Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Tuesday, November 27, 2012

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  • Index of new California opinions
  • Index of actions without opinion

Index of new California opinions:

1. Sargon Enters. v. Univ. of S. Cal., S191550, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 10713 Shepardize , November 26, 2012, Filed

CORE TERMS: implant, lost profits, market share, innovative, big, speculative, innovation, leader, dental, innovativeness ...

2. People v. Dungo, S176886, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 9719 Shepardize , October 15, 2012, Filed, Reported at People v. Dungo (Reynaldo Santos), 2012 Cal. LEXIS 10333 Shepardize (Cal., Oct. 15, 2012)Companion case at People v. Rutterschmidt, 2012 Cal. LEXIS 9720 (2012) Time for Granting or Denying Rehearing Extended People v. Dungo (Reynaldo Santos), 2012 Cal. LEXIS 10259 Shepardize (Cal., Oct. 31, 2012)

CORE TERMS: 'testimonial, autopsy report, autopsy, primary purpose, plurality, formality, pathologist's, conc, photographs, out-of-court ...

3. People v. Rutterschmidt, S176213, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 9720 Shepardize , October 15, 2012, Filed, Reported at People v. Rutterschmidt (Olga), 2012 Cal. LEXIS 10329 Shepardize (Cal., Oct. 15, 2012)

CORE TERMS: laboratory, analyst, laboratory report, testimonial, codefendant, murder victim, apartment, insurance policies, confrontation right, right to confront ...

4. People v. Lopez, S177046, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 9718 Shepardize , October 15, 2012, Filed, Reported at People v. Lopez (Virginia Hernandez), 2012 Cal. LEXIS 10332 Shepardize (Cal., Oct. 15, 2012)Companion case at People v. Dungo, 2012 Cal. LEXIS 9719 (2012)

CORE TERMS: testimonial, laboratory's, analyst, notation, formality, confrontation, conc, lab's, blood sample, primary purpose ...

5. Franco v. Arakelian Enters., B232583, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1207 Shepardize , November 26, 2012, Opinion Filed

CORE TERMS: arbitration, arbitration agreements, class action, italics, statutory rights, overtime, arbitrator, unenforceable, meal, unwaivable ...

6. Juan G. v. Superior Court, B241316, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 1073 Shepardize , October 15, 2012, Opinion Filed

CORE TERMS: juvenile, unfitness, fitness hearing, prosecutor's, older, years old, discretionary, unfit, fitness, murder ...

7. D.M. v. Department of Justice, A131325, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1067 Shepardize , October 12, 2012, Opinion Filed

CORE TERMS: certificate of rehabilitation, register, registration, registration requirements, offender, relieved, classification, similarly situated, sexual, sex offender ...

8. Ruiz v. Safeway, Inc., A132202, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 1069 Shepardize , October 12, 2012, Opinion Filed

CORE TERMS: beer, alcohol, intoxicated, furnish, checker, obviously intoxicated minor, alcoholic beverages, summary judgment, furnishing, license ...

9. Cleveland v. Johnson, B233762, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 1062 Shepardize , October 11, 2012, Opinion Filed

CORE TERMS: fiduciary duties, successor liability--, continuation, "internet, shareholder, promoter, successor, ratification, investor--, fiduciary relationship ...

10. Los Angeles Internat. Charter High School v. Los Angeles Unified School Dist., B231164, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1063 Shepardize , October 11, 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 part 5. of the Discussion.

CORE TERMS: charter schools, classroom, high school, school districts, space, campus, writ of mandate, reasonable efforts, specialized, charter ...

11. Los Angeles Federal Credit Union v. Madatyan, B232073, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 1065 Shepardize , October 11, 2012, Opinion Filed

CORE TERMS: credit union, conversion, equitable lien, insurance proceeds, loan agreement, converted, endorsed, insured, payee, body shop ...

12. In re Alonzo J., C068046, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1059 Shepardize , October 10, 2012, Opinion Filed

CORE TERMS: juvenile, plea bargain, factual basis, contest, defense counsel, adult, delinquency, favorable, plea offer, admit ...

13. Sands & Associates v. Juknavorian, B232686, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1058 Shepardize , October 10, 2012, Opinion Filed, As modified Oct. 30, 2012., Modified and rehearing denied by Sands & Associates v. Juknavorian, 2012 Cal. App. LEXIS 1137 Shepardize (Cal. App. 2d Dist., Oct. 30, 2012)

CORE TERMS: law firm, attorney fees, attorney's fees, partner, regular, attorney fee provision, prevailing party, continuous, disqualification, propria persona ...

14. Mastick v. TD Ameritrade, Inc., No. B237475, No. B238070, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 1057 Shepardize , October 9, 2012, Opinion Filed

CORE TERMS: arbitration, arbitration provisions, arbitration agreement, choice-of-law, refuse to enforce, Federal Arbitration Act FAA, state law, duplicative, authorize, agreement to arbitrate ...

15. People v. Calles, B225763, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 1053 Shepardize , October 5, 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 Discussion, parts A., B., and C.

CORE TERMS: scene, enhancement, bodily injury, sentence enhancements, juror, sentence, execution of sentence, vehicular manslaughter, misconduct, "experiment" ...

16. Perez v. Golden Empire Transit Dist., F062701, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1054 Shepardize , October 5, 2012, Opinion Filed

CORE TERMS: demurrer, public entity, claims presentation requirement, general allegation, claims statute, cause of action, judicial notice, complying, claimant, complied ...

17. Citizens Assn. of Sunset Beach v. Orange County Local Agency Formation Com., G045878, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 1052 Shepardize , October 5, 2012, Opinion Filed, As modified Nov. 1, 2012., Modified and rehearing denied by Citizens Assn. of Sunset Beach v. Orange County Local Agency Formation Com., 2012 Cal. App. LEXIS 1148 Shepardize (Cal. App. 4th Dist., Oct. 31, 2012)

CORE TERMS: annexation, beach, election, voter, territory, island, special taxes, local governments, constitutional provision, ballot ...

18. Tien v. Tenet Healthcare Corp., B214333, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 1045 Shepardize , October 4, 2012, Opinion Filed

CORE TERMS: meal, certification, class certification, missed, stub's, common questions, obligated, obligation to provide, predominated, class action ...

19. Wanke, Industrial, Commercial, Residential, Inc. v. Keck, D058825, D058669, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 1050 Shepardize , October 4, 2012, Opinion Filed, As modified Oct. 29, 2012., Modified and rehearing denied by Wanke v. Superior Court, 2012 Cal. App. LEXIS 1129 Shepardize (Cal. App. 4th Dist., Oct. 29, 2012)

CORE TERMS: injunction, contempt, trade secret, customer, contempt proceedings, settlement agreement, criminal contempt, customer lists, invalid, former employee ...

20. The Gillette Co. v. Franchise Tax Bd., A130803, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 1030 Shepardize , October 2, 2012, Opinion Filed

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

21. Don Johnson Productions, Inc. v. Rysher Entertainment, LLC, B227304, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 1029 Shepardize ; 40 Media L. Rep. 2495 Shepardize , October 1, 2012, Opinion Filed, As modified Oct. 9, 2012., 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 III.A.1.d. through III.B. of the majority opinion and part B. of the dissenting opinion., Modification order at Don Johnson Prods. v. Entm't, 2012 Cal. App. LEXIS 1055 Shepardize (Cal. App. 2d Dist., Oct. 9, 2012)

CORE TERMS: "tolling", statute of limitations, acknowledgment, statute of limitations, "toll", expiration, "tolled", renewal, obligated, tolling period ...

22. People v. Winters, Case No: ACRAS1100151, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, SAN BERNARDINO COUNTY, 2012 Cal. App. LEXIS 941 Shepardize , June 28, 2012, Opinion Filed

CORE TERMS: photograph, videotape, camera, video, settled statement, subpoena, red light, adverse witnesses, confrontation, foundational ...

Index of actions without opinion

No new actions since the last update.

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