Not a Lexis+ subscriber? Try it out for free.

Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Friday, August 17, 2012

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. Pinnacle Museum Tower Ass'n v. Pinnacle Mkt. Dev. Us, S186149, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7665 Shepardize , August 16, 2012, Filed

CORE TERMS: declaration, developer, covenant, arbitration, recorded, homeowner, arbitration clause, enforceable, equitable servitudes, unconscionability ...

2. People v. Caballero, S190647, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7664 Shepardize , August 16, 2012, Filed

CORE TERMS: parole, sentence, nonhomicide, juvenile, juvenile offender, homicide, offender's, murder, sentencing, possibility of parole ...

3. People v. Runyan, S187804, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6496 Shepardize , July 16, 2012, Filed

OVERVIEW: Trial court lacked authority to make a restitution award to a deceased victim's estate under Cal. Const., art. I, § 28, and Pen. Code, § 1202.4, because the victim, instantly killed by a drunk driver, did not personally incur economic losses prior to death and the estate was not a direct victim of the crime as required by § 1202.4, subd. (k)(2).

CORE TERMS: restitution, decedent, economic loss, personally, personal representative--, deceased, crime victim, mandatory, died, "direct victim ...

4. People v. Favor, S189317, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6495 Shepardize , July 16, 2012, Filed

OVERVIEW: In a case in which defendant was convicted of two counts of robbery (target offenses), as an aider and abettor, and two counts of attempted murder (nontarget offense), the jury did not need to be instructed that a premeditated attempt to murder must have been a natural and probable consequence of the target offense.

CORE TERMS: attempted murder, probable consequence, aider and abettor, premeditation, premeditated, robbery, murder, perpetrator, premeditated murder, reasonably foreseeable ...

5. People v. Bailey, S187020, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6363 Shepardize , July 12, 2012, Filed, Reported at People v. Bailey (Robin), 2012 Cal. LEXIS 7290 Shepardize (Cal., July 12, 2012)

OVERVIEW: Jury, by finding defendant guilty of escape under Pen. Code, § 4530, subd. (b), did not impliedly find all the elements of the attempt offense. Thus, the appellate court, which reversed defendant's conviction due to insufficient evidence of a completed escape, correctly determined it could not modify the escape conviction to an attempt to escape.

CORE TERMS: attempt to escape, prisoner, prison, fence, lesser, assault, specific intent, cell, accusatory pleading, instruct ...

6. People v. Lightsey, S048440, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6361 Shepardize , July 9, 2012, Filed, Reported at People v. Lightsey (Christopher Charles), 2012 Cal. LEXIS 6854 Shepardize (Cal., July 9, 2012)

OVERVIEW: A trial court committed reversible error because it permitted defendant to represent himself during proceedings to determine whether he was mentally competent to stand trial, and because the appointment of advisory counsel for the competency proceedings did not satisfy the statutory requirement of Pen. Code, § 1368.

CORE TERMS: competency proceedings, competency hearing, prosecutor's, retrospective, murder, incompetent, competence, new trial, stand trial, mental competence ...

7. In re Ethan C., S187587, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6358 Shepardize , July 5, 2012, Filed, Reported at In re Ethan C., 2012 Cal. LEXIS 6875 Shepardize (Cal., July 5, 2012)

OVERVIEW: Because a father's failure to secure his infant daughter in a child safety seat was a breach of ordinary care that resulted in her death in a motor vehicle accident, dependency findings as to his surviving children were proper under Welf. & Inst. Code, § 300, subd. (f), which did not require proof of criminal negligence to establish neglect.

CORE TERMS: guardian, neglect", dependency, juvenile, seat, reunification services, custody, criminal negligence, reunification, neglected ...

8. State Building & Construction Trades Council of California v. City of Vista, S173586, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 6166 Shepardize, July 2, 2012, Filed, Reported at State Building & Construction Trades Council of California, AFL-CIO v. City of Vista, 2012 Cal. LEXIS 6836 Shepardize (Cal., July 2, 2012)

OVERVIEW: Because no statewide concern was presented justifying the State's regulation of wages that charter cities required their contractors to pay to workers hired to construct locally funded public works, a court properly denied a labor federation's petition for a writ of mandate to compel a charter city's compliance with the state's prevailing wage law.

CORE TERMS: charter, prevailing, wage law, statewide concern, municipal affairs, state law, public works, municipal, prevailing wage, contractor's ...

9. Hansen v. Bd. of Registered Nursing, D060622, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 885 Shepardize , August 16, 2012, Opinion Filed

CORE TERMS: license, reconsideration, licensee, accusation, good cause, revocation, deadline, notice, certified mail, discovery rule ...

10. Shuts v. Covenant Holdco LLC, A132805, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 879 Shepardize , August 15, 2012, 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 III.C.

OVERVIEW: Whether or not the staffing requirement in Health & Saf. Code, § 1276.5, subd. (a), created a private right of action, Health & Saf. Code, § 1430, subd. (b), gave nursing home residents a private right of action for violations of the rights enumerated in Health & Saf. Code, § 1599.1, subd. (a), which included adequate staffing levels.

CORE TERMS: nursing, skilled, resident's, patient, staffing, cause of action, right of action, abstention, demurrer, equitable ...

11. Vieira Enters. v. City of E. Palo Alto, A132754, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 882 Shepardize , August 15, 2012, Opinion Filed

CORE TERMS: manufactured, fixture, mobilehome, notice, real property, installation, common law, modular, mechanic's liens, installed ...

12. People v. Coleman, A133226, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 878 Shepardize , August 1, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 15, 2012.

OVERVIEW: Substantial evidence supported a finding that the administration of antipsychotic medication pursuant to Pen. Code, § 1370, was substantially likely to render defendant competent to stand trial. The record established a sufficient nexus between the medications and the specific barriers to competence identified by a court-appointed psychologist.

CORE TERMS: medication, antipsychotic medication, involuntary, stand trial, competence, competency, side effects, patient, antipsychotic, symptoms ...

13. Nemecek & Cole v. Horn, B233274, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 880 Shepardize , July 23, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 15, 2012.

OVERVIEW: Arbitrator's business relationships and professional history required no additional disclosures under Code Civ. Proc., § 1281.9, subds. (a)-(b), because undisclosed matters, which included serving on a bar association committee with a witness and on a board with another witness, were not substantial enough to create an impression of possible bias.

CORE TERMS: arbitrator, arbitration, attorney's fees, disclosure, neutral arbitrator, arbitration award, attorney fees, disclose, legal malpractice, std ...

14. In re C.W., A132159, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 884 Shepardize , July 18, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 15, 2012.

CORE TERMS: juvenile, eligibility, suitability, deferred, eligible, notice, prosecuting attorney, prosecutor, box, public defender ...

15. Allgoewer v. City of Tracy, C067636, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 782 Shepardize , July 5, 2012, Opinion Filed

OVERVIEW: In a case in which plaintiff alleged that two police officers used excessive force in arresting him, the jury did not need expert testimony to decide whether the officers used excessive force on plaintiff. The trial court prejudicially erred in concluding that expert testimony on the issue of reasonable force was required.

CORE TERMS: expert testimony, nonsuit, excessive force, arrest, reasonableness, taser, police officers, qualified immunity, use of force, expert testimony ...

16. People v. Cruz, F062189, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 778 Shepardize , July 3, 2012, Opinion Filed

OVERVIEW: Because the distinction drawn by Pen. Code, § 1170, subd. (h)(6), between felony offenders sentenced before, and those sentenced on or after, October 1, 2011, did not violate equal protection, defendant's existing state prison sentence was lawful, and he was not entitled to a remand for resentencing to a county jail under § 1170, subd. (h)(6).

CORE TERMS: sentence, sentenced, classification, parole, community-based, sentencing, offender, county jail, supervision, public safety" ...

17. 420 Caregivers, LLC v. City of Los Angeles, B230436, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 780 Shepardize , July 3, 2012, Opinion Filed, As modified July 19, 2012., Modified by 420 Caregivers v. City of L.A., 2012 Cal. App. LEXIS 824 Shepardize (Cal. App. 2d Dist., July 19, 2012)

OVERVIEW: Because the city reasonably could have found past registration to be a valid predictor of future law-abiding behavior, L.A. Mun. Code, § 45.19.6 et seq., requiring unregistered medical marijuana collectives to cease operation, did not violate equal protection under U.S. Const., 14th Shepardize Amend., and Cal. Const., art. I, § 7, subd. (a).

CORE TERMS: ordinance, marijuana, patient, privacy, caregiver, classification, preemption, dispensary, register, state law ...

18. County of Los Angeles v. Alternative Medicinal Cannabis Collective, B233419, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 772 Shepardize , July 2, 2012, Opinion Filed

OVERVIEW: A county's complete ban on all medical marijuana dispensaries, including collectives and cooperatives authorized under Health & Saf. Code, § 11362.775, was preempted because it conflicted with California's medical marijuana laws.

CORE TERMS: marijuana, dispensary, ban, cooperative, nuisance, establishment, state law, ordinance, patient, general law ...

19. B.F. v. Superior Court, B238857, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 773 Shepardize , July 2, 2012, Opinion Filed

OVERVIEW: A superior court erred in declining to consider a request for findings made by three minors seeking special immigrant juvenile status because the superior court sitting as a probate court had the authority and duty to make findings within the meaning of 8 U.S.C. § 1101 Shepardize (a)(27)(J) and 8 C.F.R. § 204.11. Shepardize

CORE TERMS: juvenile, immigrant, alien, probate, custody, sitting, foster care, long-term, eligible, guardian ...

20. People v. Baker-Riley, No. B233733, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 775 Shepardize , July 2, 2012, Opinion Filed

OVERVIEW: Sufficient evidence supported defendant's Pen. Code, §§ 187, subd. (a), 189, murder conviction based on provocative act murder doctrine because, far beyond committing simple armed robbery, he taunted, terrorized, and toyed with victims for extended period of time. His demeanor suggested peculiar instability and a propensity for gratuitous violence.

CORE TERMS: provocative, murder, gun, robbery, accomplice's, kill, fucking, underlying crime, killing, armed robbery ...

21. SCC Acquisitions, Inc. v. Central Pacific Bank, G044955, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 799 Shepardize , June 25, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 11, 2012.

OVERVIEW: In a fraud suit brought against a bank by guarantors of a mortgage loan, the trial court did not err in instructing the jury, pursuant to two special instructions, that an internal bank memorandum did not create a duty to disclose a decision not to extend the loan and that a document about restructuring did not obligate the bank to extend the loan.

CORE TERMS: sheet, maturity date, renew, duty to disclose, special instruction, suppressed, concealed, disclose, borrower, misrepresentation ...

22. LaChance v. Valverde, G045332, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 788 Shepardize , June 18, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 6, 2012.

OVERVIEW: Trial court erred in ordering the DMV to issue a restricted driver's license pursuant to Veh. Code, § 13352, subd. (a)(3), to a driver convicted of DUI where the unambiguous language of § 13352, subd. (a)(3), did not give her right to obtain a restricted driver's license under that statute, as her prior DUI offense had not resulted in a conviction.

CORE TERMS: driver's license, suspension, convicted, suspended, offender, driver, license suspension, driving, motor vehicle, installation ...

23. Skov v. U.S. Bank National Assn., H036483, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 779 Shepardize , June 8, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Under California Rules of Court, rules 8.1105(c), 8.1100, and 8.1120, only the Introduction, sections I., II.A., D., and III. are certified for publication. The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 3, 2012.

OVERVIEW: Because there was a factual issue as to whether a bank complied with Civ. Code, § 2923.5, prior to the filing of a notice of default, the trial court erred in sustaining the bank's demurrer to a borrower's second amended complaint in which she alleged improprieties in the nonjudicial foreclosure process involving her residence.

CORE TERMS: borrower, foreclosure, national banks, lender, notice of default, mortgage, financial situation, lending, deed of trust, beneficiary ...

24. City of Chula Vista v. Gutierrez, D059364, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 777 Shepardize , June 4, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 2, 2012.

OVERVIEW: The trial court did not abuse its discretion in refusing to make a lender responsible for a court-appointed receiver's fees and costs, where it could not be discerned from the record what, if any, monetary benefit the receiver's services conferred directly on the lender.

CORE TERMS: receiver, receivership, notice, substandard, lender, tenant, legislative intent, appointment, services performed, unjustly enriched ...

Index of actions without opinion

1. In re C.W., A132159, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 883 Shepardize , August 15, 2012, Opinion Filed

© 2012 LexisNexis, Division of Reed Elsevier Inc. Terms and Conditions 

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