California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, September 4, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, September 4, 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. Western States Petroleum Assn. v. Board of Equalization, S200475, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6646 Shepardize , August 5, 2013, Filed 

CORE TERMS:  fixture, appraisal, economic impact, refinery, petroleum, real property, initial determination, separately, property tax, quasi-legislative ... 

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CORE TERMS:  state law, unfair competition law, federal statutes, business practice, disclosure, borrowing, borrow, repealed, unfair, Savings Act TISA ... 

4. 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 ... 

5. People v. Rogers, S080840, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6332 Shepardize , July 25, 2013, Filed, Rehearing denied by, 08/28/2013 

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

6. People v. Cottone, S194107, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6014 Shepardize , July 22, 2013, Filed 

CORE TERMS:  admissibility, sexual offense, unadjudicated, preliminary fact, com, wrongfulness, propensity, commit, sua, incapacity ... 

7. Today's Fresh Start, Inc. v. Los Angeles County Office of Education, S195852, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 5626 Shepardize , July 11, 2013 Filed 

CORE TERMS:  county board, charter, revocation, charter school, staff, adjudicator, notice, public hearing, superintendent, Constitutional Law ... 

8. Carter v. Sacramento, C066751, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 701 Shepardize , August 3, 2013, Opinion Filed 

CORE TERMS:  indemnity, expenditure, insurer, punitive damages, criminal charges, criminal investigation, indemnify, cross-complaint, attorney fees, quantum meruit .

9. 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 ... 

10. 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 ... 

11. 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 ... 

12. Farmers Ins. Exchange v. Superior Court, B246901, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 579 Shepardize , July 23, 2013, Opinion Filed 

CORE TERMS:  reconsideration, depublication, class certification, depublished, reconsider, precedential, adjuster, exempt, certification, disapproval ... 

13. Mon Chong Loong Trading Corp. v. Superior Court, B240828, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 578 Shepardize , July 23, 2013, Opinion Filed 

CORE TERMS:  expert witness fees, voluntary dismissal, favorable judgment, lawsuit, fails to obtain, writ of mandate, limine, discretionary, supermarket, trigger ... 

14. Coker v. JP Morgan Chase Bank, N.A., D061720, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 573 Shepardize , July 23, 2013, Opinion Filed 

CORE TERMS:  foreclosure, purchase money, deed of trust, short sale, deficiency judgment, lender, mortgage, borrower, nonjudicial foreclosure, real property ... 

15. Williams v. Chino Valley Independent Fire Dist., E055755, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 577 Shepardize, July 23, 2013, Opinion Filed 

CORE TERMS:  attorney fees, prevailing, frivolous, prevailing party, expert witness fees, fee award, groundless, Housing Act, recoverable, federal precedents ... 

16. Federated University Police Officers Assn. v. Superior Court, A136014, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 574 Shepardize , July 23, 2013, Opinion Filed 

CORE TERMS:  disclosure, police officer's, pepper, spray, personnel records, confidential, exemption, peace officers, disciplinary, discipline ... 

17. In re Nickolas T., D-63010, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 571 Shepardize , July 22, 2013, Opinion Filed 

CORE TERMS:  placement, noncustodial parent, custody, detriment, detrimental, juvenile, siblings, removal, physical custody, foster care ... 

18. People v. Mestas, C066730, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 572 Shepardize , July 22, 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 and III. 

CORE TERMS:  offer of proof, evidentiary hearing, sexual history, complaining witness, years old, credibility, molestation, sexual conduct, fair trial, proffered evidence ... 

19. Happy Nails & Spa of Fashion Valley, L.P. v. Su, D060621, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 569 Shepardize , July 19, 2013, Opinion Filed 

CORE TERMS:  nail, cosmetologists, salon's, independent contractors, collateral estoppel, collateral estoppel, prior proceeding, privity, administrative law, actually litigated ... 

20. Natalie D. v. State Dept. of Health Care Services, G047100, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 567 Shepardize , July 18, 2013, Opinion Filed 

CORE TERMS:  therapy, hippotherapy, physical therapy, occupational therapy, medically necessary, therapist, medical necessity, services provided, benefits provided, gym ... 

21. Crews v. Willows Unified School Dist., C066633, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 562 Shepardize , July 17, 2013, Opinion Filed 

CORE TERMS:  frivolous, attorney fees, e-mail, format, withheld, public records, disclosure, pdf, prevailing party, exemption ... 

22. Toho-Towa Co., Ltd. v. Morgan Creek Productions, Inc., B242095, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 544 Shepardize , July 11, 2013, Opinion Filed 

CORE TERMS:  entity, declaration, alter ego, alter ego, judgment debtor, business enterprise, corporate entity, corporate veil, introduce, mistake of law ... 

23. 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 ... 

24. The H.N. & Frances C. Berger Foundation v. Perez, E054948, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 575 Shepardize , June 27, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 23, 2013. 

CORE TERMS:  party beneficiary, beneficiary, demurrer, writ of mandate, mandatory, mandamus, property owner, performance bond, default, contract interpretation ... 

25. Avery v. Integrated Healthcare Holdings, Inc., G046202, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 576 Shepardize , June 27, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 23, 2013. 

CORE TERMS:  arbitration, employee handbook, arbitration agreements, arbitration provision, dispute resolution, arbitrate, compel arbitration, acknowledgment, implied-in-fact, unilateral ... 

26. 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 ... 

27. Abers v. Rohrs, G047034, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 553 Shepardize , June 13, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 15, 2013. 

CORE TERMS:  homeowners, petition to vacate, notice, arbitration award, estoppel, vacate, lease, deadline, mandatory, declaratory relief action ... 

Index of actions without opinion 

1. Teal v. Superior Court, S211708, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6640 Shepardize , July 31, 2013, Opinion Filed 

2. County of Los Angeles v. Alternative Medicinal Cannabis Collective, S204663, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6562 Shepardize , July 31, 2013, Opinion Filed 

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