California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, August 21, 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. Rose v. Bank of America, N.A., S199074, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6521 Shepardize , August 1, 2013, Filed 

CORE TERMS:  state law, unfair competition law, federal statutes, business practice, disclosure, borrowing, borrow, repealed, unfair, Savings Act TISA ... 

2. Zhang v. Superior Court, S178542, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6520 Shepardize , August 1, 2013, Filed 

CORE TERMS:  cause of action, unfair competition law, unfair, insurer, bad faith, insured, false advertising, restitution, demurrer, Cartwright Act ... 

3. People v. Davis, S198434, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6016 Shepardize , July 25, 2013, Filed 

CORE TERMS:  controlled substances, chemical, analog, methamphetamine, amphetamine, compound, common knowledge, salts, substantially similar, pills ... 

4. People v. Rogers, S080840, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6332 Shepardize , July 25, 2013, Filed 

CORE TERMS:  murder, apartment, guilt, juror, truck, uncharged, convicted, phase, special circumstance, reasonable doubt ... 

5. Wade v. Ports America Management Corp., B238224, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 615 Shepardize , August 2, 2013, Opinion Filed

 CORE TERMS:  arbitration, cause of action, grievance, res judicata, discrimination claim, preclusive effect, racial discrimination, retaliation, arbitration award, wrongful termination ... 

6. Citizens Business Bank v. Gevorgian, B239747, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 613 Shepardize , August 1, 2013, Opinion Filed 

CORE TERMS:  seller's, lender, subordination agreement, deed of trust, buyer, construction loans, modification, subordinating, phase, escrow ... 

7. Board of Pilot Commissioners  v. Superior Court, A136803, A136806, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 612 Shepardize , August 1, 2013, Opinion Filed 

CORE TERMS:  pilot, "port, log, public records, vessel, database, assigning, disclosure, estoppel, official duty ... 

8. People v. Thomas, A129933A136593, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 614 Shepardize , August 1, 2013, Opinion Filed

 CORE TERMS:  murder, provocation, malice, voluntary manslaughter, apartment, passion, heat of passion, gun, sudden quarrel, killing ... 

9. Cresta Bella, LP v. Poway Unified School Dist., D060789, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 603 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  square footage, preexisting, reasonable relationship, school facilities, school districts, reconstruction, square foot, new residential construction, estimated, residential ...

 10. In re Marriage of Georgiou & Leslie, D061200, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 610 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  fiduciary duties, referral, spouse, dissolution, marriage, postjudgment, disclosure, set-aside, marital, limitations period ... 

11. Conservatorship of Maria B., G047889, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 608 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  conservatee's, sterilization, convincing, conservator, surgery, evidence standard, standard of proof, hysterectomy, migraine, medically necessary ... 

12. Fiduciary Trust Internat. of California v. Superior Court, No. B247441, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 606 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  disqualification, marital trust, former client, attorney-client, substantial relationship, fiduciary, disqualify, confidential information, joint clients, joint representation ... 

13. Reilly v. Inquest Technology, Inc., G046291, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 609 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  manufacturer, wholesale, sales representative, consumer, ultimate consumer, contractual relations, customer, written contract, resale, extrinsic evidence ... 

14. Purton v. Marriott Internat., Inc., D060475, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 607 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  alcohol, respondeat superior, scope of employment, intoxicated, vicarious liability, proximate cause, trier of fact, drive, summary judgment, foreseeable .. 

15. People v. Hanna, C067178, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 604 Shepardize , July 31, 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 II through IV. 

CORE TERMS:  mistake-of-fact, lewd act, commit, years of age, year old, instruct, responded, profile, instructing, attempt to commit ... 

16. People v. Superior Court (Cardillo), No. B246745, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 605 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  marijuana, patient, clinic, practicing medicine, recommendation, license, sick, treating, district attorney, imprisonment ... 

17. Hampton v. County of San Diego, D061509, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 594 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  distance, sight, intersection, design immunity, reasonableness, engineer, discretionary approval, traffic, public entity, feet ... 

18. Hudec v. Superior Court, G047465, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 595 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  criminal proceedings, proof beyond, reasonable doubt, self-incrimination, rights guaranteed, state constitutions, plain meaning, unanimous, legislative intent, civil commitment ... 

19. j2 Global Communications, Inc. v. City of Los Angeles, B241151, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 596 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  customer's, fax, telecommunication, user, taxation, undisputed facts, summary judgment, electronic mail, connect, refund ... 

20. In re A.H., H038633, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 597 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  notice, mailing, juvenile, notification, advisement, review hearing, order setting, clerk's, writ petition, process server ... 

21. Hebberd-Kulow Enterprises, Inc. v. Kelomar, Inc., D060438, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 593 Shepardize , July 25, 2013, Opinion Filed 

CORE TERMS:  invoice, limine, matter of law, final expression, parties agreed, parol evidence, declaration, merchants, mirror image, late payments ... 

22. Masonite Corp. v. County of Mendocino, A134896, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 590 Shepardize , July 25, 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.B., II.D., II.E., and II.F. 

CORE TERMS:  farmland, agricultural, mitigation, agricultural land, environmental, conservation easements, mitigate, prime, acre, offsite ... 

23. People v. McPheeters, C069702, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 580 Shepardize , July 24, 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, III, and IV of the Discussion. 

CORE TERMS:  'credible, stalking, course of conduct, threatening, no-contact, conveyed, restraining order, prosecutor, protected activity, violence ... 

24. Estrada v. City of Los Angeles, B242202, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 581 Shepardize , July 24, 2013, Opinion Filed 

CORE TERMS:  volunteer, reserve officer, civil service rules, charter, disability, appointed, compensation benefits, remuneration, italics, cause of action ... 

25. In re Jesus G., B245823, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 582 Shepardize , July 24, 2013, Opinion Filed

CORE TERMS:  competency, protocol, attain, probation, juvenile, detained, stand trial, incompetent, developmental, attainment ... 

26. People v. Culbert, No. B238633, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 584 Shepardize , July 24, 2013, Opinion Filed 

CORE TERMS:  firearm, felony", gun, misdemeanor, ammunition, unloaded, trigger, assault, bathroom, sentence enhancement ... 

27. Eucasia Schools Worldwide, Inc. v. DW August Co., No. B238399, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 583 Shepardize , July 24, 2013, Opinion Filed 

CORE TERMS:  lease, notice, inspection, directed verdict, tenant's, notice provision, lessee, landlord, inspect, substantial evidence ... 

28. Calguns Foundation, Inc. v. County of San Mateo, A136092, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 616 Shepardize , July 15, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 2, 2013. 

CORE TERMS:  ordinance, firearm, gun, preemption, license, state law, preempted, weapon", licensing, preempt ... 

29. Roberts v. Packard, Packard & Johnson, B240452, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 527 Shepardize , July 3, 2013, Opinion Filed 

CORE TERMS:  attorney fees, petition to compel arbitration, lawsuit, arbitration, prevailing party, italics, fee agreement, causes of action--, contingency, prevail ... 

30. Mendiola v. CPS Security Solutions, Inc., B240519, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 528 Shepardize , July 3, 2013, Opinion Filed 

CORE TERMS:  trailer, guard, sleep, wage order, on-call, "hours worked", site, compensable, jobsite, sleeping ... 

31. State Farm General Ins. Co. v. Workers' Comp. Appeals Bd., B240742, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 592 Shepardize ; 78 Cal. Comp. Cases 758, July 1, 2013, Opinion Filed,  As modified Aug. 13, 2013.,  Certified for Publication by Court of Appeal July 25, 2013Modified by State Farm General Ins. Co. v. Workers' Comp. Appeals Bd., 2013 Cal. App. LEXIS 645 Shepardize  (Cal. App. 2d Dist., Aug. 13, 2013) 

CORE TERMS:  reimbursement, workers' compensation, reconsideration, res judicata, jointly, solvent, insurer, judicial review, severally liable, covered claims ... 

32. Trapp v. Naiman, E054908, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 586 Shepardize , June 28, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 24, 2013. 

CORE TERMS:  cause of action, protected activity, lawsuit, prevailing, litigation privilege, free speech, furtherance, foreclosure, nonjudicial foreclosure, right of petition ... 

33. Littlefield v. County of Humboldt, A135628, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 589 Shepardize , June 28, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 25, 2013. 

CORE TERMS:  marijuana, 'patient's, recommendation, possessed, quantity, seized, controlled substances, summary judgment, suspected, probable cause ... 

34. Brooktrails Township Community Services Dist. v. Board of Supervisors of Mendocino County, A135900, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 585 Shepardize , June 26, 2013, Opinion Filed,  As modified July 24, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 24, 2013. 

CORE TERMS:  voter, parcel, base rates, initiative, local governments, property owner, connected, monthly, water service, sewer ... 

35. Save the Plastic Bag Coalition v. County of Marin, A133868, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 588 Shepardize, June 25, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION* * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, the opinion is certified for publication with the exception of parts 4., 5., 6., and 7. of the Discussion.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 25, 2013. 

CORE TERMS:  ordinance, exemption, plastic bags, paper bags, environmental, bag, categorical exemption, single-use, public agency, exempt ... 

Index of actions without opinion 

1. People v. Petronella, G044628, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 662 Shepardize , August 19, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 16, 2013.

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