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   State Courts - California - April 30, 2008

  
Antelope Valley Press v. Poizner, B198139, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 30, 2008, Filed
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Overview: The administrative record supported a finding that a publisher's newspaper carriers were employees for purposes of California's workers' compensation law. The publisher controlled the manner and means of delivery of its publications, and a carrier's remuneration was in very large part dependent on nonnegotiated financial terms.

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Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC, H029980, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 30, 2008, Filed
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Overview: Lessor failed to show lessee's realtor was liable for wrongfully failing to disclose information because realtor did not have a duty to inform the lessor, after the commercial lease was signed but before the lessee took possession, that the lessee's ability to perform conditions of the lease was jeopardized by its deteriorating financial condition.

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Brawley v. J.C. Interiors, Inc., F050279, F051448, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 30, 2008, Filed
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EnPalm, LLC v. The Teitler Family Trust, etc., B194372, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 30, 2008, Filed
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Overview: In a real estate dispute, the trial court did not err in applying equitable principles to reduce an award of contractual attorney fees under Civ. Code, ? 1717, because one of the sellers lied under oath about material matters, which made much of the litigation unnecessary and the lodestar fees unreasonable; the fee reduction was not a punishment.

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Luce, Forward, Hamilton & Scripps, LLP v. Koch, D049788, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 30, 2008, Filed
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Overview: It was not necessary that an arbitration award be vacated pursuant to Code Civ. Proc., ? 1286.2, on the ground arbitrator refused to disqualify himself after receiving timely notice of disqualification when notice was based on disclosure of information arbitrator was not required to disclose but nonetheless revealed out of an abundance of caution.

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Mendez v. Superior Court, D051512, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 30, 2008, Filed
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Overview: In a case involving domestic violence charges, there was no error under Pen. Code, ? 1050, subd. (g)(2), in granting a 10-day continuance, even if it was anticipated that the prosecutor would be available before the expiration of that period, because a police officer's absence also presented a valid reason for granting the maximum time allowable.

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People v. Eddards, C054656, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 30, 2008, Filed
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Overview: In a case in which defendant was convicted of assault with a deadly weapon, the trial court's imposition of a 10 percent administrative fee that was added to the restitution fund payment was unauthorized and had to be stricken. Such a fee was not authorized by Pen. Code, ? 1202.4.

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People v. Kelly, E042607, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, April 30, 2008, Filed
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Overview: On remand of a criminal case for a Wheeler/Batson hearing, there was no error in the trial court's determining that the prosecutor's peremptory challenges had been proper, despite lack of participation by defendant's trial counsel, because the trial court made the requisite finding of demeanor and credibility, based on its own recollection of both.

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People v. Semien, C053802, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 30, 2008, Filed
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Overview: Substantial evidence supported the finding that a prosecutor's reasons for excusing a prospective juror were legitimate and race-neutral. The prospective juror, an African-American pastor, was in the business of forgiveness, and the prosecutor was not required to accept the pastor's assurance that he could find someone guilty.

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Simpson Strong-Tie Co., Inc. v. Gore, H030444, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 30, 2008, Filed
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Overview: Anti-SLAPP motion was properly granted in a manufacturer's action arising from an attorney's advertisement because the alleged assertion that the manufacturer's galvanized screws were defective fell squarely outside the content-based exemption in Code Civ. Proc., ? 425.17, in that it was not about goods or services of the attorney or a competitor.

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