California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, July 15, 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. Rountree, S048543, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 4424 Shepardize , May 23, 2013, Filed 

CORE TERMS:  juror's, shot, death penalty, murder, prospective juror, special circumstances, photographs, codefendant, change of venue, confession ... 

2. Latinos Unidos Del Valle De Napa Y Solano v. County of Napa, A135094, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 548 Shepardize , July 11, 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 and III of the Discussion. 

CORE TERMS:  bonus, density, developer, ordinance, housing, affordable housing, affordable, construct", Density Bonus Law, state law ... 

3. Shearin v. Brown, B239730, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 545 Shepardize , July 11, 2013, Opinion Filed 

CORE TERMS:  demurrer, class certification, appealable, over-detention, class members, release date, certification, inmate, putative, sentence ... 

4. People v. Barclay, H038109, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 547 Shepardize , July 11, 2013, Opinion Filed 

CORE TERMS:  felony, juvenile adjudications, vehicular manslaughter, felony violation, juvenile, elevation, driving, plain language, elevate, 'misdemeanor ... 

5. Beaumont-Jacques v. Farmers Group, Inc., B239855, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 546 Shepardize , June 12, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 11, 2013. 

CORE TERMS:  independent contractor, manager, matter of law, causes of action, summary judgment, right to control, employment relationship, triable, insurers, desired ... 

6. Maynard v. BTI Group, Inc., A136093, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 429 Shepardize , May 29, 2013, Opinion Filed 

CORE TERMS:  attorney fees, prevailing party, fee provisions, party prevailing, prevailing, prevailed, causes of action, contractual, prevail, attorney fees ... 

7. People v. Oakley, C070776, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 416 Shepardize , May 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. and III. of the Discussion. 

CORE TERMS:  enhancement, controlled substance, transportation, personal use, sentence, methamphetamine, convicted, transporting, narcotics, prior felony conviction ... 

8. Winn v. Pioneer Medical Group, Inc., B237712, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 412 Shepardize , May 24, 2013, Opinion Filed 

CORE TERMS:  elder, neglect, professional negligence, care provider, dependent adult, custodial, vascular, medical care, custodian, "reckless ... 

9. In re Timothy N., D061891, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 403 Shepardize , May 22, 2013, Opinion Filed 

CORE TERMS:  probation, restitution, plea agreement, conditions of probation, "successfully completed, prosecutor's, misdemeanor, successful completion, "successfully complete, termination ... 

10. Dow v. Lassen Irrigation Co., C068550, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 406 Shepardize , May 22, 2013, Opinion Filed 

CORE TERMS:  irrigation, river, decree, reservoir, diversion, "divert, storage, user, beneficial use, acre-feet ...

 11. People v. Eid, G046129, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 404 Shepardize , May 22, 2013, Opinion Filed,  As modified June 12, 2013., Modified and rehearing denied by People v. Eid, 2013 Cal. App. LEXIS 465 Shepardize  (Cal. App. 4th Dist., June 12, 2013) 

CORE TERMS:  lesser, kidnapping, convicted, ransom, charged crimes, phone, false imprisonment, extortion, motel, lesser offense ... 

12. Bombardier Recreational Products, Inc. v. Dow Chemical Canada ULC, C065603, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 399 Shepardize , May 21, 2013, Opinion Filed 

CORE TERMS:  minimum contacts, fuel tank, personal jurisdiction, forum state, purposefully, manufacturer, watercraft, manufactured, "purposeful, availment" ... 

13. People v. Fernandez, B236009, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 397 Shepardize , May 20, 2013, Opinion Filed 

CORE TERMS:  prosecutor, credibility, molestation, touching, daughter, girl, touched, misconduct, prosecutorial misconduct, Criminal Law ...

 14. People v. Her, C069153, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 435 Shepardize , May 14, 2013, Opinion Filed,  As modified June 12, 2013.,  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 parts II and III of the Discussion.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published May 29, 2013.Modified by People v. Zang Her, 2013 Cal. App. LEXIS 466 Shepardize  (Cal. App. 3d Dist., June 12, 2013) 

CORE TERMS:  profile, contributor, partial, statistical analysis, bloodstain, mixture, pillow, allele", glove, mixed-source ... 

15. Target National Bank v. Rocha, Case No. 1-12-AP-001359, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, SANTA CLARA COUNTY, 2013 Cal. App. LEXIS 410 Shepardize , April 29, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published May 16, 2013. 

CORE TERMS:  declaration, subpoena, cross-examination, attendance, mile, affiant, notice, attend, service of process, resident ... 

Index of actions without opinion 

1. People v. Hopkins, S183724, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 4792 Shepardize , June 12, 2013, Opinion Filed 

2. Diamond v. Superior Court, H038734, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 550 Shepardize , July 12, 2013, Opinion Filed 

3. County of Siskiyou v. Superior Court, C067252, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 551 Shepardize , July 12, 2013, Opinion Filed

4. In re Ficke, G046263, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 549 Shepardize , July 11, 2013, Opinion Filed

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