California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, July 11, 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. Lopez, S073597, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 4702 Shepardize , June 13, 2013, Filed 

CORE TERMS:  prosecutor, prospective jurors, murder, juror, misconduct, guilt, gang, killing, shooting, bias ... 

2. El-Attar v. Hollywood Presbyterian Medical Center, S196830, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 4697 Shepardize , June 6, 2013, Filed 

CORE TERMS:  peer review, governing body, governing board, medical staff, bylaws, hearing officers, review hearing, staff privileges, fair procedure, peer ... 

3. Boeken v. Philip Morris United States, B236875, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 538 Shepardize , July 9, 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 DISCUSSION, parts II and III. 

CORE TERMS:  wrongful death, death actions, decedent's, mandatory, loss of consortium, invalid, prejudgment interest, consortium, comfort, settlement ... 

4. In re R.V., G046961, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 485 Shepardize , June 19, 2013, Opinion Filed

 CORE TERMS:  juvenile, incompetency, incompetent, incompetence, competency, adult, burden of proof, competence, burden to prove, cognitive ... 

5. Teal v. Superior Court, B247196, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 486 Shepardize , June 19, 2013, Opinion Filed 

CORE TERMS:  inmate, substantial rights, resentencing, sentence, appealable, eligibility, writ of mandate, indeterminate, eligibility requirements, purported appeal ... 

6. People v. Fong, H037245, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 489 Shepardize , June 18, 2013, Opinion Filed 

CORE TERMS:  incorporation, time-specific, conduct credit, enhancement, felony, body of laws, law relating, legislative intent, intent requirement, inflicts great bodily injury ... 

7. Barnes v. Western Heritage Ins. Co., C066002, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 480 Shepardize , June 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 parts I, III and IV. 

CORE TERMS:  coverage, insurer, personal injury action, medical expenses, tortfeasor, collateral, wrongdoer, insurance policy, settlement, insured ... 

8. People v. Nguyen, A133591, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 483 Shepardize , June 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 parts II.C. and D. 

CORE TERMS:  theft, larceny, false pretenses, printer, laptop, box, customer, burglary, trick, commit ... 

9. City of Dana Point v. California Coastal Com., D060260, D060369, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 477 Shepardize , June 17, 2013, Opinion Filed

 CORE TERMS:  nuisance, ordinance, abatement, local coastal program, local government, Coastal Act, mandated, coastal development permit, coastal--, abate ... 

10. People v. Sullivan, B237734, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 479 Shepardize , June 17, 2013, Opinion Filed 

CORE TERMS:  juror, enhancement, assault, jeopardy, bodily injury, retrial, double jeopardy bars, substantive offense, deadlocked, mistrial ... 

11. Scott B. v. Board of Trustees of Orange County High School of the Arts, G047177, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 475 Shepardize , June 14, 2013, Opinion Filed 

CORE TERMS:  knife, weapon, charter schools, blade, expulsion, expelled, evidentiary hearing, writ of mandate, qualify, school districts ... 

12. Series AGI West Linn of Appian Group Investors DE, LLC v. Eves, A135832, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 476 Shepardize , June 14, 2013, Opinion Filed 

CORE TERMS:  guaranty, attachment, surety, guarantor, declaration, enhancement, italics, exempt, lender, implied terms ... 

13. Donlen v. Ford Motor Co., C065722, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 474 Shepardize , June 14, 2013, Opinion Filed,  As modified July 8, 2013., Modified and rehearing denied by Donlen v. Ford Motor Co., 2013 Cal. App. LEXIS 531 Shepardize  (Cal. App. 3d Dist., July 8, 2013)

 CORE TERMS:  repair, transmission, warranty, truck, new trial, nonwarranty, limine, miles, technician, dealer ... 

14. Teva Pharmaceuticals USA, Inc. v. Superior Court, G047134, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 470 Shepardize , June 13, 2013, Opinion Filed

 CORE TERMS:  label, generic, manufacturer, labeling, drug manufacturer, brand-name, warning, preemption, update, federal law ... 

15. County of Siskiyou v. Superior Court, C067252, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 468 Shepardize , June 13, 2013, Opinion Filed 

CORE TERMS:  groundwater, concurrent jurisdiction, river, venue, decree, public trust doctrine, real property, interconnected, water rights, subject matter ... 

16. In re Marriage of Ficke, G046263, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 462 Shepardize , June 12, 2013, Opinion Filed 

CORE TERMS:  imputation, marriage, custodial parent, spousal support, child support, best interest, spouse, noncustodial parent's, spousal, support award ... 

17. Association of Orange County Deputy Sheriffs v. County of Orange, G047167, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 472 Shepardize , June 12, 2013, Opinion Filed 

CORE TERMS:  investigative, interview, bargaining, working conditions, internal affairs, past practice, preinvestigative, scope of representation, meet-and-confer, misconduct ... 

18. California Building Industry Assn. v. City of San Jose, H038563, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 447 Shepardize , June 6, 2013, Opinion Filed 

CORE TERMS:  ordinance, housing, police power, affordable housing", exaction, inclusionary, reasonable relationship, dedication, household, public welfare ... 

19. Nevarrez v. San Marino Skilled Nursing & Wellness Centre, LLC, B235372, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 444 Shepardize , June 5, 2013, Opinion Filed 

CORE TERMS:  investigator, elder, patient's, resident, negligence per se, admissible, nursing, bed, nursing home, nurse ... 

20. In re T.V., D063023, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 473 Shepardize , May 29, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 14, 2013.   

CORE TERMS:  domestic violence, juvenile, violence, substantial risk, physical harm, social worker's report, custody, abused, jurisdictional, physically ... 

21. Liberty National Enterprises, L.P. v. Chicago Title Ins. Co., B234341, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 469 Shepardize , May 22, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 13, 2013. 

CORE TERMS:  coverage, duty to defend, insurer", insured, percent interest, insuring clause, partnership, quiet, encumbrance, sellers ... 

22. SB Liberty, LLC v. Isla Verde Assn., Inc., D061261, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 481 Shepardize , May 22, 2013, Opinion Filed,  As modified June 11, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 18, 2013.

 CORE TERMS:  preliminary injunction, attend, membership, manager, bylaws, open sessions, injunction, nonprofit, transferred, attending ... 

23. Smith v. St. Jude Medical, Inc., A135338, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 487 Shepardize , May 21, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 19, 2013. 

CORE TERMS:  summary judgment, surgery, pacemaker, perforation, implant, monitor, duty of care, triable, sales representative's, placement ... 

24. Schaefer v. Elder, C068229, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 461 Shepardize , May 16, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 12, 2013. 

CORE TERMS:  insured, insurer, independent counsel, independent contractors, conflict of interest, coverage, moving party, insurance contract, reservation of rights, declaratory relief action ...

 25. People v. Solis, No. B238099, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 467 Shepardize , May 15, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 13, 2013. 

CORE TERMS:  marijuana, cooperative, nonprofit, membership, reasonable doubt, guidelines, registered, vendor, patient, financial records ... 

Index of actions without opinion 

No new actions since last update. 

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