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State Courts -
California - August 27 - August 28, 2002
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Caloca v. County of San Diego, No. D038059.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 27, 2002, Decided , August 27, 2002, Filed
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Overview: Procedures adopted by the Civil Service Commission to govern the administrative review of misconduct findings against sheriff's deputies, which required the proceedings be closed and the deputies to bear the burden of proof; were invalid.
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Corbett v. Superior Court, No. A097495.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, August 27, 2002, Decided , August 27, 2002, Filed
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Overview: The superior court erred when it ruled that petitioner, who filed a peremptory writ of mandate from the superior court's order, could not bring a class action for a claim under California's Unfair Competition Law as a matter of law.
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Oakland-Alameda County Coliseum Authority v. CC Partners, No. A094859.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, August 27, 2002, Decided , August 27, 2002, Filed
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Overview: Arbitration clause in licensing agreement between team's owners and authority that presided over the coliseum in which the team played was enforceable, and arbitrator did not exceed his authority in dispute over payment of seating revenues.
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Whiteside v. Tenet Healthcare Corp., Nos. B149093, B152364.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 27, 2002, Decided , August 27, 2002, Filed
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Overview: Where individual health insurance policy provided that nothing would preclude a preferred provider from seeking reimbursement from other third party payers, hospital was entitled to accept additional payment from patient's other group insurer.
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Miller v. Superior Court, No. G029632.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 28, 2002, Decided , August 28, 2002, Filed
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Overview: State was entitled to file charges against petitioner for the third time after they were dismissed twice, as the State demonstrated excusable neglect in not being able to secure the testimony of a key witness, and there was no evidence of bad faith.
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Mount Diablo Medical Center v. Health Net of California, Inc., No. A096018.,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 28, 2002, Decided , August 28, 2002, Filed
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Overview: In a dispute between a health service corporation and a medical center regarding interpretation of an arbitration clause, the Federal Arbitration Act did not preempt California procedural law as to the enforcement of their agreement.
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