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State Courts -
California - July 10, 2002
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Gault v. Modern Continental/Roadway Construction Co., Inc. , No. B152722.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 10, 2002, Decided , July 10, 2002, Filed
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Overview: Trial court erred in granting an employer's motion for summary judgment on a suit brought under the Jones Act, where there was a material issue of fact as to whether the employee was a "seaman" on a "vessel in navigation" in "navigable waters."
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Grant-Burton v. Covenant Care, Inc., No. B151342.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, July 10, 2002, Decided , July 10, 2002, Filed
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Overview: As a statute prohibited an employer from firing an employee for discussing the amount of their wages, the employer's termination of the employee was against public policy and the grant of summary judgment was in err.
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Mitchell v. American Fair Credit Assn., No. A092880.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, July 10, 2002, Decided , July 10, 2002, Filed
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Overview: Credit services organization could not modify its membership contract to require arbitration and preclude class relief by simply notifying its members by mail that continued membership constituted acceptance of the modification.
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People v. Cooper, No BR41757,
APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, July 10, 2002, Decided , July 10, 2002, Filed
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Overview: Defendant was properly convicted for driving at an unsafe speed for prevailing conditions; he failed to show reversible error on appeal.
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People v. Superior Court (Bell), No. H023419.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 10, 2002, Decided , July 10, 2002, Filed
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Overview: It was error for court to grant inmate's motion to set aside assault by life prisoner charge; inmate was serving determinate sentence on day of assault, to be followed by two consecutive life sentences, thus, he was undergoing life sentence.
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