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- Index of new California opinions
- Index of actions without opinion
Index of new California opinions:
1. People v. Dungo, S176886, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 11373 Shepardize , December 12, 2012, Filed
CORE TERMS: testimonial, autopsy report, autopsy, primary purpose, plurality, pathologist's, formality, photographs, hearsay, out-of-court ...
2. City of Alhambra v. County of Los Angeles, S185457, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 10711 Shepardize , November 19, 2012, Filed
OVERVIEW: Rev. & Tax. Code, § 97.75, did not authorize a county's collection of a property tax administration fee from local entities within the county. The county's method of calculating property tax administration fees violated the statutory scheme.
CORE TERMS: property tax, tax revenue, "flip, fiscal year's, local entities, annual, entity, calculation, budgetary, disputed ...
3. People v. Sanders, S191341, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 10712 Shepardize , November 19, 2012
OVERVIEW: Defendant's single act of possessing a firearm supported multiple convictions for both possessing a firearm after conviction of a felony and possessing a firearm after conviction of a specified violent offense because former Pen. Code, §§ 12021, subd. (a)(1), 12021.1, subd. (a), were not necessarily included offenses of each other.
CORE TERMS: firearm, felony, offender, convicted, multiple punishment, multiple convictions, violent offense, violent, possessing, sentence ...
4. Bjorndal v. Superior Court, A134517, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1252 Shepardize , December 12, 2012, Opinion Filed
CORE TERMS: equitable tolling, statutes of limitations, deadline, demurrer, lawsuit, cause of action, tolling, administrative remedy, administrative claim, federal lawsuits ...
5. People v. Velasquez, F062517, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1255 Shepardize , December 12, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I.A. and II. through IV. of the Discussion.
CORE TERMS: firearm, shooting, application of force, sentence, shot, counts of assault, passenger, bullet, assault, gunshots ...
6. People v. Milstein, B233589, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 1254 Shepardize , December 12, 2012, Opinion Filed
CORE TERMS: conspiracy, statute of limitations, statute of limitations, conspiracy to defraud, false pretenses, false promises, limitations period, criminal conspiracies, overt act, conspiracy count ...
7. Edgerly v. City of Oakland, A134047, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 1258 Shepardize , December 12, 2012, Opinion Filed
CORE TERMS: charter, whistleblower, causes of action, retaliation, state statute, disclosure, demurrer, local laws, reimbursement, personnel ...
8. Canaan Taiwanese Christian Church v. All World Mission Ministries, H037315, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1253 Shepardize , December 12, 2012, Opinion Filed
OVERVIEW: Oral settlement agreement did not require defendant's pastor to release any personal claims against plaintiff or sign a written agreement purportedly conforming to the oral settlement in his individual capacity. In addition, the superior court lacked personal jurisdiction over the pastor.
CORE TERMS: pastor, settlement agreement, settlement, individual capacity, personal jurisdiction, general appearance, lease, ex parte, notice, written agreement ...
9. People v. Moore, B236858, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1256 Shepardize , December 12, 2012, Opinion Filed, As modified Dec. 13, 2012, CERTIFIED FOR PARTIAL PUBLICATION** Under California Rules of Court, rules 8.1100 and 8.1110, only the Introduction, Factual and Procedural Background, part III of the Discussion and the Disposition are certified for publication.
CORE TERMS: probation condition, weapon, probationer, firearm, probation, modification, scienter, deadly weapons, constitutional rights, possessing ...
10. Bradley v. Networkers International, LLC, D052365, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1261 Shepardize , December 12, 2012, Opinion Filed
CORE TERMS: meal, site, class member, independent contractor, cell, declaration, wage orders, supervisor", class certification, certification ...
11. Banning Ranch Conservancy v. City of Newport Beach, G045622, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1259 Shepardize , December 12, 2012, Opinion Filed
OVERVIEW: No improper piecemeal review resulted when an environmental impact report under the California Environmental Quality Act, Pub. Resources Code, § 21000 et seq., for a park development project did not include an adjacent residential and commercial development that would share an access road. The two projects were separate and had different purposes.
CORE TERMS: environmental, highway, access road, general plan, habitat, coastal, bluff, environmental quality, site, cumulative ...
12. Monarrez v. Automobile Club of Southern California, B233512, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1200 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: In a motorist's personal injury case, there was a triable issue as to whether a tow truck company was the actual agent of a roadside assistance company under Civ. Code, § 2299, because a right to control the work was evidence by following up on calls to ensure technicians were maintaining the proper physical appearance and using approved methods.
CORE TERMS: technician, independent contractor, truck, tow truck, station, driver, training, customer, roadside, manuals ...
13. Filbin v. Fitzgerald, A128544, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1197 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: Trial court erred in entering judgment for clients in their legal malpractice action against their former attorney where there was no causal connection between attorney's assertedly negligent acts and omissions and amount clients received when they settled the underlying action, a settlement they agreed to while represented by a successor attorney.
CORE TERMS: settlement, appraisal, settle, malpractice, standard of care, legal malpractice, attorney fees, withdraw, new counsel, attorney-client ...
14. People v. Nocelotl, No. B236738, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 1198 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: In a case in which a diagnostic study was conducted pursuant to Pen. Code, § 1203.03, the trial court did not breach a negotiated disposition by refusing to grant probation. Although two prison psychologists recommended probation, institutional staff and warden recommended a prison sentence. It was warden's recommendation that was controlling.
CORE TERMS: probation, "favorable", negotiated disposition, warden's, recommendation, withdraw, diagnostic study, psychologists, prison, recommended ...
15. People v. Barba, D060457, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1199 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: A trial court erred in dismissing a count of an information charging defendants with violating Pen. Code, § 530.5, subd. (a), because the statute contained no requirement that defendants have held themselves out as someone else, and because the evidence at their preliminary hearing provided probable cause to hold them to answer to the charge.
CORE TERMS: identifying information, clerk, stolen, preliminary hearing, forgery, theft", cashing, unlawful purpose, personation, telephone number ...
16. People v. Johnson, E055690, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1203 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: Insofar as defendant never fulfilled the prescribed conditions of probation during the probationary term, and because his period of probation was not terminated for good conduct, but, rather, because a prison term had been imposed on him in other felony cases, he was not eligible for relief under Pen. Code, § 1203.4.
CORE TERMS: probation, conditions of probation, period of probation, termination, termination of probation, "discharged", fulfilled, terminated, probation conditions, good conduct ...
17. Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc., D060849, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1202 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: In a general contractor's action against a subcontractor, the subcontractor was entitled to attorney fees under the alleged contract and Civ. Code, § 1717, because it defeated the only contract claims and thus prevailed on the contract. Although the general contractor prevailed on promissory estoppel claim, that claim was not "on a contract."
CORE TERMS: promissory estoppel, attorney fees, contract claims, bid, party prevailing, prevailing party, cause of action, breach of contract, contractual, italics ...
18. People v. Hawkins, B235415, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 1201 Shepardize , November 20, 2012, Opinion Filed
OVERVIEW: Defendant forfeited his contention, not raised before the trial court, that magistrate erred by admitting hearsay evidence resulting in the denial of his motion to suppress. Defendant's contention on appeal - that magistrate erroneously admitted hearsay evidence - was not argued before the trial court in his Pen. Code, § 995, dismissal motion.
CORE TERMS: preliminary hearing, suppress, search and seizure, seizure, hearsay evidence--, deputy, suppress evidence, penalty assessment, warrantless, legality ...
19. People v. Gonzalez, E054886, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1194 Shepardize , November 19, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts II and IIIA.
OVERVIEW: A trial court did not err in denying defendant's motion that argued that the requirement that he register as a sex offender violated equal protection where he could not show that he was situated similarly to someone who committed voluntary statutory rape because he could not show that the children in the pornography he possessed acted voluntarily.
CORE TERMS: child pornography, statutory rape, mandatory, registration requirement, oral copulation, persons convicted, sex offender, sexual intercourse, pornography, child victims ...
20. People v. Clayburg, B231263, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 1191 Shepardize , November 19, 2012, Opinion Filed
OVERVIEW: In a stalking case, it was proper to issue a post-conviction restraining order under Pen. Code, § 646.9, subd. (k)(1), prohibiting defendant's contact with her daughter, even though the daughter was not a named "victim" of the stalking, because the daughter was a victim in that she suffered emotionally and was traumatized by defendant's conduct.
CORE TERMS: daughter, sentence, stalking, restraining order, immediate family, construe, pari materia", driveway, 'lenity', windows ...
21. People v. Chandler, E054154, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1193 Shepardize , November 19, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts III, IV, and V.
OVERVIEW: Trial court did not err in failing to instruct jury that crime of attempting to make a criminal threat required that it be reasonable under circumstances for victim to be in sustained fear because an attempt to make a criminal threat was a crime, regardless of whether it was objectively reasonable, under the circumstances, for victim to be in fear.
CORE TERMS: true threats, protected speech, victim's fear, specific intent, requisite intent, intimidate, intend, person threatened, own safety, speaker ...
22. People v. Rajanayagam, G046044, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1185 Shepardize , November 15, 2012, Opinion Filed
OVERVIEW: Because Pen. Code, § 4019, subd. (h), explicitly stated that the amended conduct credit statute operated prospectively, defendant was not entitled to receive enhanced conduct credits under § 4019, subd. (f), when he was sentenced after the effective date of the amended conduct credit statute for crimes that he committed before the effective date.
CORE TERMS: conduct credits, enhanced, sentence, classification, prisoner, rational relationship, statutory construction, prospectively, earn, served time ...
23. Hillside Memorial Park & Mortuary v. Golden State Water Co., B225058, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2011 Cal. App. LEXIS 1790 Shepardize , September 27, 2011, Opinion Filed
OVERVIEW: A trial court erred under Wat. Code, § 10753, in requiring moving parties on a motion to amend a 1961 judgment imposing a physical solution on a groundwater basin to obtain EIRs under CEQA prior to litigating a physical solution to the issue of dewatered acreage because there was an existing court order imposing a physical solution on the basin.
CORE TERMS: basin, storage, amend, groundwater, replenishment, beneficial uses, storage space, moving parties, environmental, dewatered ...
Index of actions without opinion
1. Richey v. AutoNation, Inc., B234711, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 1257 Shepardize , December 12, 2012, Opinion Filed, Modification of opinion (210 Cal.App.4th 1516 Shepardize ; ___ Cal.Rptr.3d ___), upon denial of rehearing.
2. Monarrez v. Automobile Club of Southern California, B233512, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1260 Shepardize , December 12, 2012, Opinion Filed, Modification of opinion (211 Cal.App.4th 177 Shepardize ; ___ Cal.Rptr.3d ___), upon denial of rehearing.
3. People v. Peterson, C068893, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1262 Shepardize , December 11, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of parts II, III, V and VI.
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