California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 16, 2013

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 16, 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. McCullough, S192513, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 3330 Shepardize , April 22, 2013 Filed
 CORE TERMS:  booking, forfeiture, ability to pay, sentencing, forfeited, probable cause, testing, sentence, forfeit, evidence to support ... 
2. People v. Nuckles, S200612, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 3329 Shepardize , April 22, 2013, Filed 
CORE TERMS:  parole, accessory, felony, parolee, felon, prison "term", imprisonment, absconding, Criminal Law, parole supervision ... 
3. Jameson v. Desta, D060029, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 334 Shepardize , April 29, 2013, Opinion Filed 
CORE TERMS:  standard of care, deposition, interferon, summary judgment, declaration, triable, cause of action, breach of fiduciary duty, patient, hepatitis ... 
4. People v. Tran, H036764, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 335 Shepardize , April 29, 2013, Opinion Filed 
CORE TERMS:  declarant, penal interest, conspiracy, gangster, murder, trustworthiness, declaration, phone, reliable, accessory ... 
5. County of Tulare v. Nunes, F063555, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 338 Shepardize , April 29, 2013, Opinion Filed 
CORE TERMS:  marijuana, ordinance, zoning ordinances, patient's, zoning, state law, cooperative, land uses, dispensary, classification ... 
6. In re Robert M., F064841, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 333 Shepardize , April 29, 2013, Opinion Filed 
CORE TERMS:  juvenile, housing, juvenile hall, sexual, offender, custody, probation officer, ex post facto laws, sex offender, county jail ... 
7. In re Nelson B., A136240, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 331 Shepardize , April 26, 2013, Opinion Filed 
CORE TERMS:  custody, aunt, home state, matter jurisdiction, "temporary, juvenile, lived, person acting, unauthorized, commencement ... 
8. Department of Corrections & Rehabilitation v. State Personnel Bd., D061653, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 325 Shepardize , April 26, 2013, Opinion Filed 
CORE TERMS:  workers' compensation, criminal investigation, limitations period, peace officers, extrinsic, wrist, statutory language, lawmakers, vetoed, misconduct ... 
9. In re Marriage of Kahn, E054082, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 326 Shepardize , April 26, 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 III. 
CORE TERMS:  default, notice, marital, dissolution action, void, box, default judgment, fiduciary duty, dissolution, exceeded ... 
10. Hall v. Rockcliff Realtors, A133045, A134180, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 330 Shepardize , April 26, 2013, Opinion Filed 
CORE TERMS:  ladder, stairway, listing agents, dangerous condition, estate agents, property owners, constructive knowledge, notice, concealed, visitor's ... 
11. Montenegro v. City of Bradbury, B242953, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 319 Shepardize , April 25, 2013, Opinion Filed 
CORE TERMS:  trail, recreational, pathway, immunity, hiking, recreational purposes, dangerous condition, equestrian, riding, public entity ... 
12. Breceda v. Superior Court, B244574, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 321 Shepardize , April 25, 2013, Opinion Filed 
CORE TERMS:  trip, grand jury, district attorney, grand jury, meal, per diem, indictment, embezzlement, deputy, double ... 
13. People v. Fuquay, H037195, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 318 Shepardize , April 25, 2013, Opinion Filed 
CORE TERMS:  jury trial, waive, advisement, waived, personal waiver, jury trial, statutory right, exclusive control, advise, incompetent ... 
14. People v. Mortimer, H037530, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 317 Shepardize , April 25, 2013, Opinion Filed 
CORE TERMS:  jury trial, personal waiver, waived, waive, statutory right, juvenile, advisement, offender--, advise, incompetent ... 
15. Los Angeles County Dept. of Children & Family Services v. Superior Court, No. B247519, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 322 Shepardize , April 25, 2013, Opinion Filed,  As modified Apr. 29 and May 9, 2013., Modified by In re K.R., 2013 Cal. App. LEXIS 336 Shepardize  (Cal. App. 2d Dist., Apr. 29, 2013)Modified by Los Angeles County Dept. of Children & Family Services v. Superior Court, 2013 Cal. App. LEXIS 366 Shepardize  (Cal. App. 2d Dist., May 9, 2013) 
CORE TERMS:  sexual abuse, juvenile, sibling, sexually abused, sexual, household, daughter, substantial risk, abused, years old ... 
16. People v. Blackburn, H037207, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 313 Shepardize , April 23, 2013, Opinion Filed 
CORE TERMS:  jury trial, waive, advisement, waived, personal waiver, exclusive control, mental disorder, best interests, mentally disordered, offender ...
17. County of Sacramento v. Workers' Comp. Appeals Bd., C067739, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 311 Shepardize , April 22, 2013, Opinion Filed,  As modified May 1, 2013., Modified by County of Sacramento v. Workers' Comp. Appeals Bd., 2013 Cal. App. LEXIS 348 Shepardize  (Cal. App. 3d Dist., May 1, 2013) 
CORE TERMS:  personnel, feeling, supervisor, psychiatric injury, internal affairs, unsupported, substantial cause, causation, workers' compensation, good faith ... 
18. Mendoza v. Hamzeh, B239245, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 312 Shepardize , April 22, 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:  extortion, demand letter, matter of law, attorney fees, cause of action, oral statement, probability, accusation, free speech, protected activity ... 
19. Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC, B239928, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 275 Shepardize , April 10, 2013, Opinion Filed
CORE TERMS:  default, declaration, default judgments, renewal, mandatory relief, fault, renewed, responsive pleading, credible, moving party's ... 
20. 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 ... 
21. 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 ... 
22. 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 ... 
23. 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 ... 
24. 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 ... 
25. 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,  WITHDRAWN BY PUBLISHER, Reprinted as modified at, Substituted opinion at Stoltenberg v. Ampton Investments, Inc., 2013 Cal. App. LEXIS 357 Shepardize  (Cal. App. 2d Dist., Apr. 4, 2013)Modified by, Application denied by Stoltenberg v. Ampton Invs., 2013 Cal. App. LEXIS 358 Shepardize  (Cal. App. 2d Dist., May 6, 2013) 
CORE TERMS:  disentitlement, contempt, subpoena, fugitive, judgment debtor, willful, noncompliance, contempt order, inherent power, legal orders ... 
26. Bedoe v. County of San Diego, D060381, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 263 Shepardize , April 3, 2013, Opinion Filed 
CORE TERMS:  provider, recipient, supportive, timesheet, overpayment, in-home, subcontracting, received payment, disabled, hearing officer's decision ... 
27. People v. Quiroz, No. B229432, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 259 Shepardize , April 3, 2013, Opinion Filed 
CORE TERMS:  murder, unanimity, aiding, aiding and abetting, notice, juror, aider and abettor, closing argument, shooter, abetting instruction ... 
28. Hagman v. Meher Mount Corp., No. B239014, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 260 Shepardize , April 3, 2013, Opinion Filed 
CORE TERMS:  exemption, adverse possession, property taxes, public entity, "levied, mosquito, "public benefit, adverse possessor, roll, levy ... 
29. 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,  As modified Apr. 4, 2013., Modified and rehearing denied by Perry v. County of Fresno, 2013 Cal. App. LEXIS 329 Shepardize  (Cal. App. 5th Dist., Apr. 26, 2013) 
CORE TERMS:  jail's, inmate, constitutional right, respondeat superior, scope of employment, computer system, vicariously liable, cause of action, police officer, color ... 
30. Khani v. Ford Motor Co., B239611, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 320 Shepardize , April 2, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 25, 2013. 
CORE TERMS:  former client, disqualification, substantial relationship, legal issue, lemon, law" cases, confidential information, successive, client's right, current representation ... 
31. 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 ... 
32. 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 ... 
33. Heritage Pacific Financial, LLC v. Monroy, A135274, A136043, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 323 Shepardize , March 29, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 25, 2013. 
CORE TERMS:  attorney fees, promissory note, tort claim, causes of action, assigned, consumer, Fair Debt Collection Practices Act, mortgage, borrower, notice ... 
34. People v. Davis, A131764, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 240 Shepardize , March 28, 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 II.D. and E. 
CORE TERMS:  billy, weapon, bat, baseball bat, possessed, billy club, harmless, bludgeon, lawful', arms ... 
35. McDaniel v. Asuncion, F064240, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 233 Shepardize , March 27, 2013, Opinion Filed 
CORE TERMS:  joint offer, heir's, death action, wrongful death, lump sum, apportion, expert witness fees, settlement, apportionment, favorable result ... 
36. Shoemaker v. Harris, B237986, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 234 Shepardize , March 27, 2013, Opinion Filed 
CORE TERMS:  sex offender, mandatory, registration requirement, registration, convicted, sexual, child pornography, sexual conduct, habeas corpus, equal protection ... 
37. Humane Society of U.S. v. Superior Court, C067081, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 235 Shepardize , March 27, 2013, Opinion Filed 
CORE TERMS:  disclosure, public interest, exemption, "improper influence, researcher, nondisclosure, catchall, declaration, egg, delivery ... 
38. City of Monterey v. Carrnshimba, H036475, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 328 Shepardize , March 27, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 25, 2013. 
CORE TERMS:  dispensary, marijuana, classification, ordinance, patient, moratorium, summary judgment, permitted uses, nuisance per se, business license ... 
39. People v. Prunty, C071065, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 229 Shepardize , March 26, 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 part I of the Discussion. 
CORE TERMS:  criminal street gang, subset, gang, detective, gang member, neighborhood, collaborative, organizational, symbol, primary activities ... 
40. Taxpayers for Accountable School Bond Spending v. San Diego Unified School Dist., D060999, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 324 Shepardize , March 26, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 25, 2013. 
CORE TERMS:  parking, lighting, stadium, environmental, zoning, high school, evening, attendance, initial study, traffic ...
41. Ramirez v. Balboa Thrift & Loan, D060057, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 310 Shepardize , March 21, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 12, 2013. 
CORE TERMS:  buyer, reinstatement, notice, class certification, reinstate, class members, seller's, conditions precedent, Rees-Levering Act's NOI, repossession ... 
42. Lister v. Bowen, A134290, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 282 Shepardize , March 15, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 11, 2013. 
CORE TERMS:  restraining order, apprehension, protective order, reconsideration, renewal, restrained, renewed, modification, renew, stalking ... 
43. 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 ... 
44. 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 ... 
45. 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 ... 
Index of actions without opinion 
1. In re Scott H., S206774, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 14 Shepardize , January 3, 2013, Filed 
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