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Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, August 16, 2012

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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. City of Corona v. Liston Brick Co., E053738, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 873 Shepardize , August 14, 2012, Opinion Filed

CORE TERMS: appraisal, cross-examination, 'inadmissible, valuation, property interest, subject property, valued, easement, eminent domain proceeding, value of property ...

2. Fahlen v. Sutter Central Valley Hospitals, F063023, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 877 Shepardize , August 14, 2012, Opinion Filed

CORE TERMS: cause of action, peer review, exhaustion, peer, whistleblower, retaliation, staff privileges, medical staff, judicial remedy, patient ...

3. Silk v. Feldman, No. B231720, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 874 Shepardize , August 14, 2012, Opinion Filed

OVERVIEW: In an action for defamation and libel per se, the trial court properly denied defendant's motion to strike pursuant to Code Civ. Proc., § 425.16, where plaintiff carried her burden of showing a probability of prevailing in the action. Plaintiff's evidence demonstrated the allegation against her was false.

CORE TERMS: parking spaces, homeowners", probability, prevailing, free speech, public interest, public forum, judicial proceeding, furtherance, defamation ...

4. In re Z.A., D060033, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 837 Shepardize , July 26, 2012, Opinion Filed

OVERVIEW: Defendant minor's statements, made after she invoked her Fifth Amendment right to remain silent, should have been suppressed because she unambiguously invoked the right to remain silent by saying that she did not want to answer any more questions, but the officers intensified their interrogation instead of scrupulously honoring her rights.

CORE TERMS: interrogation, right to remain silent, marijuana, invoked, invocation, border, conversation, juvenile, questioning", crossing ...

5. Gillette Co. v. Franchise Tax Bd., A130803, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 833 Shepardize , July 24, 2012, Opinion Filed

OVERVIEW: Multistate Tax Compact gave the option under Rev. & Tax. Code, § 38006, art. III, subd. 1, to elect its apportionment formula for corporate income taxes instead of the Rev. & Tax. Code, § 25128, subd. (a), double-weighted sales apportionment formula. As a binding contract between member states, the compact superseded conflicting state law.

CORE TERMS: compact, interstate compacts, multistate, withdrawal, formula, apportionment, signatory, binding, apportionment formula, uniformity ...

6. Chavez v. Glock, Inc., B230346, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 832 Shepardize , July 24, 2012, Opinion Filed

OVERVIEW: In a design defect case arising from a shooting by a three-year-old child, the gun manufacturer did not establish that the injured parent lacked evidence of causation because the parent's expert opined that if a small child's hand were in the position to fire, it would not have the size or leverage to depress a grip safety and pull the trigger.

CORE TERMS: holster, firearm, cause of action, consumer expectation, trigger, user, pistol, design defect, consumer, manufacturer's ...

7. People v. McKee, D059843, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 834 Shepardize , July 24, 2012, Opinion Filed

OVERVIEW: California's Sexually Violent Predators Act, as amended by Proposition 83, did not violate defendant's constitutional equal protection rights. Disparate treatment of SVP's under the Act is necessary to further the People's compelling interests of public safety and humane treatment of the mentally disordered.

CORE TERMS: sexual, sexually, violent, disparate treatment, recidivism, predator, civil commitment, patient, sex offenders, offender ...

8. People v. Jones, B233204 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 836 Shepardize , July 24, 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 parts II. and III. of the Discussion.

OVERVIEW: Defendant's Sixth Amendment right to confrontation was not violated by the admission of the hearsay statements of a former girlfriend who was afraid of defendant and unavailable because of his communications from jail. The forfeiture by wrongdoing rule is not limited to statements by victim witnesses who were murdered to prevent their testimony.

CORE TERMS: wrongdoing, forfeiture, detective, phone, testimonial, prosecutor, confrontation, interrogation, murdered, unavailable ...

9. Kifle-Thompson v. State Bd. of Chiropractic Examiners, A130819, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 872 Shepardize , July 20, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 14, 2012.

OVERVIEW: Sufficient evidence supported the revocation of a chiropractor's license under the Chiropractic Act, Bus. & Prof. Code, § 1000 et seq., based on fraudulent or excessive billing through medical and management corporations. General findings about her involvement were unchallenged, and expert testimony supported findings about specific billings.

CORE TERMS: chiropractic, billing, patient, clinic, chiropractor, unprofessional conduct, fraudulent, license--, proposed decision, accusation-- ...

10. In re I.J., B237271, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 835 Shepardize , June 29, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 24, 2012.

OVERVIEW: Rape by a father of his minor daughter reasonably could be said to be so sexually aberrant that both male and female siblings of the victim were at substantial risk of sexual abuse within the meaning of Welf. & Inst. Code, § 300, subd. (d), if left in the home.

CORE TERMS: sibling, sexual abuse, substantial risk, juvenile, sexually abused, sister, male, sex, sexually, sexual ...

11. Caron v. Mercedes-Benz Financial Services USA LLC, G044550, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 848 Shepardize , June 29, 2012, Opinion Filed, As modified July 30, 2012., The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 30, 2012.

OVERVIEW: In a suit under the Consumers Legal Remedies Act, Civ. Code, § 1750 et seq., arising from a vehicle purchase, the Federal Arbitration Act, 9 U.S.C. § 1 Shepardize et seq., preempted the anti-waiver provision in Civ. Code, § 1751, as applied to a class-action waiver in an arbitration agreement contained in the parties' sales contract.

CORE TERMS: arbitration, class action, arbitration provision, arbitration agreements, consumer, antiwaiver, preempt, sales contract, unconscionable, unconscionability ...

Index of actions without opinion

1. Tien (Kevin) v. Tenet Healthcare Corporation, S191756, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7662 Shepardize , June 20, 2012, Opinion Filed

2. City of Maywood v. L.A. Unified Sch. Dist., Nos. B233739, B236408, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 875 Shepardize , August 14, 2012, Opinion Filed

3. Nelsen v. Legacy Partners Residential, Inc., A132927, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 876 Shepardize , August 14, 2012, Opinion Filed, Modification of opinion (___Cal.Rptr.3d ___), upon denial of rehearing.

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