California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, December 5, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, December 5, 2013

The Shepard's Link(TM) feature has created hyperlinks to www.lexis.com

 

Find a LexisNexis Sales Representative Browse Legal Bookstore Search Court Records Feedback 

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. Valdez v. Workers' Comp. Appeals Bd., S204387, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 8902 Shepardize ; 78 Cal. Comp. Cases 1209, November 14, 2013, Filed 

CORE TERMS:  doctor, workers' compensation, medical reports, medical evaluation, appeals board, network, own expense, diagnosis, privately, admissibility ... 

2. Avidity v. State, C070255, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 970 Shepardize , December 4, 2013, Opinion Filed

CORE TERMS:  harvest, feet, environmental, regional, timber, referee's, water boards, fish, per year, covenant of good faith ... 

3. People v. Lowe, D059007, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 969 Shepardize , December 4, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rule 8.1110(b), this opinion is certified for publication with the exception of part II. 

CORE TERMS:  deleted, arrestee's, privacy, buccal, swab 

4. Horne v. International Union of Painters & Allied Trades, A135470, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 967 Shepardize , December 3, 2013, Opinion Filed 

CORE TERMS:  prima facie case, hire, after-acquired, summary judgment, qualification, disqualification, organizer, restored, discriminatory, firearm ... 

5. Adams v. MHC Colony Park, F062160, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 966 Shepardize , December 3, 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 sections I, II, IV, V.B, V.C, V.D. V.E, and VI of the Discussion. 

CORE TERMS:  public nuisance, recreational vehicles, nuisance, rent, failures to maintain, space, resident, instructional error, special verdicts, private nuisance ... 

6. People v. Mendez, H038616, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 968 Shepardize , December 3, 2013, Opinion Filed 

CORE TERMS:  probation, probationer's, probation condition, reason to know, constructive knowledge, modified, probation officer, actual knowledge', narcotics, weapon ... 

7. In re Marriage of Burwell, F064265, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 941 Shepardize , November 21, 2013, Opinion Filed,  Modification of opinion (221 Cal.App.4th 1 Shepardize ; ___ Cal.Rptr.3d ___), upon denial of rehearing.

 CORE TERMS:  premium, community property, substantial evidence, sentence, renewal, suicide clause, separate estate, commingled, cap, premium payment ... 

8. In re Luke H., C071016, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 965 Shepardize , November 5, 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 IV of the discussion.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published December 3, 2013. 

CORE TERMS:  juvenile, sibling, visitation, nondependent, modification, dependent child, visitation order, constitutional right, emotional damage, contested ... 

9. People v. Montrose, F064261, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 867 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  probation, sentence, realignment, suspended, sentenced, prison, county jail, sentencing, prison term, state prison ... 

10. Kern, Inyo & Mono Counties Plumbing, etc. v. California Apprenticeship Council, A136680, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 871 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  apprenticeship, audit, existing program, "deficient", new program, apprentice, training, audit report, writ of mandate, graduation ... 

11. Young v. Horizon West, Inc., H038736, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 858 Shepardize , October 28, 2013, Opinion Filed 

CORE TERMS:  arbitration, daughter, arbitration agreement, patient's, health care, ostensible, "convinced", equitable, insurers, ostensible authority ... 

12. Fowler v. M&C Assn. Management Services, Inc., A137462, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 859 Shepardize , October 28, 2013, Opinion Filed 

CORE TERMS:  transfer fees, managing agent, vendor, common interest development, homeowners, notice, recording, charging, recorded, processing ... 

13. People v. Accredited Surety & Casualty Co., Inc., A136872, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 860 Shepardize , October 28, 2013, Opinion Filed 

CORE TERMS:  surety, notice, forfeiture, summary judgment, bail, appearance, void, bail bond, vacate, challenging ... 

14. In re Marriage of Davis, A136858, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 855 Shepardize , October 25, 2013, Opinion Filed 

CORE TERMS:  date of separation, marriage, spouse, marital, dissolution, couple, divorce, household, family home, physically ... 

15. In re Brianna M., B245203, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 852 Shepardize , October 24, 2013, Opinion Filed 

CORE TERMS:  paternity, "presumed father", declaration, biological father, biological, natural father, dependency, presumed, dependency proceedings, juvenile ... 

16. Garcia v. Bellflower Unified School Dist. Governing Bd., B247320, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 853 Shepardize , October 24, 2013, Opinion Filed 

CORE TERMS:  prevailing party, public records, fee award, responsive, attorney fees, lawsuit, disclosure, withholding, catalyst, primary relief ... 

17. People v. Douglas M., A136993, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 854 Shepardize , October 24, 2013, Opinion Filed 

CORE TERMS:  probation, sex offender, probationers, retroactively, probation officer, revised, modified, formal probation, probation conditions, constitutional questions ...

 18. People v. Wortham, A138769, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 850 Shepardize , October 24, 2013, Opinion Filed 

CORE TERMS:  Reform Act, eligibility, sentence, resentencing, inmate's, substantial rights, appealable, eligible, violent felony, commitment offense ... 

19. Castellon v. U.S. Bancorp, B245651, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 848 Shepardize , October 23, 2013, Opinion Filed

 CORE TERMS:  fault, cause of action, personally, premises liability, summary judgment, kitchen, intentionally, negligently, lighting", stairs ... 

20. Leyte-Vidal v. Semel, H037762, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 849 Shepardize , October 23, 2013, Opinion Filed 

CORE TERMS:  shareholder, derivative action, business judgment, futility, selling, fiduciary duties, insider, stockholder, particularity, fiduciary ... 

21. All Towing Services LLC v. City of Orange, G047336, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 846 Shepardize , October 22, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rule 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part IIB.1. 

CORE TERMS:  towing, campaign contributions, conflict of interest, cause of action, summary judgment, common law, council member, fuel, "financial interest, mandamus ... 

22. San Diego Assemblers, Inc. v. Work Comp for Less Ins. Services, Inc., D062406, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 873 Shepardize , October 4, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  broker, coverage, procure, insurer, subrogation, contractor, restaurant, insured's, superior equities, declaration ... 

23. Farmers Ins. Exchange v. Superior Court, B248324, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 864 Shepardize , October 1, 2013, Opinion Filed,  As modified Oct. 1, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  insured, coverage, motor vehicle, negligent supervision, homeowners insurance policy, truck, summary adjudication, homeowners policy, independently, 'occurrence ... 

Index of actions without opinion 

No new actions since last update. 

© 2013 LexisNexis, Division of Reed Elsevier Inc. Terms and Conditions 

For more information about LexisNexis products and solutions, connect with us through our corporate site.