Litigation

California Official Reports: Electronic Advance Sheet – Court Opinions For Tuesday, March 17, 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. In re Chang, S223736, SUPREME COURT OF CALIFORNIA, 2015 Cal. LEXIS 1218 Shepardize , March 16, 2015, Filed

 

CORE TERMS:  immigration, res, Chinese Exclusion Act, immigrant, laborers, eligible, ratified, repealed, license, naturalization ...

 

2. Ukkestad v. Rbs Asset Fin., D065630, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 237 Shepardize , March 16, 2015, Opinion Filed

 

CORE TERMS:  real property, parcel, statute of frauds, probate, deed, real estate, personal property, extrinsic evidence, wherever, situated ...

 

3. Serafin v. Balco Props., A141358, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. LEXIS 238 Shepardize , March 16, 2015, Opinion Filed

 

CORE TERMS:  arbitration agreement, arbitration, unconscionable, unconscionability, arbitration provision, attorney fees, substantively, arbitrate, alarm, handbook ...

 

4. Lanquist v. Ventura County Emples. Ret. Ass'n, B251179, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2015 Cal. App. LEXIS 239 Shepardize , March 16, 2015, Opinion Filed

 

CORE TERMS:  academy, retirement, military service, service credit, active duty, midshipman, military, cadet, midshipmen, creditable ...

 

5. People v. Jordan, D064010, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 240 Shepardize , March 16, 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 part II., sections A., B., D. and E.

 

CORE TERMS:  sentence, parole, years to life, robbery, prison, sentencing, juvenile offender, cruel, life sentence, mandatory ...

 

6. People v. Mejia, B243500 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1823 Shepardize , March 16, 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:  robbery, conspiracy, sentence, truck, conspiracy to commit murder, kidnapping, murder, commit, enhancement, knife ...

 

7. People v. Quintero, B250025 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1825 Shepardize , March 16, 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, gun, street, enhancement, hotel's, bag, gang member, firearm, methamphetamine, ammunition ...

 

8. Rogers v. Rogers, B254021 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1818 Shepardize , March 16, 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:  deposition, noticed, monetary sanction, discovery, accounting, abuse of discretion, deponent's, confer, back-to-back, flight ...

 

9. In re Lien, D064825 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1826 Shepardize , March 16, 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:  spousal support, change of circumstances, modification, monthly, expense declaration, monthly expenses, support order, italics, monthly income, burden of producing evidence ...

 

10. White v. Maksimow, D065323 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1822 Shepardize , March 16, 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:  writ of execution, causes of action, litigation privilege, extrinsic fraud, probability, prong, vacate, prevailing, conclusively, matter of law ...

 

11. People v. Taylor, D066125 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1820 Shepardize , March 16, 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:  restitution fine, prosecutor, molestation, lewd act, defense counsel, fine, parole revocation, forcible, prosecutorial misconduct, penis ...

 

12. In re Logan C., D066433, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 1821 Shepardize , March 16, 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:  modification, reunification services, depression, therapist, juvenile, social worker, baby, visitation, caregiver, therapy ...

 

13. Campbell v. State, C070369 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1819 Shepardize , March 16, 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:  private road, easement, deed, summary judgment, causes of action, invitees, conveyance, opportunity to respond, dominant tenements, issue of material fact ...

 

14. People v. Rackley, C072249 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1817 Shepardize , March 16, 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:  juror, detective, rape, tattoo, swastika, truck, publicity, substitution, credibility, prejudicially ...

 

15. People v. Nunez, C075524 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1824 Shepardize , March 16, 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:  probation, sentencing, custody, custody credits, presentence, abstract of judgment, driving, jail, state prison, controlled substance ...

 

16. People v. Gaston, C074840 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1830 Shepardize , March 16, 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:  dirk, dagger, sharp instrument, great bodily injury, probation, sharp, nut, knife, blade, bolt ...

 

17. Wallner v. Biggs-Gridley Mem. Hosp., C075599 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1831 Shepardize , March 16, 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:  narcotic, summary judgment, discovery, pharmacy, pretextual, termination, pretext, sexual harassment, terminating, medications ...

 

18. People v. Moses, C076037 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1832 Shepardize , March 16, 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:  prosecutor, domestic violence, mistrial, violence, hit, dog, misconduct, prejudicial, apartment complex, prosecutor's question ...

 

19. People v. Moralez, C076091 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1833 Shepardize , March 16, 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:  juror's, pinpoint instruction, prevention, self-defense, knife, duplicative, assault, alternate, illness, pulled ...

 

20. People v. Nelson, C076553 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1834 Shepardize , March 16, 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:  mayhem, arguable, supplemental brief, deadly weapon, separate acts, attempted murder, counts of assault, assault counts, plea agreement, multiple punishment ...

 

21. People v. Steward, B254834 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1827 Shepardize , March 16, 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:  miles per hour, driving, stop sign, manslaughter, crash, causation, prosecutor, street, felony, speed ...

 

22. N.K. v. C.K., B256353 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1829 Shepardize , March 16, 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:  maternal aunt, maternal, trailer, domestic violence, juvenile, grandfather, marijuana, methamphetamine, jurisdictional, prison ...

 

23. Plaintiff & Respondent v. De Leon, B252051 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2015 Cal. App. Unpub. LEXIS 1828 Shepardize , March 16, 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:  support orders, child support, comparable, tribunal, matter jurisdiction, responding, notice, personal jurisdiction, dissolution, custody ...

 

24. P.s v. N.C., C076799 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1835 Shepardize , March 16, 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:  juvenile, writ petition, reversal, notice of intent, reunification services, best interest, implementation hearing, timely filed, vacation, mental health

 

25. Grigorian v. Citibank, N.A., B253583 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 1836 Shepardize , March 16, 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:  foreclosure sale, forbearance, foreclosure, arrearages, mortgage, promissory estoppel, statute of frauds, demurrer, reduced to writing, conditional ...

 

26. People v. Villarreal, F068735 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1837 Shepardize , March 16, 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:  restitution fine, plea agreement, sentence, years to life, years of age, prison term, withdraw, fine, sentenced, dollar amount ...

 

27. People v. Bohannan, C075236 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1840 Shepardize , March 16, 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:  former subd, victim restitution, felony, prior serious felony conviction, pleaded, vacated, notice, sentenced to prison, custody credit, restitution fine ...

 

28. Wilkerson v. L.A. City Fire Dep't, B248336 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1839 Shepardize , March 16, 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:  harassment, demurrer, blower, leave to amend, statute of limitation, equitable tolling, tear gas, drill, retaliation, unfair ...

 

29. People v. Ward, F067729 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1838 Shepardize , March 16, 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:  firearm, record of conviction, resentencing, armed, current offense, convicted, felon, disqualifying, offender, violent felony ...

 

30. Sanchez v. Geico Indem. Co., H040156 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1841 Shepardize , March 16, 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:  coverage, triable, summary judgment, motorcycle, maximum, uninsured, motorist coverage, declaration, underinsured, issues of fact ...

 

31. People v. Santiago, F068449 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 1842 Shepardize , March 16, 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:  jacket, abandoned, scene, bag, driver, walked, package, purse, reasonable expectation of privacy, detention ...

 

32. No Wetlands Landfill Expansion v. County of Marin, A137459, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. Unpub. LEXIS 1798 Shepardize , January 7, 2015, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 12, 2015.

 

CORE TERMS:  administrative record, environmental, undisclosed, attachments, landfill

 

Index of actions without opinion

 

1. Rio Sch. Dist. v. Ftr Int'l, B238618, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2015 Cal. App. LEXIS 241 Shepardize , February 24, 2015, Opinion Filed

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