California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, April 25, 2013

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, April 25, 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. People v. Leiva, S192176, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 2885 Shepardize , April 8, 2013, Filed

CORE TERMS: probation, revocation, probationary period, tolling provision, toll, period of probation, expiration, probationer, condition of probation, violation of probation ...

2. People v. Carbajal, S195600, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 2886 Shepardize , April 8, 2013, Filed

CORE TERMS: multiple victim, retrial, multiple-victim, deliberation, double jeopardy, jury's verdict, juror, convicted, counts involving, jeopardy ...

3. People v. Gonzales, S191240, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1817 Shepardize , March 18, 2013, Filed

CORE TERMS: disclosure, therapy, psychotherapist-patient, parole, patient's, therapist, session, psychotherapist, parolee, psychologist ...

4. People v. Kelly, E055263, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 279 Shepardize , April 10, 2013, Opinion Filed

CORE TERMS: sentence, probation, suspended, sentenced, county jail, sentencing, revocation, suspended sentence, suspend, Realignment Act ...

5. Spriesterbach v. Holland, B240348, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 272 Shepardize , April 9, 2013, Opinion Filed

CORE TERMS: highway, sidewalk, bicycle, traffic, riding, driver, travel, shoulder, roadway, negligence per se ...

6. People v. Evans, D059607, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 271 Shepardize , April 9, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION11 Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of parts I, II, III and IV.

CORE TERMS: truck, excavator, trailer, cell, phone, breaker, stolen, trucking, aggregate, theft ...

7. Kaiser Cement & Gypsum Corp. v. Insurance Co. of Pennsylvania, B222310, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 269 Shepardize , April 8, 2013, Opinion Filed

CORE TERMS: primary policy, coverage, insured, occurrence, exhausted, insurer, excess policy, per occurrence, policy limits, policy periods ...

8. Luttrell v. Island Pacific Supermarkets, Inc., A134089, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 270 Shepardize , April 8, 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., first paragraph, II.A., II.B., and II.D. through II.F.

CORE TERMS: medical expenses, amounts paid, decubitus ulcer, billed, hip, fractured, ulcer, medical providers, mitigation, reduction ...

9. Akopyan v. Wells Fargo Home Mortgage, Inc., B236455, B236456, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 267 Shepardize , April 4, 2013, Opinion Filed

CORE TERMS: preemption, state law, mortgage, lending, thrift, late fees, national banks, lender, servicing, loan brokers ...

10. Stoltenberg v. Ampton Investments, Inc., B235731, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 266 Shepardize , April 4, 2013, Opinion Filed

CORE TERMS: disentitlement, contempt, subpoena, fugitive, judgment debtor, willful, noncompliance, contempt order, inherent power, legal orders ...

11. People v. Lawson, E053349, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 265 Shepardize , April 4, 2013, Opinion Filed

CORE TERMS: hoodie, sua sponte, mistake of fact, mental state, duty to instruct, negate, walked, mistaken belief, motorcycle, forgot ...

12. Perry v. County of Fresno, F063887, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 264 Shepardize , April 3, 2013, Opinion Filed

CORE TERMS: jail's, inmate, constitutional right, computer system, respondeat superior, scope of employment, vicariously liable, cause of action, police officer, color ...

13. People v. Mora, D062007, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 246 Shepardize , March 29, 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.

CORE TERMS: sentence, realignment, sentenced, state prison, probation, Realignment Act, classification, sentencing, suspended, restitution fine ...

14. Harris v. Bingham McCutchen LLP, B240522, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 250 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: arbitration, choice-of-law, arbitration agreement, antidiscrimination, Federal Arbitration Act, arbitration clause, enforceable, employment discrimination, employment agreement's, unconscionable ...

15. Conejo Wellness Center, Inc. v. City of Agoura Hills, B237718, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 248 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: marijuana, ordinance, dispensary, privacy, state law, preemption, zoning ordinance, patient, causes of action, registration ...

16. Collins v. Navistar, Inc., C060468, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 254 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: windshield, truck, foreseeability, manufacturer, database, rock, foreseeable, thrown, products liability, products liability ...

17. People v. Holman, E054989, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 253 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: probation, restitution fines, restitution, probationer, fine, scenario, unpaid, probationary period, mandatory, condition of probation ...

18. People v. Rivas, H036974, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 251 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: shooting, gang, minivan, probable consequences, extrajudicial statements, prosecutor, gang members, assistance of counsel, perpetrator's, state law ...

19. Federal Home Loan Bank of San Francisco v. Countrywide Financial Corp., A135898, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 247 Shepardize , March 29, 2013, Opinion Filed

CORE TERMS: cause of action, res judicata, primary rights, securitization, final judgment, declaratory relief, demurrer, judicata, res, prior proceeding ...

20. People v. Vallejo, No. B232609, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 223 Shepardize , March 21, 2013, Opinion Filed, As modified Apr. 15, 2013., Modified and rehearing denied by People v. Vallejo, 2013 Cal. App. LEXIS 288 Shepardize (Cal. App. 2d Dist., Apr. 15, 2013)

CORE TERMS: juror, misconduct, self-defense, firearm, shooting, shot, readback, sentence, enhancement, prosecutor ...

21. People v. Delgado, No. B240880, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 222 Shepardize , March 20, 2013, Opinion Filed

CORE TERMS: felons, juvenile adjudications, supermajority, juvenile, initiative statute, voter approval, county jail, state prison, sentence, felony ...

22. In re Marriage of Bendetti, B228045, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 218 Shepardize , March 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 the majority opinion's Discussion parts II., III., and IV. and the concurring opinion of Justice Mosk.

CORE TERMS: attorney fees, dissolution proceeding, partnership, restaurant, pendente lite, prevail, fees award, spouse, marital, declaratory relief action ...

23. Ignat v. Yum! Brands, Inc., G046343, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 210 Shepardize, March 18, 2013, Opinion Filed

CORE TERMS: privacy, right to privacy, common law, cause of action, disclosure of private facts, summary judgment, disclosure, right of privacy, common law, constitutional right ...

24. People v. Thomas, B234814, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 201 Shepardize , March 14, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, part I., the heading for part III., and the entirety of part III.G.1. and part IV. are certified for publication.

CORE TERMS: enhancement, conviction enhancements, convicted, sentence, violent, indeterminate terms, sentenced, prior serious, legislative direction, felony convictions ...

25. County of Los Angeles v. City of Los Angeles, B236732, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 199 Shepardize , March 14, 2013, Opinion Filed

CORE TERMS: street, route, municipality, municipal, sewer line, highway, alley, convenient, territorial limits, unincorporated territories ...

26. Henderson v. Newport-Mesa Unified School Dist., G046765, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 190 Shepardize , March 13, 2013, Opinion Filed

CORE TERMS: teacher, temporary, school year, school district, primary rights, vacant position, fill, cause of action, demurrer, administrative proceeding ...

27. Spinner v. American Broadcasting Companies, Inc., B239229, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 268 Shepardize , March 8, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 5, 2013.

CORE TERMS: script, television, creator, similarity, pilot, matter of law, summary judgment, outline, survivor, intermediary ...

28. People v. Vega, B237354, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 262 Shepardize , March 7, 2013, Opinion Filed, As modified Mar. 12, Apr. 3 and 9, 2013., CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, parts I., II., III.B.1., 2. and IV. are certified for publication., Modified by People v. Vega, 2013 Cal. App. LEXIS 274 Shepardize (Cal. App. 2d Dist., Apr. 9, 2013)

CORE TERMS: gang, enhancement, bodily injury, gang member, firearm use, rival, felony, firearm, violent felony, attempted voluntary manslaughter ...

29. Borikas v. Alameda Unified School Dist., A129295, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 168 Shepardize , March 6, 2013, Opinion Filed

CORE TERMS: special taxes, exemption, school districts, classification, uniformly", real property, senior, parcel, definitional, taxation ...

30. In re T.G., A134874, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 255 Shepardize , March 6, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 2, 2013.

CORE TERMS: "presumed" fathers, custody, juvenile, parental rights, detriment, paternity, termination, biological, dependency, biological fathers ...

31. Gonzalez v. Downtown LA Motors, LP, B235292, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 257 Shepardize , March 6, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 2, 2013.

CORE TERMS: minimum wage, wage orders, piece-rate, technician, hours worked, waiting, repair, averaging, compensated, hourly ...

32. Alliance for Protection of Auburn Community Environment v. County of Placer, C067961, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 256 Shepardize , February 28, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 2, 2013.

CORE TERMS: statutes of limitations, demurrer, limitations period, good cause, excusable neglect, mandatory, environmental, jurisdictional, inadvertence, leave to amend ...

33. In re Marriage of Lim & Carrasco, H037845, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 208 Shepardize , February 26, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 18, 2013.

CORE TERMS: earning capacity, regimen, child support, best interest, work schedule, guideline, temporary, spousal support, partner, law firm ...

34. In re Ricky T., B239238, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 194 Shepardize , February 14, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 13, 2013 and is now reported at 2013 Cal.App.LEXIS 194 Shepardize .

CORE TERMS: juvenile, sexual abuse, mall, risk of harm, female, breasts, siblings, grandfather, notice, vendor ...

35. Richardson v. City and County of San Francisco Police Com., A133300, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 206 Shepardize , February 13, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 15, 2013.

CORE TERMS: criminal investigation, specification, attorney's office, police department's, tolling, disciplinary, tolled, screen, door, statute of limitations ...

36. 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, years old, juvenile offender, parole, adult, prison, murder, life expectancy, saber ...

37. People v. Petty, A130605, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 143 Shepardize , January 28, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 27, 2013.

CORE TERMS: medication, condition of probation, mental health, stay-away, supervised, yards, probation, daughter, antipsychotic medication, protective order ...

Index of actions without opinion

1. Vasquez v. Greene Motors, Inc., A134829, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 314 Shepardize , April 23, 2013, Opinion Filed, Modification of opinion ( ___ Cal.Rptr.3d ___), upon denial of rehearing.

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