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Litigation

California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, March 16, 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. Velasco, D066979, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 230 Shepardize , March 13, 2015, 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:  gang, street, street gang, gang members, terrorism, felonious, robbery, criminal conduct, subset, commit ...

 

2. People v. Anderson, D063648, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 232 Shepardize , March 13, 2015, 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 III.B., C., and D.

 

CORE TERMS:  card, claim-of-right, apartment, gun, robbery, pills, good faith belief, door, self-help, retrieve ...

 

3. Jesus M. v. Jesus M., B256537, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. LEXIS 231 Shepardize , March 13, 2015, Opinion Filed

 

CORE TERMS:  restraining order, visitation, physical harm, jurisdictional, emotional, domestic violence, substantial risk, monitored, dispositional, detention ...

 

4. People v. Johnson, A136573, A140310, A143775, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 234 Shepardize , March 13, 2015, 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 II.A.

 

CORE TERMS:  disorder, edition, diagnosis, paraphilic, coercive, mental disorders, paraphilia, conditional release, experts' testimony, sexually ...

 

5. People v. Brewer, C075255, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. LEXIS 236 Shepardize , March 13, 2015, Opinion Filed

 

CORE TERMS:  state hospital, injunction, deadline, packet, dissolve, period of time, modification, county jail, commitment order, transferred ...

 

6. County of Sonoma v. Cohen, C075120, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. LEXIS 228 Shepardize , March 12, 2015, Opinion Filed

 

OVERVIEW:  After receiving authorization from its oversight board under Health & Saf. Code, §§ 34178, subd. (a), 34180, subd. (h), a county could reenter into agreements between a redevelopment agency and itself. These were enforceable obligations of a former redevelopment agency under Health & Saf. Code, §§ 34171, subd. (d), 34183, subd. (a)(2)(C).

 

CORE TERMS:  successor, enforceable obligations, oversight, redevelopment agencies, reentry, redevelopment, entity, sponsoring, agency agreements, reenter ...

 

7. Jonathan B. v. Andrea S., B258513, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. LEXIS 233 Shepardize , February 19, 2015, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 13, 2015.

 

CORE TERMS:  physical harm, jurisdictional, substantial risk, substantial evidence, juvenile, nonaccidentally, inflicted, seat, violent conduct, domestic violence ...

 

8. In re M.M., C075687, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. LEXIS 229 Shepardize , February 9, 2015, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 11, 2015.

 

OVERVIEW:  Pursuant to Welf. & Inst. Code, § 366.26, a de facto parent was entitled to notice and the opportunity to object and request a hearing prior to the child's removal from the de facto parent's home. The removal was an abuse of discretion, as it was unsupported by the evidence in the then-existing record.

 

CORE TERMS:  adoptive parent, placement, removal, caretaker, aunt, notice, designated, juvenile, minor's best interests, parental rights ...

 

9. Brianna P. v. T.S., D066530 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1750 Shepardize , March 13, 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:  parental rights, foster parents, displayed, juvenile, foster home, beneficial, unsupervised, domestic violence, overnight visits, terminating ...

 

10. In re Andy M., D067007 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1747 Shepardize , March 13, 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:  notice, tribe, parental rights, social worker, dependency, juvenile, custody

 

11. People v. Dempsey, C070000 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1752 Shepardize , March 13, 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:  detainer, extradition, final disposition, fugitive, notice, prosecutor, prisoner, demanding, district attorney, arrived ...

 

12. People v. Deshields, C070131 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1751 Shepardize , March 13, 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:  dog, sexual, registration, garage, animal, commit, sex offender, cruelty, sexual assault, hygiene ...

 

13. Hernandez v. Health, C074946 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1754 Shepardize , March 13, 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:  summary judgment, medication, pain, standard of care, declaration, nurse's, stroke, medical malpractice, expert testimony, causation ...

 

14. People v. Stevens, C075189 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1755 Shepardize , March 13, 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:  fine, sentence, aggregate, restitution fines, felony, subordinate terms, middle term, penalty assessment, identification, plea agreement ...

 

15. People v. Foster, C075946 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1756 Shepardize , March 13, 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:  defense counsel, withdraw, coerced, plea agreement, coercion, abuse of discretion, appointment, substitute counsel, readiness, sentenced ...

 

16. People v. Freeman, C076158 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1753 Shepardize , March 13, 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:  custodian, discoverable, discovery, police department, good cause, original hearing, salary, in camera, officer personnel files, personnel files ...

 

17. People v. Melvin, F067516 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1749 Shepardize , March 13, 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:  arrest, posted, garage, narcotics, contraband, currency, patdown search, probable cause, fence, probable ...

 

18. Guardianship of Jordyn P., F068803 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1748 Shepardize , March 13, 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:  guardianship, visitation, guardian, declaration, custody, probate, petition to terminate, notice, e-mail, prisoner's ...

 

19. People v. Velasquez, B248580 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1757 Shepardize , March 13, 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, shotgun, firearm, shot, public defender, alternate, fired, gun', shooting, pistol ...

 

20. People v. Barcena, B255040 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1758 Shepardize , March 13, 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, truck, license plate, prior prison terms, sentence, suppress, prior prison terms, abstract of judgment, custody credits, traffic stop ...

 

21. People v. Coronado, B255295 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1759 Shepardize , March 13, 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:  bodily injury, punch, enhancement, assault, personally, likely to produce, prosecutor, lesser, simple assault, accomplice ...

 

22. In re T.T., B257190 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1760 Shepardize , March 13, 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:  reunification services, beneficial, parental rights, child's best interest, modification, juvenile, visitation, stability, regular, foster care ...

 

23. In re Zarah & Anthony Deguzman, B251022 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1763 Shepardize , March 13, 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:  marriage, default, married, incarcerated, declaration, trial setting conference, default judgment, prisoner's, custody, jail ...

 

24. Pineda v. Bekhor, B255583 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1764 Shepardize , March 13, 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:  prevailing party, attorney fees, dispenser, discovery sanctions, photographs, towel, lawsuit, injunctive relief, prevailed, paper towel ...

 

25. Feliciano v. Bd. of Trs. of the Vista Unified Sch. Dist., D065934 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1761 Shepardize , March 13, 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:  personnel, turf, termination, criminal trial, criminal charges, acquitted, notice, supervisor, artificial turf, theft ...

 

26. People v. Gonzalez, A136259 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. Unpub. LEXIS 1762 Shepardize , March 13, 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:  plea agreement, conflict of interest, cooperation, certificate of probable cause, trial counsel, ineffective, restitution, assault, forfeited, withdraw ...

 

27. In re Hadsell, A139942 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. Unpub. LEXIS 1767 Shepardize , March 13, 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:  separate property, jewelry, earning capacity, community property, retirement account, per year, retroactive, support order, earned income, actual income ...

 

28. People v. Durray Daundua Collier, D065475 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1765 Shepardize , March 13, 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:  happened, breasts, touched, shirt, middle term, touching, bathroom, door, intoxication, starting ...

 

29. People v. Olson, F067173 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1766 Shepardize , March 13, 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:  abstract of judgment, conduct credits, prior convictions, minute order, presentence, calculated, custody, teller, years to life, presentence custody credit ...

 

30. People v. Claybon, C075804 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1768 Shepardize , March 13, 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:  domestic violence, propensity, mandatory, waive, legal error, sexual offense, discretionary, process challenges, probation, waived ...

 

31. Gonzalez v. Gonzalez, B253352 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1770 Shepardize , March 13, 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:  restraining orders, appearance, domestic violence, notice, respondents' requests, process rights, written request, telephonically, fiancé, per se ...

 

32. People v. Pereira, H040159 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1771 Shepardize , March 13, 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:  compelled, probation officer, self-incrimination, sex offender, probation conditions, probationer's, criminal proceeding, immunity, probation, pornographic ...

 

33. People v. Moreno, B247367 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 1773 Shepardize , March 13, 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:  murder, self-defense, reasonable doubt, malice, imperfect, gang, shooting, killing, prosecutor, perfect ...

 

Index of actions without opinion

 

1. Telish v. Cal. State Pers. Bd., B250856, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. LEXIS 235 Shepardize , March 13, 2015, Opinion Filed

 

2. Universal Protection Service, L.P. v. Superior Court, D066919, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 227 Shepardize , March 12, 2015, Opinion Filed

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