Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Friday, September 28, 2012

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  • Index of new California opinions
  • Index of actions without opinion

Index of new California opinions:

1. In re Reno, S124660, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 8295 Shepardize , August 30, 2012, Filed, Reported at Reno on H.C., 2012 Cal. LEXIS 8823 Shepardize (Cal., Aug. 30, 2012)

OVERVIEW: A 500-page second habeas corpus petition (Pen. Code, § 1474) in a death penalty case was denied without reaching the merits of most claims because it exemplified abusive writ practices. The court established new ground rules for the future, including a limit of 50 pages (or 14,000 words) and a requirement to disclose previously rejected claims.

CORE TERMS: habeas corpus, ineffective, successive, cumulative, exhaustion, capital cases, presentation, abusive, untimely, traverse ...

2. In re Coley, S185303, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 8296 Shepardize , August 30, 2012, Filed, Reported at Willie (Clifford) on H.C., 2012 Cal. LEXIS 8791 Shepardize (Cal., Aug. 30, 2012)

OVERVIEW: Imposition of 25-year-to-life sentence on defendant convicted of failing to comply with sex offender registration statutes was not cruel and unusual punishment, as his conduct showed he was still intentionally unwilling to comply with important legal obligation, despite significant punishment he had incurred as result of his prior serious offenses.

CORE TERMS: sentence, registration, sex offender registration, register, felony, unusual punishments, cruel, sentencing, registered, triggering ...

3. People v. Johnson, D059511, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1018 Shepardize , September 27, 2012, Opinion Filed

CORE TERMS: audit, group home, theft, public moneys, misappropriation, dss, public funds, identifying information, provider, grand jury ...

4. Cal. Ass'n of Sanitation Agencies v. State Water Res. Control Bd., A127207, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 1019 Shepardize , September 27, 2012, Opinion Filed

CORE TERMS: beneficial uses, evidentiary support, continuum, tributary, modified, sentence

5. Phillips v. Sprint PCS, A134371, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1014 Shepardize , September 26, 2012, Opinion Filed

CORE TERMS: arbitration, compel arbitration, class action, arbitration provision, res judicata, renewed, reconsider, order compelling arbitration, appealable, renewal ...

6. Lee v. Board of Registered Nursing, A132197, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 1016 Shepardize , September 26, 2012, Opinion Filed

CORE TERMS: licentiate's, license, revocation, accusation, licensing agency, profession, registered nurse, discipline, certificate, safely ...

7. Spaccia v. Superior Court, B239472, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 955 Shepardize , September 6, 2012, Opinion Filed, As modified Sept. 25, 2012., Modified by Spaccia v. Superior Court, 2012 Cal. App. LEXIS 1010 Shepardize (Cal. App. 2d Dist., Sept. 25, 2012)

OVERVIEW: Trial court properly denied petitioner's motion to recuse county district attorney's office from representing the People in a criminal prosecution against her because she failed to establish a conflict of interest mandating recusal of entire district attorney's office; her arguments for a likelihood of unfairness were nothing more than speculation.

CORE TERMS: district attorney, recusal, evidentiary hearing, attorney's office, prosecutor's, disqualification, conflict of interest, recuse, declaration, disqualify ...

8. People v. Mendez, H037967, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 953 Shepardize , September 5, 2012, Opinion Filed

OVERVIEW: Since an order denying defendant's motion for modification of the amount of a restitution fine was not appealable, defendant's appeal from the order was subject to dismissal.

CORE TERMS: appealable, restitution fine, sentence, modification, criminal cases, negotiated disposition, substantial rights, contest, notice of appeal

9. Bell v. H.F. Cox, Inc., B229982, B233136, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 951 Shepardize , September 5, 2012, Opinion Filed

OVERVIEW: Summary adjudication was improper as to former employees' claim of failure to pay vacation benefits due upon termination of employment where a triable issue of fact existed as to ERISA preemption; fact that corrected forms were created by employer and filed with IRS only after filing of employees' complaint supported inference that they were false.

CORE TERMS: vacation benefits, driver, interstate, failure to pay, vacation time, summary adjudication, carrier, meal, exemption, benefit plans ...

10. In re S.M., D060733, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 952 Shepardize , September 5, 2012, Opinion Filed

OVERVIEW: The juvenile court, which ordered a parent to pay for the cost of legal services incurred by the parent and her child in a dependency proceeding, improperly considered SSI benefits in determining the parent's ability to pay for such legal services under Welf. & Inst. Code, § 903.45, subd. (b).

CORE TERMS: juvenile, ability to pay, legal services, social security, reimbursement, dependency proceeding, disability, retirement, disabled, child support ...

11. County of Sacramento v. Superior Court, C069483, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1017 Shepardize , September 4, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published September 26, 2012.

CORE TERMS: immunity, conservatee's, conservator's, real parties, detainee, placement, decedent, summary judgment, patient, care facility ...

12. Halajian v. D & B Towing, F063071, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 949 Shepardize , September 4, 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 parts I., II., III. and IV.C. of the Discussion.

OVERVIEW: In a case in which plaintiff sued a towing company for wrongfully withholding his light truck for 38 days and requiring him to pay $1,385 before releasing the truck, plaintiff's constitutional right to travel provided no basis for concluding the towing company's withholding of the truck was "wrongful" for purposes of the tort of conversion.

CORE TERMS: truck, towing, right to travel, driver's license, highway, "motor vehicle", driver, travel, seizure, demurrer ...

13. Reyes v. Liberman Broadcasting, Inc., B235211, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 945 Shepardize , August 31, 2012, Opinion Filed

OVERVIEW: Employer did not waive its right to arbitrate under Code Civ. Proc., § 1281.2, subd. (a), by not moving to compel arbitration of wage and hour claims until a United States Supreme Court decision overruled California case law invalidating class action waivers. Moving to compel earlier would have put the employer at risk of a class arbitration order.

CORE TERMS: arbitration, arbitration agreement, compel arbitration, discovery, class action, arbitrate, right to arbitrate, inconsistently, opposing, mediation ...

14. Plotnik v. Meihaus, G045885, G046260, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 944 Shepardize , August 31, 2012, Opinion Filed

OVERVIEW: The emotional distress damages that dog owners recovered for trespass to personal property arising from their neighbor's act of intentionally striking their dog with a bat were proper because California law allowed a pet owner to recover for mental suffering caused by another's intentional act that injured or killed his or her animal.

CORE TERMS: emotional distress, infliction, cause of action, trespass, fence, dog, assault, personal property, emotional distress, pet ...

15. Burnham v. Public Employees' Retirement System, C067715, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 942 Shepardize , August 31, 2012, Opinion Filed

OVERVIEW: Although a declaration of domestic partnership had been completed in accordance with Fam. Code, § 298, no domestic partnership was formed where one person died before the other filed the declaration because the plain language of Fam. Code, § 297, required that both people entering into a domestic partnership be alive when the declaration was filed.

CORE TERMS: domestic, partnership, declaration, marriage, partner's, putative spouse, clerk, equal protection, notarized, license ...

16. JCC Development Corp. v. Levy, B231920, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 946 Shepardize , August 31, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of Discussion parts I.C. and II.

OVERVIEW: Because a default interest rate provision in a promissory note was part of an acceleration clause that was not triggered before maturity, the lender could not collect interest at the default rate after the note matured. The default interest language appeared in the same paragraph as the acceleration clause and did not relate to other circumstances.

CORE TERMS: default, promissory note, matured, interest rate, acceleration clause, attorney fees, payoff, real property, owed, accelerate ...

 

17. California Assn. of Sanitation Agencies v. State Water Resources Control Bd., A127207, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 939 Shepardize , August 30, 2012, Opinion Filed

OVERVIEW: Interpretation of Wat. Code, § 13248, by the State Water Resources Control Board and a regional water quality control board was consistent with the appellate court's conclusion that mandamus will lie where a discharger is not satisfied with a determination by either board not to amend a basin plan.

CORE TERMS: regional boards, basin, water quality, beneficial uses, tributary, state board, creek's, municipalities, designation, designated ...

18. Holland v. Assessment Appeals Bd. No. 1, B229656, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 935 Shepardize , August 30, 2012, Opinion Filed

OVERVIEW: Pursuant to former Rev. & Tax. Code, § 62.1, subd. (c) (recodified as § 62.1, subd. (b), an assessor calculating a pro rata amount had to multiply a mobilehome park's total real property by a fraction consisting of the number of membership shares being sold divided by the total number of shares in the nonprofit corporation that owned the park.

CORE TERMS: real property, assessor, mobilehome, ownership, mobilehome parks, membership, "pro rata", nonprofit, market value, former subd ...

19. Villari v. Mozilo, B231432, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 936 Shepardize , August 30, 2012, Opinion Filed

OVERVIEW: Fraud exception to Delaware's continuous ownership rule, requiring a showing that a merger was fraudulent and done merely to eliminate derivative claims, did not apply where the alleged fraud and breach of fiduciary duty prior to the merger impaired the corporation's financial condition to such an extent that a merger became a practical necessity.

CORE TERMS: merger, shareholder's, derivative, derivative action, ownership, continuous, double, fraud exception, standing to maintain, stockholder ...

20. Fluor Corp. v. Superior Court, G045579, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 937 Shepardize , August 30, 2012, Opinion Filed

OVERVIEW: Ins. Code, § 520, which was enacted in 1872, had no bearing as a "clear" or "controlling" legislative expression on the assignability of liability insurance because liability insurance did not exist in 1872.

CORE TERMS: insurer's, insured, coverage, liability insurance, consent-to-assignment, insurance policies, indemnity, liability policy, "occurrence", summary adjudication ...

21. Pacific Bell Telephone Co. v. Southern California Edison Co., B230470, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 940 Shepardize , August 30, 2012, Opinion Filed, As modified Sept. 13, 2012., Modified by Pacific Bell Telephone Co. v. Southern California Edison Co., 2012 Cal. App. LEXIS 978 Shepardize (Cal. App. 2d Dist., Sept. 13, 2012)

OVERVIEW: Ruling that an electric utility was liable to telephone utility for just compensation on telephone utility's inverse condemnation claim was proper because fact that electric utility was privately-owned public utility did not foreclose telephone utility's right to just compensation under inverse condemnation for damage, interest, and attorney fees.

CORE TERMS: inverse condemnation liability, flood control, reasonableness, public utility's, public improvement, damaged, franchise, inverse condemnation, privately owned, public utility ...

22. In re D.G., B235755, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 943 Shepardize , August 30, 2012, Opinion Filed

OVERVIEW: A juvenile court properly found jurisdiction over a mother's two daughters under Welf. & Inst. Code, § 300, because the father's repeated acts of offering the mother's older daughter money and a car for oral sex was conduct that evidenced his abnormal sexual motivation and would irritate a normal child and invade her privacy and security.

CORE TERMS: juvenile, sex, sexually abused, sexual abuse, oral sex, substantial risk, sibling, solicitation, dependency, sexually ...

23. Edwards v. Gillis, E053542, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 927 Shepardize , August 29, 2012, Opinion Filed

OVERVIEW: Trustor's daughter failed to show trustee unreasonably delayed distribution of trust assets where trustee had no personal, financial interest in the assets, and thus did not stand to gain by delaying distribution, and daughter lacked standing to challenge trust amendments because, even if invalidated, she would not have stood to inherit from trust.

CORE TERMS: beneficiary, executor, unreasonable delay, preliminary distribution, unreasonably delayed, distributed, trustor, died, decedent, contingent beneficiary ... 

24. Muldrow v. Surrex Solutions Corp., D057955 & D058958, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 931 Shepardize , August 29, 2012, Opinion Filed

OVERVIEW: Employment recruiters who were paid a percentage of adjusted gross profit were exempt from the statutory overtime compensation requirement of Lab. Code, § 510, subd. (a), under the commissioned employees exemption in Cal. Code. Regs., tit. 8, § 11070, subd. (3)(D), because they sold a service and received payments sufficiently related to its price.

CORE TERMS: exemption, commissioned, meal, candidate's, overtime, manager, consultant, class members', consulting services, 'selling ...

25. People v. Schaefer, A131539, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 932 Shepardize , August 29, 2012, Opinion Filed

OVERVIEW: In a case in which defendant died while his appeal was pending and the appellate court granted defense counsel's unopposed request to abate all proceedings with respect to defendant that were then pending below, the trial court was required to abate all proceedings, including a victim restitution order, in accordance with the abatement order.

CORE TERMS: restitution order, abate, abatement, abated, pending appeal, fine, victim restitution, abatement order, defense counsel's, restitution ...

26. Take Me Home Rescue v. Luri, B229486, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 929 Shepardize , August 29, 2012, Opinion Filed, As modified Sept. 14, 2012., Modification order at Take Me Home Rescue v. Luri, 2012 Cal. App. LEXIS 980 Shepardize (Cal. App. 2d Dist., Sept. 14, 2012)

OVERVIEW: Trial court did not err in issuing preliminary injunction requiring foster caregiver to return rescue dog because caregiver failed to have dog spayed, as required by Food & Agr. Code, § 30503. Rescue organization had a reasonable likelihood of success on the merits of its breach of contract claim. Balancing of harms favored organization.

CORE TERMS: dog, spayed, injunction, foster care, animal, spaying, spay, preliminary injunction, shelter, parol evidence rule ...

27. People v. Ortiz, D058348, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 930 Shepardize , August 29, 2012, Opinion Filed

OVERVIEW: There was substantial evidence to support defendants' convictions for kidnapping during a carjacking because undisputed evidence showed that defendants quickly jumped out of their vehicle, pushed the victims back into the victims' vehicle, and drove that vehicle away with the victims held captive inside.

CORE TERMS: carjacking, kidnapping, firearm, lesser, sentencing, simple kidnapping, instruct, juror, unanimity, discrete ...

28. People v. McCoy, C067498, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 928 Shepardize , August 29, 2012, Opinion Filed, As modified Sept. 24, 2012., 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 I. of the Discussion., Modified by People v. McCoy, 2012 Cal. App. LEXIS 1004 Shepardize (Cal. App. 3d Dist., Sept. 24, 2012)

OVERVIEW: A trial court did not err in imposing a consecutive sentence on defendant's conviction for violation of a protective order because, in the absence of some circumstance foreclosing its sentencing discretion, the court could base its decision under Pen. Code, § 654, on any of the facts that were in evidence at trial, without regard to the verdicts.

CORE TERMS: sentence, arrival, apartment, deputies, sentencing, burglary, multiple punishment, factual basis, protective order, arrived ...

29. General Mills, Inc. v. Franchise Tax Bd., A131477, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 933 Shepardize , August 29, 2012, Opinion Filed

OVERVIEW: Imposition of an alternate formula under Rev. & Tax. Code, § 25137, was proper because the taxpayers' hedging activity in agricultural commodity futures, although integral to a food business, was both qualitatively different from other sales and substantially distorted the percentage of income of the unitary business apportioned to California.

CORE TERMS: gross receipts, formula, hedging, trading, business activity, commodity, alternate, apportionment, quantitative, distortion ...

30. Cutler v. Franchise Tax Bd., B233773, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 924 Shepardize , August 28, 2012, Opinion Filed

OVERVIEW: When challenged by a taxpayer who sought to defer capital gains on stock in a small business, the California property and payroll requirement in Rev. & Tax. Code, § 18152.5, subd. (e), could not stand because it violated the commerce clause, U.S. Const., art. I, § 8, cl. 3, by discriminating on its face against interstate commerce.

CORE TERMS: stock, interstate commerce, commerce clause, small business, payroll, deferral, discriminate, discriminatory, out-of-state, taxation ...

31. County of Los Angeles Dept. of Regional Planning v. Superior Court, B241342, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 923 Shepardize , August 28, 2012, Opinion Filed

OVERVIEW: Trial court lacked the authority to appoint county agency employees to be experts for registered sex offenders on active parole in the county over the agency's objection because the agency had the right to assign work to its employees as it saw fit without interference by private parties or the court through the use of its power to appoint experts.

CORE TERMS: appointment, real parties in interest, map, vacate, confidential, appoint, expert witnesses, conflict of interest, ordinance, vacating ...

32. People v. Mitchell, D059254, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 922 Shepardize , August 28, 2012, Opinion Filed

OVERVIEW: The prohibition on carrying a concealed dirk or dagger in former Pen. Code, § 12020, subd. (a)(4), did not facially violate the Second Amendment right to bear arms in self-defense because the statute was narrowly tailored to prevent exposure to the risk of surprise attacks. In addition, there was no duty to instruct on specific intent to conceal.

CORE TERMS: knife, carrying, concealed, weapon, dagger, dirk, self-defense, concealment, fine, jury trial ...

33. People v. Atencio, C063710, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 921 Shepardize , August 28, 2012, Opinion Filed

OVERVIEW: Defendant could not be sentenced for possession of a firearm in addition to theft of the firearm, because his taking of the pistol was merely the means by which he gained possession of it. Thus, there was a course of conduct pursuant to one criminal objective--to possess the gun--and only one act that could be punished under Pen. Code, § 654.

CORE TERMS: gun--, firearm, punished, pistol, theft, handgun, robberies, felon, firearm possession, sentence ...

34. City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga), A134803, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 925 Shepardize , August 28, 2012, Opinion Filed

OVERVIEW: Because an employee continued to perform his regular work, as defined in Lab. Code, § 4658.1, subd. (a), following an industrial injury and lost no time from work as a result of his injury, Lab. Code, § 4658, subd. (d)(3)(A), was inapplicable, and the employer could not decrease the employee's permanent disability indemnity under Lab. Code, § 4660.

CORE TERMS: regular, disability, injured employee, workers' compensation, decrease, stationary, modified, earning capacity, disability payments, diminished ...

35. In re E.A., B237684, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 1015 Shepardize , August 27, 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 3 of the Discussion., The Publication Status of this Document has been Changed by the Court from Unpublished to Published September 26, 2012.

CORE TERMS: visitation, objecting, monitored, incarceration, counseling, forfeited, custody, substance abuse, police report, dispositional hearing ...

36. Hernandez v. Chipotle Mexican Grill, Inc., B216004, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 938 Shepardize , August 21, 2012, Opinion Filed, As modified Sept. 25, 2012., The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 30, 2012.Modified by Hernandez v. Chipotle Mexican Grill, Inc., 2012 Cal. App. LEXIS 1009 Shepardize (Cal. App. 2d Dist., Sept. 25, 2012)

OVERVIEW: In a meal break case against a restaurant fast food restaurant chain, class certification was properly denied because the employer's obligation under Lab. Code, § 512, subd. (a), and Wage Order No. 5 to provide meal breaks did not extend to ensuring the meal breaks were taken. The trial court appropriately decided the threshold legal issue.

CORE TERMS: meal, certification, restaurant, missed, class certification, manager, minute, class action, rest periods, time records ...

37. Kallis v. Sones, B228912, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 934 Shepardize , August 6, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 29, 2012.

OVERVIEW: Plaintiffs, who shared a property line with defendants, sued defendants for cutting down a tree growing on the property line. The trial court did not err by declining to reduce damages or by doubling the full amount pursuant to Civ. Code, § 3346, subd. (a).

CORE TERMS: trunk, property line, measure of damages, compensate, restoration, detriment, tree's trunk, pine tree, diminution, aftercare ...

Index of actions without opinion 

1. In re W.B., S181638, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 9075 Shepardize , September 26, 2012, Filed

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