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The CA e-Advance provides a business daily e-mail service to keep you updated and to provide online links to:
- Index of new California opinions
- Index of actions without opinion
Index of new California opinions:
1. In re Vicks, S194129, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1501 Shepardize , March 4, 2013, Filed
CORE TERMS: parole, prisoner's, Marsy's Law, suitability, suitable, inmate's, deferral, parole hearing, incarceration, new information ...
2. Bourhis v. Lord, S199887, S199889, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1502 Shepardize , March 4, 2013, Filed
CORE TERMS: revival, notices of appeal, suspended, corporate powers, suspension, reinstatement, invalid, statute of limitations, notice of appeal, validate ...
3. People v. Williams, S093756, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 942 Shepardize , February 7, 2013, Filed
OVERVIEW: Defendant's statement was properly admitted where questioning by correctional officers was part of a routine, noninvestigative prison process, well within scope of booking exception to Miranda rule, as officers' questions were not designed to elicit an incriminating response; they were appropriately responding to defendant's own security concern.
CORE TERMS: prosecutor's, murder, booking, prison, death penalty, juror, penalty phase, questioning, mitigating, prospective juror ...
4. People v. Andreasen, D060039, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 162 Shepardize , March 5, 2013, 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 Discussion parts I. A., I. B., II. A., and III.
CORE TERMS: special circumstance, felony-murder, felony, conversation, murder, detective's, killing, sanity, interrogation, routine ...
5. People v. Lockwood, C067377, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 161 Shepardize , March 5, 2013, Opinion Filed
CORE TERMS: criminal conduct, restitution, hospitalization, direct result, rebut, declaration, harmless, suicide attempt, restitution hearing, burden of proof ...
6. People v. Powell, G046265, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 163 Shepardize , March 5, 2013, Opinion Filed
CORE TERMS: theft, false pretense, robbery, lesser, offense of robbery, sister, larceny, van, walked, accusatory pleading ...
7. People ex rel. City of Dana Point v. Holistic Health, G045453, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 113 Shepardize , February 13, 2013, Opinion Filed
OVERVIEW: In a nuisance action, the existence of a triable issue of fact on whether a medical marijuana collective operated for profit precluded summary judgment in favor of the city. The collective presented ample evidence in opposition to summary judgment that its business was neither profitable, nor set up to make a profit.
CORE TERMS: marijuana, summary judgment, discovery, deposition, nonprofit, triable, cooperative's, entity's, opposing, self-incrimination ...
8. Simmons v. Ware, G045886, G046287, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 112 Shepardize , February 13, 2013, Opinion Filed
OVERVIEW: In a maritime wrongful death case, it was improper to grant JNOV against the owner of the vessel on a theory that there was a joint venture with the operator of marine education trips because there was conflicting evidence as to at least two of the essential elements of a joint venture: sharing of profits and losses and joint control.
CORE TERMS: joint venture, vessel, charter, trip, ship, charterer's, joint venturer, maritime law, matter of law, "maritime ...
9. In re Marriage of E. and Stephen P., B243469, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 111 Shepardize , February 13, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of Factual and Procedural Background, parts B., C., D., E. and F.
OVERVIEW: Trial court properly found that terminating adoptive father's parental rights based on mental disability under Fam. Code, § 7827, was in best interests of the child where it found it would be detrimental to child for father to continue to be in his life and it was extremely likely that father's mental disability would remain for foreseeable future.
CORE TERMS: parental rights, termination, licensed, social worker, clinical, mental disability, forfeiture, terminating, father's parental rights, foreseeable future ...
10. People v. Whitaker, C064531, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 110 Shepardize , February 13, 2013, 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 part II.
OVERVIEW: Even if the trial court abused its discretion under Code Civ. Proc., § 128, subd. (a)(3), by not promptly swearing in the jury under Code Civ. Proc., § 231, subds. (d), (e), because of prosecution witness problems, neither a double jeopardy violation nor a due process violation resulted from the dismissal and later refiling of the charges.
CORE TERMS: jeopardy, sworn, swearing, attaches, jury selection, misconduct, double jeopardy principles, retrial", Criminal Law, former jeopardy ...
11. Guerrero v. Superior Court, A133202, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 108 Shepardize , February 11, 2013, Opinion Filed
OVERVIEW: For purposes of a wage and overtime action by a provider of in-home support services (IHSS), Sonoma County and its In-Home Support Services Public Authority were joint employers, along with the IHSS recipient, because they exercised considerable control over the structure and conditions of employment.
CORE TERMS: provider, recipient, public authority, real parties in interest, wage orders, household, exemption, supportive, in-home, minimum wage ...
12. People v. Superior Court (Karsai), C070719, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 99 Shepardize , February 7, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts III and IV of the Discussion.
OVERVIEW: Releasing a person who had been committed as a sexually violent predator as a transient into an outpatient program in his county of domicile was not error. A fixed residential address was not a requirement for conditional release, and its lack was not necessarily an extraordinary circumstance under Welf. & Inst. Code, § 6608.5, subd. (c).
CORE TERMS: placement, domicile, conditional release, transient, violent, sexually, conditionally, supervision, predator, extraordinary circumstances ...
13. Pomona Valley Hospital Medical Center v. Superior Court, No. B245224, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 101 Shepardize , February 7, 2013, Opinion Filed
OVERVIEW: Patient alleging that she was unwittingly enrolled in a secret research project should not have been permitted to amend the complaint against the hospital to include a claim for punitive damages, Code Civ. Proc., § 425.13, subd. (a), because letters from the Institutional Review Board did not substantiate the patient's claim of a secret project.
CORE TERMS: punitive damages, amend, patient, punitive, research project, damages claim, putty, secret, malice, care providers ...
14. Cates v. Chiang, D060570, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 100 Shepardize , February 7, 2013, Opinion Filed
OVERVIEW: Because the California Gambling Control Commission implemented appropriate monitoring and enforcement procedures as a result of a taxpayer's lawsuit to compel collection of gambling revenue owed to the state, most of which was then collected, the taxpayer was entitled to recover attorney fees on a catalyst theory under Code Civ. Proc., § 1021.5.
CORE TERMS: tribe--, lawsuit, attorney fees, catalyst, win", audit, multiplier, lodestar, fees award, prelitigation ...
15. People v. Corrales, B243654, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 98 Shepardize , February 6, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1005(b) and 8.1110, this opinion is certified for publication with the exception of part II.B.3.
OVERVIEW: No Fourth Amendment violation occurred from defendant's traffic stop where he was observed using his cell phone, while parked by the side of a road, to send a text message, and five minutes later, he was engaged in conduct an experienced officer could reasonably believe involved texting while driving, a violation of Veh. Code, § 23123.5, subd. (a).
CORE TERMS: drug program, ability to pay, surcharge, texting, driving, telephone, cellular, fine, traffic stop, convicted ...
16. Bigler v. Harker School, H037450, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 91 Shepardize , February 6, 2013, Opinion Filed
OVERVIEW: A trial court erred in denying a petition by a school and one of its teachers to compel arbitration of contract and tort claims brought against them by a student where the arbitration provision in the enrollment contract signed by the student's parents was valid, and not unconscionable, and was applicable to the tort allegations.
CORE TERMS: arbitration, unconscionability, enrollment, arbitration clause, arbitration provision, arbitrate, unconscionable, tort claims, battery, cause of action ...
17. People v. Diaz, E054229, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 92 Shepardize , February 6, 2013, Opinion Filed
OVERVIEW: No Fourth Amendment violation resulted when police seized a sensing diagnostic module from defendant's impounded truck and downloaded data because the vehicle was itself an instrumentality of the crime of vehicular manslaughter, and defendant had no reasonable expectation of privacy in the data regarding the vehicle's speed and braking.
CORE TERMS: speed, expectation of privacy, instrumentality, brake, driving, inspection, seizure, probable cause, driver, truck ...
18. In re Andrew J., F065414, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 97 Shepardize , February 6, 2013, 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., II., and IV. of the Discussion.
OVERVIEW: A juvenile court erred when it accepted a transfer and then immediately transferred the case back to the county where it originated. Cal. Rules of Court, rules 5.610(i), 5.612(f), required either a separate transfer hearing based on new evidence or changed circumstances under Cal. Rules of Court, rules 5.610(e), 5.570, or an appeal by the agency.
CORE TERMS: juvenile, transfer-out, best interest, transferred, retransfer, transfer order, new evidence, child's best interest, notice of appeal, transferring ...
19. Browne v. County of Tehama, C068800, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 90 Shepardize , February 6, 2013, Opinion Filed
OVERVIEW: Because neither the Compassionate Use Act, Health & Saf. Code, § 11362.5, nor the Medical Marijuana Program, Health & Saf. Code, § 11362.7 et seq., created a right to unregulated medical marijuana cultivation, a county ordinance regulating cultivation and declaring noncompliance a nuisance was not preempted under Cal. Const., art. XI, § 7.
CORE TERMS: marijuana, ordinance, patient, nuisance, state law, cultivate, cultivation, immunity, preemption, caregiver' ...
20. Hoberman-Kelly v. Valverde, A135763, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 87 Shepardize , February 5, 2013, Opinion Filed
OVERVIEW: Suspension of arrestee's driver's license for allegedly refusing to submit to blood test to determine her blood-alcohol content was properly set aside where officer failed to make any reasonable effort to dispel arrestee's confusion over when the right to counsel arose and also ignored her repeated statements that she would submit to a blood test.
CORE TERMS: blood test, admonition, warning, video, chemical test, motor vehicle, implied consent, attorney present, officer-induced, clarify ...
21. People v. Delgado, C064571, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 83 Shepardize , February 5, 2013, 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 I, II, III and V.
OVERVIEW: There was insufficient evidence that an assault victim was ever comatose, as required for enhancement under Pen. Code, § 12022.7, subd. (b), even though he was initially nonresponsive and suffered a significant brain injury. The doctor said the victim had a score of 9 on the Glasgow Coma Scale, and a score of 8 or less defined a comatose patient.
CORE TERMS: comatose, gang, brain, coma, enhancement, bodily injury, score, gang members, guy, nose ...
22. People v. Westmoreland, A127394, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 88 Shepardize , February 5, 2013, Opinion Filed, As modified Mar. 1, 2013., 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., B., II., IV., and V.
OVERVIEW: Defendant's confession was rendered involuntary in violation of the Fifth Amendment because the detective repeatedly told defendant that his admission to killing the victim during a robbery would not, by itself, trigger a life sentence; the promises of leniency were false under the felony murder rule and clearly caused defendant to confess.
CORE TERMS: confession, autopsy report, testimonial, autopsy, murder, primary purpose, involuntary, detective, robbery, out-of-court ...
23. People v. Perez, G046032, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 159 Shepardize , February 4, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 4, 2013.
CORE TERMS: sentence, lewd act, parole, juvenile offenders, prison, forcible, offender's, murder, saber, adult ...
24. Lafferty v. Wells Fargo Bank, C067812, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 81 Shepardize , February 4, 2013, Opinion Filed, As modified Feb. 27, 2013., Modified and rehearing denied by Lafferty v. Wells Fargo Bank, 2013 Cal. App. LEXIS 140 Shepardize (Cal. App. 3d Dist., Feb. 27, 2013)
OVERVIEW: Under the Holder Rule, 16 C.F.R. § 433.2 Shepardize , buyers of an allegedly defective motor home could assert contract, tort, and consumer protection claims against the assignee of their finance contract to the same extent as against the seller. The Rees-Levering Automobile Sales Finance Act, Civ. Code, § 2981 et seq., did not limit the buyers to rescission.
CORE TERMS: causes of action, Holder Rule, consumer, seller, motor home, demurrer, notice, buyer, dealer, lender ...
25. Lucky United Properties Investment, Inc. v. Lee, A132914, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 84 Shepardize , February 4, 2013, Opinion Filed, As modified Feb. 26, 2013., 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 part II.A., C. and D., Modified and rehearing denied by Lucky United Properties Investments, Inc. v. Lee, 2013 Cal. App. LEXIS 138 Shepardize (Cal. App. 1st Dist., Feb. 26, 2013)
OVERVIEW: Although awards of costs and fees that were incurred postjudgment were incorporated into the judgment as provided in Code Civ. Proc., §§ 680.300, 685.090, subd. (a)(1), interest on these awards accrued from the date each award was entered, in accordance with § 685.090, subd. (b), and not from the date of entry of the original judgment.
CORE TERMS: accrue, postjudgment, fees award, attorney fees, fees incurred, prejudgment, date of entry, principal amount, original judgment, separate judgments ...
26. In re Michael E., D062596, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 89 Shepardize , January 16, 2013, Opinion Filed, January 16, 2013, Filed Date, The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 5, 2013.
OVERVIEW: Juvenile court in a dependency proceeding properly declined to order county health and human services agency to investigate home of father's fiancée for nonrelative extended family member placement where her home was not a viable placement for the child, and placement with her would not further legislative goals of Welf. & Inst. Code, § 362.7.
CORE TERMS: placement, social worker, juvenile, legislative goals, family member, nonrelative, grandparent, fiancée, uncle, reunification ...
27. Brakke v. Economic Concepts, Inc., G045846, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 93 Shepardize , January 15, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 6, 2013.
OVERVIEW: Plaintiffs failed to allege all of elements for fraud claim, as they failed to allege statements by defendants' agents concerning favorable tax treatment of their pension plan were false when made and, to extent they could be so construed, it was not reasonable for them to rely on representations concerning how IRS would treat their plan in future.
CORE TERMS: pension plan, favorable, misrepresentation, demurrer, tax treatment, prediction, lan, insurance contract, deceived, matter of law ...
28. In re Stevenson, H037850, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 103 Shepardize , January 9, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 8, 2013.
OVERVIEW: Parole was properly denied under Pen. Code, § 3041, because the inmate's two most recent psychological risk assessments placed him at a low to moderate risk for future violence and indicated that his substance abuse relapse plan was deficient, which was important given the inmate's history of alcohol and drug abuse.
CORE TERMS: parole, inmate's, suitability, prisoner, commitment offense, habeas corpus petition, moderate, public safety, traverse, violence ...
29. Natalini v. Import Motors, Inc., A133236, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 86 Shepardize , January 7, 2013, Opinion Filed, As modified Feb. 5, 2013., The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 5, 2013.
OVERVIEW: Because an arbitration provision on the back of an adhesive car sales contract was inconspicuous, exempted repossession, and limited appeals to injunctive relief and other awards involving consumers' remedies, it was procedurally and substantively unconscionable. The trial court did not err in refusing to enforce it under Code Civ. Proc., § 1281.
CORE TERMS: arbitration, unconscionability, unconscionable, arbitration provision, consumer--, car dealer, injunctive relief, buyer, substantively, arbitration clause ...
Index of actions without opinion
1. Daryl v. Cate Matthew/Superior Court, S207916, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1499 Shepardize , January 24, 2013, Filed
2. Roxanne v. S.C. Naicker, S208027, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1497 Shepardize , January 24, 2013, Filed
3. Franklin v. S.C. People, S208156, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1496 Shepardize , January 24, 2013, Filed
4. People v. M. R., G047826, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1500 Shepardize , January 22, 2013, Filed
5. People v. P. S., G047854, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1498 Shepardize , January 22, 2013, Filed
6. Grimes Jerome L. v. S.C. Wong, S207626, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1506 Shepardize , January 18, 2013, Filed
7. Masoumeh v. S.C., S207729, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1505 Shepardize , January 18, 2013, Filed
8. Douglas v. S.C. People, S207753, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1503 Shepardize , January 18, 2013, Filed
9. Raymond v. S.C. Lee, S207755, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1504 Shepardize , January 18, 2013, Filed
10. People v. James, S096809, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1494 Shepardize , January 16, 2013, Opinion Filed
11. Esco, S107782, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1493 Shepardize , January 16, 2013, Opinion Filed
12. Streeter, S191287, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1495 Shepardize , January 16, 2013, Opinion Filed
13. John v. Dep't of Corr. & Rehab., S207517, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1492 Shepardize , January 15, 2013, Opinion Filed
14. People v. Westmoreland, A127394, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 160 Shepardize , March 1, 2013, Opinion Filed
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