Litigation

California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, March 6, 2015

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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. Loper, S211840, SUPREME COURT OF CALIFORNIA, 2015 Cal. LEXIS 1215 Shepardize , March 5, 2015, Filed

 

CORE TERMS:  sentence, prisoner, compassionate, secretary, substantial rights, prison, authorize, recommendation, resentence, recalled ...

 

2. Tract 19051 Homeowners Ass'n v. Kemp, S211596, SUPREME COURT OF CALIFORNIA, 2015 Cal. LEXIS 1216 Shepardize , March 5, 2015, Filed

 

CORE TERMS:  attorney fee, common interest development, declaration, CID Act, fee provision, prevailing party, tract, action to enforce, homeowner, fee award ...

 

3. Dubeck v. Cal. Physicians' Serv., B250129, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. LEXIS 203 Shepardize , March 5, 2015, Opinion Filed

 

CORE TERMS:  coverage, breast, right to rescind, rescind, rescission, misrepresentation, cancellation, insurer, premiums, cancel ...

 

4. Pulido v. Pereira, C072284, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. LEXIS 205 Shepardize , March 5, 2015, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** The Reporter of Decisions is directed, pursuant to California Rules of Court, rules 8.1105 and 8.1110, to publish this opinion with the exception of parts II and III of the discussion.

 

CORE TERMS:  easement, prescriptive easement, recreational purposes, property owners, neighboring, predecessors, continuous, own property, cross-complaint, private easements ...

 

5. Nat'l Union Fire Ins. Co. v. Tokio Marine & Nichido Fire Ins. Co., B244899 and B247258, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. LEXIS 206 Shepardize , March 5, 2015, Opinion Filed

 

CORE TERMS:  settlement, duty to defend, indemnitor's, indemnity, delete, indemnity provision, contractual, indemnitee, sentence, tendered ...

 

6. Animal Legal Def. Fund v. Lt Napa, A139625, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. LEXIS 208 Shepardize , March 5, 2015, Opinion Filed

 

CORE TERMS:  foie gras, ban, menu, alcoholic beverage, investigator's, probability, tasting, serving, declaration, prevailing ...

 

7. Gonzalez v. Fire Ins. Exchange, H039368, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. LEXIS 202 Shepardize , February 5, 2015, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 4, 2015.

 

CORE TERMS:  coverage, insured, insurer, duty to defend, sexual, occurrence, summary judgment, cause of action, molestation, teacher ...

 

8. In re Priscilla D., F069317, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. LEXIS 201 Shepardize , February 4, 2015, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 4, 2015.

 

CORE TERMS:  guardianship, juvenile, legal guardianship, terminate, terminated, termination, guardian, custody, reunification services, dependency ...

 

9. People v. Rich, B253180 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1566 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  prison, prison prior, prison term, stalking, sentence, self-representation, extraction, enhancement, prior convictions, convicted ...

 

10. People v. Meza, B250365 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. Unpub. LEXIS 1571 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  gang, enhancement, criminal street gang, murder, firearm, gang activity, deadly weapon, assault, convicted, predicate ...

 

11. People v. Cassano, B252689 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. Unpub. LEXIS 1568 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  prior convictions, garage's, controlled substance, methamphetamine, deputies, possession of methamphetamine, new trial, insufficient evidence, possessed, admitting ...

 

12. Jones v. Alonso, B254133 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. Unpub. LEXIS 1569 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  demurrer, notice of appeal, leave to amend, reconsideration, order sustaining, notice of entry, sustaining, reconsider, appealable, inadvertence ...

 

13. Leads Eng'g Solutions v. Capstone Turbine Corp., B255531 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. Unpub. LEXIS 1567 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  suspended, continuance, lawsuit, revival, certificate, revive, cure, abuse of discretion, notice

 

14. In re E.R., B256229 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. Unpub. LEXIS 1570 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  backpack, knife, reasonable grounds, detention, security guard, excessive noise, principal's office, suppress, legality, seizure ...

 

15. Dzharadzhyan v. Exclusive Motorcars, B252832 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1565 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  locked, switch, kill, ordinary care, shop's, perimeter, separate statement, declaration, garage, box ...

 

16. In re I.H., B257863 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1564 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  sibling, parental rights, termination, juvenile, best interest, caretaker's, sister, terminated, unmonitored, parental ...

 

17. People v. Rackley, D066158 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1563 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  arguable, probation, reversal, suspended, revocation of probation, felony cases, revoked, probation revocation, bodily injury, prison term ...

 

18. In re Georgiana B., B255628 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1572 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  juvenile, continuance, custody, adjudication hearing, mental health, delusional, jurisdictional, paranoid, maternal, pictures ...

 

19. Bartile Roofs v. Emplrs Mut. Cas. Co., B253243 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1573 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  duty to defend, cross-complaint, demurrer, judicial notice, tendered, indemnity, declaration, insured's, insurer, judicially noticed ...

 

20. People v. Russell, C071589 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1574 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  drug program, ability to pay, treatment program, sentence, supervision, custody, orally, probation department, residential, mandatory ...

 

21. In re C.E., C076792 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1575 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  juvenile, restitution, restitution order, commission income, offset, victim restitution, lost wages, auto sales, salesperson, medical expenses ...

 

22. In re C.V., B247949 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1576 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  discovery, deputy, juvenile, good cause, fabrication, confession, misconduct, in camera, vandalism, personnel ...

 

23. People v. Ortiz, B249930 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1577 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  message, dollar, penalty assessments, methamphetamine, surcharge, grams of methamphetamine, phone, circumstantial evidence, possession of methamphetamine, narcotic ...

 

24. In re K.C., B254770 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1578 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  juvenile, parental rights, emotional, counseling, daughter, reunification services, grandparents, well-being, detriment, reunification plan ...

 

25. Gutierres v. Balch Petroleum Builders & Contrs., F067024 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1586 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  deposition, carbon monoxide, declaration, backhoe's, expert witness, exposure, discovery, air, concentration, feet ...

 

26. People v. Hernandez, F067434 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1583 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  robbery, carjacking, truck, peace officer, immediate presence, accomplished, perpetrator, resisting, motor vehicle, means of force ...

 

27. In re Randy D., B257856 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1580 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  sexual abuse, juvenile, sexually abused, referral, sibling, social worker, substantial risk, dependency, sexual, dependency jurisdiction ...

 

28. People v. Park, B251289 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1582 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  juror, upper term, shot, firearm, mitigating circumstances, aggravating circumstances, voluntary manslaughter, juror misconduct, presentence custody credit, self-defense ...

 

29. People v. Vinson, B247084 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1584 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  juror, gang, prosecutor, tattoo, gangster, misconduct, live lineup, asleep, killer, killed ...

 

30. People v. Flores, B250021 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1585 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  enhancement, gang, felony, sentence, bodily injury, parole, modified, sentencing, punished, violent ...

 

31. People v. Castillo, B253791 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1581 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  van, firearm, marijuana, prior conviction, controlled substance, convicted, methamphetamine, enhancement, verdict form, abstract of judgment ...

 

32. People v. Garcia, H040096 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1579 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  probation, supervision, ability to pay, forfeiture, booking, gang, probation officer, carrying, handgun, loaded ...

 

33. Paregien v. Perez, F067517 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1591 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  decedent's, methamphetamine, truck, life expectancy, excessive, wrongful death, video, pedestrian, crosswalk, intoxication ...

 

34. People v. Figura, F068142 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1589 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  parole, parole violations, discharged, custody, parole agent, good cause, absconding, moot, log, parole hearing ...

 

35. City of Ridgrest v. Howard, F068679 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1588 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  nuisance, preliminary injunction, prevailing party, injunction, attorney fees, abate, notice, appointment of a receiver, receiver, public nuisance ...

 

36. People v. Gonzalez, B246141 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1590 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  carjacking, withdrawal, gang, murder, gun, shooting, window, deputies, screen, probable consequences ...

 

37. People v. Hernandez, B254063 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1587 Shepardize , March 5, 2015, Opinion Filed,  Decision text below is the first available text from the court; it has not been editorially reviewed by LexisNexis. Publisher's editorial review, including Headnotes, Case Summary, Shepard's analysis or any amendments will be added in accordance with LexisNexis editorial guidelines.

 

CORE TERMS:  immigration consequences, vacate, advise, guilty plea, plea bargain, assistance of counsel, nonstatutory, probation, pled guilty, defense counsel ...

 

Index of actions without opinion

 

1. In re G.Y., H040722, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. LEXIS 207 Shepardize , March 5, 2015, Opinion Filed

 

2. Ruelas v. Superior Court, H039848, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. LEXIS 204 Shepardize , February 20, 2015, Opinion Filed

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