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California Official Reports: Electronic Advance Sheet – Court Opinions For Tuesday, December 16, 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. Feresi v. Livery, No. B248607 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 1138 Shepardize , December 15, 2014, 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:  security interests, membership, pension plan, perfected, financing statement, partner, fiduciary, fiduciary duties, owed, financial obligations ... 

2. Adoption of Baby Boy W., D066101 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 1139 Shepardize , December 15, 2014, 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:  baby's, pregnancy, paternity, custody, message, presumed father, responded, biological father, promptly, birth ... 

3. Neighbors v. County of Ventura, No. B254120 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 1140 Shepardize , December 15, 2014, 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:  clinic, height, addendum, feet, supplemental, relocated, statute of limitations, relocation, writ of mandate, notice ... 

4. People v. Bar, D063793, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 1136 Shepardize , December 15, 2014, 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 I and II. 

CORE TERMS:  firearm, shooting, sentence, gun, parole, van, imprisonment, gang, terms of life, indeterminate ... 

5. Daugherty v. Daugherty, A138872, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 1142 Shepardize , December 15, 2014, Opinion Filed 

CORE TERMS:  derivative, child support, Social Security, disability benefits, support obligation, disability, credited, disability payment, pertinent part, monthly ... 

6. Duarte v. Caifornia State Teachers' Ret. Sys., A135184 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 1137 Shepardize , November 18, 2014, 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:  disability, ime, documentation, collateral estoppel, disability retirement, disability benefits, attend, teacher, eligibility, disability retirement benefits ... 

7. People v. Hayden, C074993 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8873 Shepardize , December 15, 2014, 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:  provocation, degree murder, murder, sentencing, voluntary manslaughter, heat of passion, untimely, rashly, kill, pertinent part ... 

8. Williams v. Hepler, D064230 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. Unpub. LEXIS 8875 Shepardize , December 15, 2014, 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:  sister, outrageous, emotional distress, infliction, funeral, emotional distress, power of attorney, legal rights, dementia, severe ... 

9. V.H. v. Superior Court, D066711 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. Unpub. LEXIS 8876 Shepardize , December 15, 2014, 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:  reasonable efforts, reunification services, juvenile, removal, sibling, half siblings, conservatorship, parental rights, mental illness, substance abuse ... 

10. In re Deron C., B254941 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. Unpub. LEXIS 8872 Shepardize , December 15, 2014, 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, prison, foster, placement, caregiver, juvenile, maternal aunt, foster homes, reunify, foster mother ... 

11. People v. Carrillo, No. B245720 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. Unpub. LEXIS 8877 Shepardize , December 15, 2014, 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, penal interest, testimonial, hearsay, murdered, nontestimonial, gang, gang members, declaration, declarant ... 

12. Davis v. Purple Mt. Empire, D065302 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. Unpub. LEXIS 8878 Shepardize , December 15, 2014, 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:  causes of action, demurrer, entity, sexual, judicial notice, italics, leave to amend, connected, cross-complaint, affirmatively ... 

13. People v. Wardzala, H039227 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8880 Shepardize , December 15, 2014, 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:  felony, burglary, prison, probation, sentence, card, convicted, door, stolen, cruel ... 

14. People v. Walker, No. B248460 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. Unpub. LEXIS 8879 Shepardize , December 15, 2014, 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:  messages, prostitute, hotel, cell, self-representation, robbery, phone number, appointed counsel, irreconcilable conflict, ineffective representation ... 

15. People v. Acevedo, No. B255267 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. Unpub. LEXIS 8881 Shepardize , December 15, 2014, 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, supervision, tolling, custody, probation officer, bench warrant, prison, arrested, arrest warrant, reinstated ... 

16. Gomez v. Superior Court, H039679 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8883 Shepardize , December 15, 2014, 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:  recusal, photograph, videotape, shooter, disqualification, declaration, discovery, recuse, demurrer, district attorney's ... 

17. People v. Flores, H040288 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8889 Shepardize , December 15, 2014, 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 condition, restitution fine, probation, ammunition, illegal drugs, fine, firearm, probationer, vagueness, possessing ... 

18. S.S. v. S.S., H040947 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8888 Shepardize , December 15, 2014, 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, visitation, caregiver, custody, parental rights, ren, legal guardianship, guardianship, regular visitation, detrimental ... 

19. In re Joshua R., A139883 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. Unpub. LEXIS 8885 Shepardize , December 15, 2014, 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, jurisdictional hearing, probation conditions, pornographic, probation officer's, interview, private part, interviewer, vagueness, child abuse ... 

20. People v. Arteaga, A140356 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. Unpub. LEXIS 8886 Shepardize , December 15, 2014, 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, post-arrest, right to remain silent, waived, deadly weapon, questioning, interview, assault, battery, warning ... 

21. People v. Powell, A140738 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. Unpub. LEXIS 8882 Shepardize , December 15, 2014, 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:  certificate of probable cause, defense counsel, stolen property, sentencing hearing, prior prison terms, sentencing, contest, failed to obtain, present appeal, ineffectiveness ... 

22. People v. Steven, A141287 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. Unpub. LEXIS 8887 Shepardize , December 15, 2014, 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:  indeterminate term, indeterminate, sexually, predator, violent 

23. People v. Nevarez, C075242 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8884 Shepardize , December 15, 2014, 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, robbery, gang, gun, opening brief, presentence, favorable, appointed, firearm, drugstore ... 

24. Vanessa S. v. Superior Court, F070095 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8890 Shepardize , December 15, 2014, 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:  progress, juvenile, methamphetamine, custody, reunification services, substantial probability, manslaughter, sober, inpatient, removal ... 

25. People v. Quintero, H039290 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. Unpub. LEXIS 8874 Shepardize , December 12, 2014, 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:  prosecutor's, defense counsel, photograph, sentencing, booking, continuance, appearance, sentence, sentencing hearing, misconduct ...  

Index of actions without opinion 

1. Karton v. Dougherty, B244231, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 1141 Shepardize , December 12, 2014, Opinion Filed

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