Litigation

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, April 29, 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. People v. Rusconi, D065478 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. LEXIS 349 Shepardize , April 28, 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:  felony, driving, sentence, offender's, single act, manslaughter, convicted, injure, violence, violent ...

 

2. People v. Cook, E054307 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. LEXIS 353 Shepardize , April 28, 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:  enhancement, lane, juror, driving records, driving, driver, manslaughter, prosecutor's, collision, bodily injury ...

 

3. Novak v. Fay, B256889 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. LEXIS 351 Shepardize , April 28, 2015, 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:  probate, settlement, fee agreement, contingency, attorney fee, beneficial interest, spouse, beneficiary, charging liens, creditor claim ...

 

4. In re D.W., A141217 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2015 Cal. App. LEXIS 352 Shepardize , April 28, 2015, 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:  battery, juvenile, medical treatment, notice, peace officer, supplemental petition, pain, juvenile hall, wardship, detention facility ...

 

5. Monsivaiz v. L.A. County Civ. Serv. Comm'n, B254859, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. LEXIS 348 Shepardize , April 28, 2015, Opinion Filed

 

CORE TERMS:  widow, writ proceeding, charter, deputy's, civil service, civil service, writ petition, successor in interest, deceased, former employee ...

 

6. Phillips v. Bank of Am., B251836, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. LEXIS 347 Shepardize , April 27, 2015, Opinion Filed

 

CORE TERMS:  trust account, withdrawal, entity, preemption, national bank, Coogan Law's, state law, service charges, debit, deposit ...

 

7. V. v. V., B256073 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2015 Cal. App. LEXIS 350 Shepardize , April 1, 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:  jurisdictional, sex offender, juvenile, probation, social worker, paternal, uncle, registered, sexual abuse, dispositional orders ...

 

8. In re Axel M., C071913 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2925 Shepardize , April 28, 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, juvenile, juvenile hall, terminated, custody, moot, predisposition, educational, group home, minute order ...

 

9. In re M.R., C077372 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2924 Shepardize , April 28, 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, food, social worker, methamphetamine, reporter, feces, alcohol, custody, social worker, hospitalized ...

 

10. People v. Thornton, D065827 D065991, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 2929 Shepardize , April 28, 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:  sentence, withdraw, fine, restitution fine, registration, forfeited, arrested, plea agreement, register, sentencing ...

 

11. Albert v. Mid-Century Ins. Co., B257792 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2015 Cal. App. Unpub. LEXIS 2927 Shepardize , April 28, 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, insured, duty to defend, summary judgment, cutting, insurer, occurrence, contractor, intentional act, property damage ...

 

12. People v. Armstrong, C068330 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2930 Shepardize , April 28, 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:  probable consequences, murder, gun, juror, sentence, shooting, assault, manslaughter, confession, passion ...

 

13. People v. Leith, C074381 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2931 Shepardize , April 28, 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:  condition of probation, probation, probation conditions, notice of appeal, Chelsea's Law, probation order, jurisdiction to modify, offender, modified, review granted ...

 

14. In re K.R., C075127 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2928 Shepardize , April 28, 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:  unconditional, juvenile, neighborhood, conditional, kill, reasonable doubt, evidence to support, evidence supports, person threatened, immediate prospect ...

 

15. In re P.D., H041371 , COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2926 Shepardize , April 28, 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:  felony, juvenile, misdemeanor, dispositional order, razor blade, school grounds, express declaration, knife, declaration, confinement ...

 

16. People v. Guess, C075465 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2933 Shepardize , April 28, 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:  cell, inmate, marijuana, phone, snitch, in camera, pepper, searched, shot, spray ...

 

17. People v. Herrera, D064988 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 2932 Shepardize , April 28, 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:  methamphetamine, firearm, transportation, enhancement, felony, truck, personally armed, prior conviction, upper term, possessed ...

 

18. People v. Pardo, D066858 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2015 Cal. App. Unpub. LEXIS 2934 Shepardize , April 28, 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:  gun, kill, provocation, instruct, optional, murder, wounds, self-defense, heat of passion, premeditation ...

 

19. People v. Hernandez, F067630 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2936 Shepardize , April 28, 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:  dog, gang, culpability, apartment, gunman's, murder, shooting, motive, shot, introduce evidence ...

 

20. Storz v. Pine Mt. Club Prop. Owners Ass'n, F067867 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2935 Shepardize , April 28, 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, pine, pine tree, foreman's, misconduct, new trial, root, deliberation, verdict form, declaration ...

 

21. People v. Bradshaw, F068007 , COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2937 Shepardize , April 28, 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, firearm, enhancement, gun, shot, attempted murder, fired, truck, firearm enhancements, nexus ...

 

22. People v. Yepez, No. B249483 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2015 Cal. App. Unpub. LEXIS 2940 Shepardize , April 28, 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, gang members, shooting, street, drove, fired, criminal street gang, gang, intent to kill, handgun ...

 

23. People v. Vizcardo, No. B253233 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2015 Cal. App. Unpub. LEXIS 2938 Shepardize , April 28, 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, girl, juvenile probation, state prison, sexual, sexual offense, current offenses, emotional, sexually, sexual intercourse ...

 

24. Wax v. Mayfield, A142531 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. Unpub. LEXIS 2939 Shepardize , April 28, 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:  dog, injunction, neighbor, barking, harassment, constantly, credible, neighborhood, flyer, fence ...

 

25. People v. Murray, C074990 , COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2015 Cal. App. Unpub. LEXIS 2942 Shepardize , April 28, 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:  enhancement, serious felonies, bedroom, door, years to life, modified, sentence, prior convictions, serious felony, abstract of judgment ...

 

26. People v. Moreno, B247367 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 2941 Shepardize , April 28, 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:  self-defense, murder, malice, imperfect, reasonable doubt, gang, killing, shooting, perfect, guilt ...

 

27. Morales v. County of L.A., B247630 B247713) B249097 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 2944 Shepardize , April 28, 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:  traffic control, relocation, indemnity, summary judgment, highway, k-rail, owed, performing, active negligence, cross-complaint ...

 

28. Foothill Indep. Bank v. Mauriss, B255811 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 2943 Shepardize , April 28, 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:  void, arbitration, arbitration award, vacate, notice, ratified, voidable, agreed to arbitrate, arbitrate, lawsuit ...

 

29. Klishtein v. Behzadi, B256267 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2015 Cal. App. Unpub. LEXIS 2945 Shepardize , April 28, 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:  marijuana, dispensary, license, unclean hands, statement of decision, punitive damages, abuse of discretion, inequitable, presume, falsely represented ...

 

30. People v. Moore, A142926 , COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2015 Cal. App. Unpub. LEXIS 2946 Shepardize , April 28, 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:  bodily injury, wound, pain, discharged, firearm, probable cause, italics, malice, murder, preliminary hearing ...

 

Index of actions without opinion

 

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