California Official Reports: Electronic Advance Sheet For Friday, April 13, 2012

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Index of new California opinions:

1. Brinker Rest. Corp. v. Superior Court, S166350, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3149 Shepardize , April 12, 2012, Filed

CORE TERMS: meal, wage order, minute, certification, subclass, rest periods, class certification, hours of work, timing, fraction ...

2. C.A. v. William S. Hart Union High School Dist., S188982, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 2185 Shepardize , March 8, 2012, Filed, Reported at C.A. v. William S. Hart Union High School District, 2012 Cal. LEXIS 2580 Shepardize (Cal., Mar. 8, 2012)

OVERVIEW: A high school student had a viable claim against the school district based on sexual abuse by a guidance counselor because the district could be vicariously liable under Gov. Code, § 815.2, for the negligence of administrators or supervisors in hiring, supervising, and retaining a school employee who sexually harassed and abused a student.

CORE TERMS: supervision, hiring, personnel, retention, school districts, administrator, vicarious liability, public entity, negligent hiring, teacher's ...

3. People v. Manzo, S191400, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 2064 Shepardize , March 8, 2012, Filed, Reported at People v. Manzo (Martin), 2012 Cal. LEXIS 2567 Shepardize (Cal., Mar. 8, 2012)

OVERVIEW: An appellate court's reversal of defendant's conviction for violating Pen. Code, § 246, was error because the legislature intended § 246 to apply to a person standing outside an occupied motor vehicle and shooting into it, even if the gun had crossed the plane of the vehicle.

CORE TERMS: firearm, gun, occupied, shooting, shooter, lenity, inside, occupied motor vehicle, inhabited, fired ...

4. Miske v. Bisno, A127596, A127761, A128167, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 412 Shepardize , April 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 part II.C.

CORE TERMS: partner, partnership, general partners, innocent, attorney fees, assignee, fraud claim, attorney fees, partnership units, concealment ...

5. People v. Tuggle, B228064, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 209 Shepardize , February 24, 2012, Filed

OVERVIEW: Because a vase in a model home had been cleaned regularly prior to a burglary and defendant said he had not been in any model homes, the jury reasonably could conclude that defendant left his fingerprints on the vase while committing the burglary and not at some prior time. Thus, the evidence supported defendant's conviction under Pen. Code, § 459.

CORE TERMS: fingerprint, cleaned, vase, burglary, identification, criminalist, crime scene, dust, qualification, cleaning ...

6. Balsam v. Trancos, Inc., A128485, A129458, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 212 Shepardize , February 24, 2012, Filed, As modified Mar. 21, 2012., Modified and rehearing denied by Balsam v. Trancos, Inc., 2012 Cal. App. LEXIS 334 Shepardize (Cal. App. 1st Dist., Mar. 21, 2012)

OVERVIEW: Corporate defendant was liable under Bus. & Prof. Code, § 17529.5, subd. (a)(2), where defendant used domain names in its commercial e-mails that were not fully traceable to it. Admitted motivation for the use of multiple, random domain names was to prevent recipients of the e-mails from being able to identify defendant as their true source.

CORE TERMS: e-mail, domain, sender--, consumer, recipient, header, spam, traceable, com, misrepresented ...

7. In re Marriage of Falcone & Fyke, H034104, H034127, H034869, H035337, H036368, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 201 Shepardize , February 23, 2012, Filed, Rehearing denied by Falcone v. Fyke, 2012 Cal. App. LEXIS 390 Shepardize (Cal. App. 6th Dist., Mar. 19, 2012)Rehearing denied by Falcone v. Fyke, 2012 Cal. App. LEXIS 391 Shepardize (Cal. App. 6th Dist., Mar. 19, 2012)Rehearing denied by Falcone v. Fyke, 2012 Cal. App. LEXIS 389 Shepardize (Cal. App. 6th Dist., Mar. 19, 2012)Rehearing denied by Falcone v. Fyke, 2012 Cal. App. LEXIS 392 Shepardize (Cal. App. 6th Dist., Mar. 19, 2012)

OVERVIEW: Because a husband adequately described his former wife's sanctionable conduct under Fam. Code, § 271, in failing to pay the husband one-half of the equity in the marital residence under the terms of a judgment distributing property, the sanction was proper; moreover, the husband was not required to provide proof of financial need or actual injury.

CORE TERMS: attorney fees, declaration, accounting, family residence, trust account, contempt, financial burden, continuance, awarding, you've ...

8. People v. Kunath, No. B232607, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 194 Shepardize , February 23, 2012, Filed, As modified Mar. 8, 2012., Modified by People v. Kunath, 2012 Cal. App. LEXIS 271 Shepardize (Cal. App. 2d Dist., Mar. 8, 2012)

OVERVIEW: In a single sentencing proceeding, defendant was sentenced to concurrent 16-month prison terms for two unrelated drug possession crimes. Defendant was in presentence custody until he was sentenced simultaneously on both cases. Under Pen. Code, § 2900.5, defendant was entitled to full credit for time spent in presentence custody in both cases.

CORE TERMS: custody, presentence, custody credits, presentence custody, credited, unrelated, sentenced, concurrent sentences, sentence, parole ...

9. Lin v. Jeng, B232899, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 199 Shepardize , February 23, 2012, Filed

OVERVIEW: In light of a cotenant's attempt to prevent her siblings from obtaining their interests in real property, the trial court did not abuse its discretion under Code Civ. Proc., § 874.040, when it equitably apportioned attorney fees to require the cotenant and her husband to pay all of the fees they incurred as a result of bringing a partition action.

CORE TERMS: attorney fees, siblings, percent interest, partition action, rent, equitable, apportion, grant deed, notice, equitable considerations ...

10. Pickett v. Superior Court, No. B238175, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 156 Shepardize , February 22, 2012, Filed

OVERVIEW: Single challenge rule in Code Civ. Proc., § 170.6, subd. (a)(4), was not triggered where two workers filed suits alleging that their employer had violated a wage order and a California Labor Code provision because the second action, which sought additional relief and did not arise out of the first action, was not a continuation of the first action.

CORE TERMS: continuation, peremptory challenge, assigned, disqualification, notice, original action, attorney fees, injunctive relief, special proceedings, consolidated ...

11. California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., No. B231491, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 236 Shepardize ; 77 Cal. Comp. Cases 143, February 6, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 28, 2012.

OVERVIEW: Collection agency was not excluded from pursuing workers' compensation claims against the California Insurance Guarantee Association (CIGA). Ins. Code, § 1063.1, subd. (c)(9), did not exclude the claims from being "covered" because medical providers were original claimants and collection agency was their administrator or personal representative.

CORE TERMS: medical providers, insured', original claimants, liability claim, covered claims, "assignee, insurance policies, insolvent insurer, party claim, claimant ...

Index of actions without opinion

1. N. Pacifica Llc v. Cal. Coastal Comm'n, A130140, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3147 Shepardize , March 21, 2012, Opinion Filed

2. Bristol-Myers Squibb Co. v. S.C. (Wilson), S199900, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3146 Shepardize , March 21, 2012, Opinion Filed

3. People v. Lowery (Eddie Jason), S199654, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3148 Shepardize , March 21, 2012, Opinion Filed

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