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State Courts -
California - June 8, 2007
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Belton v. Comcast Cable Holdings, LLC, A112591,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, June 8, 2007, Filed
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Overview: Because it was undisputed that a cable service provider had a practice of requiring all subscribers to purchase its basic cable tier, which included television programming, in order to obtain FM or music service, regardless of disability, subscribers failed as a matter of law to state a violation of the Unruh Act, Civ. Code, ? 51, by the provider.
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Limited Stores, Inc. v. Franchise Tax Bd., A102915,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, June 8, 2007, Filed
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Overview: Because the treasury functions of a corporate taxpayer that comprised a unitary business owning retail stores both within and without California were qualitatively different from its principal business, Rev. & Tax. Code, ? 25137, could be used to correct significant distortions arising from treating the full redemption price as gross receipts.
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People v. Ashraf, C052207,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 8, 2007, Filed
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Overview: Because evidence that People allegedly failed to disclose -- that defendants supported or sympathized with Taliban -- was not favorable to defendants, there was no Brady violation, and thus no conceivable theory under which the Constitution required dismissal of the case under Pen. Code, ? 1054.5, for the People's failure to disclose that evidence.
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