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State Courts -
California - June 14, 2007
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Garabet v. Superior Court, B195944,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, June 14, 2007, Filed
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Overview: A lasik surgery patient was barred from bringing a medical malpractice action by application of the three-year statute of limitations contained in Code Civ. Proc., ? 340.5, where the patient did not file his lawsuit until more than seven years after the surgery, even though he suffered damaging effects almost immediately after the procedure.
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Jones v. Department of Corrections, D048281,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 14, 2007, Filed
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Overview: Employee failed to present evidence of harassment under Gov. Code, ? 12940, subd. (j)(1), on summary judgment because she stated that she did not know whether hostile behavior by male co-workers was prompted by her gender or race; she also did not show that the conditions she described were sufficiently severe or pervasive to constitute harassment.
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People v. Reyes, C052592,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 14, 2007, Filed
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Overview: In a prosecution of defendant for, inter alia, possession of methamphetamine for sale, a juror hearing CALCRIM No. 103, which was the instruction that explained reasonable doubt, could not reasonably conclude that the fact defendant had been arrested or brought to trial was evidence of guilt.
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