California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, April 22, 2013

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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. Chanda v. Fed. Home Loans Corp., D059976, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 307 Shepardize , April 19, 2013, Opinion Filed

CORE TERMS: collateral source rule, superseding cause, insurance policy, forgery, notary, signature, foreseeable, fiduciary duty, prejudicial, intervening ...

2. In re Curtis S., D062081, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 306 Shepardize , April 19, 2013, Opinion Filed

CORE TERMS: loud, phone, clear and present danger, juvenile, violence, noise, shouting, communicative, imminent, tone ...

3. People v. Barba, B185940, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 309 Shepardize , April 19, 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 part II of the DISCUSSION.

CORE TERMS: analyst's, lab's, testimonial, testing, plurality's, profile, hair, primary purpose, technician, concurring opinion ...

4. People v. McCall, B236269, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 302 Shepardize , April 18, 2013, Opinion Filed, Modification of opinion ( ___ Cal.Rptr.3d ___), upon denial of rehearing.

CORE TERMS: "diagnosis", prenatal, convicted, "diagnose", disorder, physical condition, 'treating, person's blood, mechanical devices, postpartum ...

5. Hernandez v. Amcord, Inc., B238408, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 299 Shepardize , April 18, 2013, Opinion Filed

CORE TERMS: exposure, asbestos, medical probability, causation, substantial factor, nonsuit, cement, gun, plastic, mesothelioma ...

6. People v. Harrison, A132915, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 298 Shepardize , April 18, 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 part II.A.2.-3., 7., 8.a., c. & d., B.-D.

CORE TERMS: advisory counsel, standby counsel, self-representation, kidnapped, prosecutor, continuance, copulate, orally, jury convicted, sex offenses ...

7. Hyundai Securities, Co. v. Lee, B242002, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 300 Shepardize , April 18, 2013, Opinion Filed

CORE TERMS: foreign-country, money judgment, sister-state, foreign judgments, special proceeding, conclusive, summary judgment, enforceable, Recognition Act, notice ...

8. In re Simmons, D060557, COURT OF APPEAL OF CALIFORNIA, DIVISION ONE, 2013 Cal. App. LEXIS 303 Shepardize , April 18, 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 Factual and Procedural Background parts A., B., C., D., and E., and Discussion parts I. and III.

CORE TERMS: spouse, separate property, fiduciary duties, community property, attorney fees, nondisclosure, savings account, dissolution, disclose, failure to disclose ...

9. In re Stoneroad, A132591, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 297 Shepardize , April 18, 2013, Opinion Filed

CORE TERMS: parole, inmate, prisoner, alcohol, suitability, commitment offense, prison, dangerousness, spiritual, remember ...

10. Serpa v. Cal. Sur. Investigations, B237363, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 308 Shepardize , March 21, 2013, Opinion Filed

CORE TERMS: arbitration, arbitration agreement, unconscionable, agreement to arbitrate, attorney fees, handbook, unconscionability, arbitrate, illusory, modify ...

11. Law Offices of Mathew Higbee v. Expungement Assistance Services, G046778, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 196 Shepardize , March 14, 2013, Opinion Filed

CORE TERMS: unfair competition law, competitor, causes of action, business dealings, business practice, "unfair", lawsuit, market share, demurrer, practice of law ...

12. In re A.J., D062429, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 198 Shepardize , March 14, 2013, Opinion Filed

CORE TERMS: juvenile, placement, custody, terminate, supervision, presumed father, disposition hearing, best interests, protective, stepmother ...

13. Webb v. Special Electric Co., Inc., B233189, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 200 Shepardize , March 14, 2013, Opinion Filed, As modified Apr. 10, 2011., Modified by Webb v. Special Electric Co., Inc., 2013 Cal. App. LEXIS 276 Shepardize (Cal. App. 2d Dist., Apr. 10, 2013)

CORE TERMS: asbestos, warning, user, nonsuit, warn, directed verdict, duty to warn, supplied, notice, failure to warn ...

14. In re Marriage of Priem, A130791, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 193 Shepardize , March 13, 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 III. and IV. of the Discussion. The parties have requested this case identify the parties other than by their proper names. The case has proceeded to date with the names of the parties. The record and exhibits filed with this court do not have the identity of the parties modified. We decline the request to do so at this stage of the case.

CORE TERMS: domestic violence, spouse, spousal support, nolo contendere plea, temporary, civil suit, misdemeanor, plea of nolo contendere, civil proceedings, civil actions ...

15. Good v. Miller, C068802, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 189 Shepardize , March 13, 2013, Opinion Filed, As modified Apr. 9, 2013., Modified by Good v. Miller, 2013 Cal. App. LEXIS 278 Shepardize (Cal. App. 3d Dist., Apr. 9, 2013)

CORE TERMS: appealable order, nonappealable order, terminating, notice of appeal filed, appealability, order granting, exercise discretion, notice of appeal, entry of judgment, premature ...

16. People v. Landau, G042008, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 158 Shepardize , February 7, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 1, 2013.

CORE TERMS: district attorney, discovery, trial date, sexually, violent, box, predator, exclusionary rule, recommitment, deputy ...

17. People v. Nahinu, Appellate No. APP-12-007317, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, SAN FRANCISCO COUNTY, 2013 Cal. App. LEXIS 195 Shepardize , March 11, 2013, Opinion Filed

CORE TERMS: speedy trial claim, misdemeanor, Criminal Law, good cause, impaneled, speedy trial, trial right, continuance, prejudiced, speedy ...

Index of actions without opinion

1. Serpa v. Cal. Sur. Investigations, B237363, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 305 Shepardize , March 21, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 19, 2013.

2. Elijah W. v. Superior Court, No. B241011, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 301 Shepardize , March 20, 2013, Opinion Filed

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