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   State Courts - California - July 6 - July 8, 2009

  
Clark v. American Residential Services LLC, B203476, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, July 6, 2009, Filed
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Overview: Approval of a class action settlement was an abuse of discretion because the trial court made no independent inquiry before accepting class counsel's conclusion that an overtime claim had no value, because large incentive awards to named plaintiffs lacked a basis in the record, and because the award of costs exceeded the maximum specified amount.

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People v. Rogers, S064337, SUPREME COURT OF CALIFORNIA, July 6, 2009, Filed
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Overview: A trial court did not err under the Fourth Amendment in denying defendant's motion to suppress evidence seized from storage rooms below his apartment where exigent circumstances justified a police detective's warrantless entries into the rooms.

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J.C. Penney Co. v. Workers' Comp. Appeals Bd., C059760, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 7, 2009, Filed
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Overview: Where an employer failed to object to a medical determination that an employee was temporarily totally disabled, the employer could not, after the time prescribed under Lab. Code, § 4062, subd. (a), object to that opinion for purposes of obtaining a credit against permanent disability payments.

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People v. Ramon, F054603, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 7, 2009, Filed
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Overview: Expert's testimony that possession of a stolen vehicle and an unregistered firearm could enable other crimes to benefit a gang was insufficient to support an enhancement under Pen. Code, § 186.22, subd. (b)(1). Defendant did not commit two separate crimes under Pen. Code, § 12031, subd. (a), by carrying an unregistered firearm as a gang member.

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People v. Curl, S034072, SUPREME COURT OF CALIFORNIA, July 8, 2009, Filed
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