Litigation

California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, November 10, 2014

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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. Hh Computer Sys. v. Pac. City Bank, G049028, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 1011 Shepardize , November 6, 2014, Opinion Filed 

CORE TERMS:  cashing, conventional, customer, deposit, depositary banks, collection, casher, depositary, banking, payee ... 

2. Fiorini v. City Brewing Co., LLC, F067046, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 1010 Shepardize , November 6, 2014, Opinion Filed, November 6, 2014, Opinion Filed,  CERTIFIED FOR PUBLICATION 

CORE TERMS:  alcohol, alcoholic beverages, immunity, beverage, consumer products, consumer, caffeine, "furnish", "furnishing", stimulant ... 

3. People v. Hicks, C073357, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 1014 Shepardize , November 6, 2014, Opinion Filed 

CORE TERMS:  firearm, armed, apartment, sentence, resentencing, backpack, felony, felon-in-possession, arming, gun ... 

4. People v. Hussain, C074397, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 1013 Shepardize , November 6, 2014, Opinion Filed 

OVERVIEW:  Because evidence supported a claim of right instruction, given that claim-of-right was the heart of defendant's defense to the grand theft charge, his trial counsel was ineffective in failing to request that pattern instruction CALCRIM No. 1863 be given, and that failure violated defendant's Sixth Amendment rights and resulted in prejudice to him. 

CORE TERMS:  theft, claim of right, transmission, grand theft, negate, shop, credit union, instruct sua sponte, good faith belief, notice ... 

5. Honeycutt v. Meridian Sports Club, LLC, B254180, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 1015 Shepardize , October 21, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 6, 2014. 

OVERVIEW:  The doctrine of primary assumption of the risk applied where sports club guest had engaged in a kickboxing class, with its inherent risk of a variety of injuries, and because she could have suffered exact same knee injury in the class without the instructor grabbing her leg, instructor's conduct did not increase risks already inherent in the sport. 

CORE TERMS:  sport, instructor, gross negligence, kick, kickboxing, knee, leg, summary judgment, inherent risk, roundhouse ... 

6. Giorgio v. Synergy Management Group, LLC, B248752, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 1012 Shepardize , October 14, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 6, 2014. 

CORE TERMS:  summons, default, mail, default judgment, entry of default, actual notice, personally, mailed, notice, declaration ... 

Index of actions without opinion: 

No new actions since last update. 

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