified, the detention should have ended when defendant produced a temporary registration; defendant did not have to provide proof of financial responsibility under Veh. Code, § 16028, because he was not involved in an accident or cited for another vehicle code violation.
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