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Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, August 15, 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. People v. Villatoro, S192531, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7245 Shepardize , July 30, 2012, Filed

OVERVIEW: Modifying CALCRIM No. 1191 to permit the jury to consider charged sexual offenses as evidence of defendant's propensity to commit other charged sexual offenses was proper because Evid. Code, § 1108, was appropriately construed in pari materia with Evid. Code, § 1101, to extend to evidence of both uncharged and charged sexual offenses.

CORE TERMS: propensity, charged offenses, uncharged, sex offense, sexual offenses, commit, sex crimes, inadmissible, modified, admissibility ... 

2. People v. Tully, S030402, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7247 Shepardize , July 30, 2012, Filed

OVERVIEW: In a burglary-murder trial under Pen. Code, § 187, the evidence was sufficient to prove that defendant entered the victim's home to commit theft, as a target offense of the burglary, because it showed that defendant forcibly entered the victim's home armed with a knife and that her purse was taken and found discarded with no money inside.

CORE TERMS: prosecutor's, misconduct, murder, victim impact evidence, juror, death penalty, death penalty, defense counsel, remorse", phase ...

3. People v. Barrett, S180612, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7246 Shepardize , July 30, 2012, Filed

OVERVIEW: In a case in which the People petitioned to commit a mentally retarded person, pursuant to Welf. & Inst. Code, § 6500 et seq., no fundamental interest required a holding that a nonjury trial violated the person's due process rights where the record did not show that the person personally declined a jury or was told of the right to request one.

CORE TERMS: jury trials, advisement, mental retardation, mentally retarded person, disability, facing, LPS Act, mentally, mentally retarded, regional center ...

4. People v. Thomas, S067519, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 7089 Shepardize , July 23, 2012, Filed

OVERVIEW: Defendant's death sentence was proper because it proportionate to his crime, and because the sentence of life without the possibility of parole received by defendant's coparticipant did not, under either the federal or state constitutions, as a matter of law preclude defendant from being sentenced to death for his role in the victim's murder.

CORE TERMS: prosecutor, detective, guilt, murder, misconduct, lineup, right to counsel, interview, firearm, aggravating ...

5. In re Marriage of Hofer, No. B228461, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 870 Shepardize , August 13, 2012, Opinion Filed

OVERVIEW: In a marital dissolution case, the husband was not entitled to appeal an award of a attorney fees under Fam. Code, § 2030, because he chose not to disclose evidence of his financial circumstances despite three separate discovery orders. If he wished all of his financial circumstances to be considered, he could have disclosed the information.

CORE TERMS: attorney fees, disentitlement, attorney fees, discovery, disclose, financial circumstances, contempt, referee's, business entities, marriage ...

6. Truly Nolen of America v. San Diego County Superior Court, D060519, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 871 Shepardize , August 9, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 13, 2012.

OVERVIEW: Employees did not establish factors relevant to a public policy analysis of class arbitration in a wage and hour case by submitting attorneys' declarations containing general policy concerns, without individualized evidence. Remand was appropriate to determine whether the arbitration agreements provided implied authorization for class arbitration.

CORE TERMS: arbitration, arbitration agreements, class action, classwide, unconscionability, arbitrator, contractual, statutory rights, implied agreement, public policy ...

7. People v. Schaeffer, E053499, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 845 Shepardize , July 31, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II.

OVERVIEW: Trial court did not abuse its discretion in imposing a probation condition that defendant reside at a residence approved by her probation officer and not move without the officer's prior approval. The condition was narrowly tailored to further the State's interest in defendant's rehabilitation.

CORE TERMS: probation condition, probation, probation officer, conditions of probation, rehabilitation, constitutional right, state interest, Criminal Law, tailored, sentence ...

8. People v. Daniels, B235157, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 847 Shepardize , July 31, 2012, Opinion Filed

OVERVIEW: In a murder case, defendant was first ordered to pay total restitution of $3,400, but after retrial, the trial court ordered defendant to pay $10,000 in restitution. This violated defendant's right not to be subjected to a greater punishment after having successfully appealed his first conviction.

CORE TERMS: restitution, sentence, double jeopardy, restitution fines, resentencing, monetary, fine, severe punishment, retrial, greater punishment ...

9. Rialto Citizens for Responsible Growth v. City of Rialto, E052253, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 849 Shepardize , July 31, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part VI.

OVERVIEW: Absent findings of prejudice, substantial injury, and the probability of a different result, a city's failure to make a consistency finding under Gov. Code, § 65867.5, subds. (a), (b), and omission of planning commission recommendations from a public hearing notice under Gov. Code, § 65094, were harmless errors under Gov. Code, § 65010, subd. (b).

CORE TERMS: notice, development agreements, recommendation, planning, public interest, plan amendments, approving, planning commission's, environmental, beneficial interest ...

10. People v. Rodriguez, No. B234642, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 841 Shepardize , July 30, 2012, Opinion Filed

OVERVIEW: In a case in which defendant was convicted of deterring, preventing, or resisting an officer by force and violence, the evidence was sufficient to support the element of the offense that the officer was in the lawful performance of his duties when he detained defendant.

CORE TERMS: lawful, reasonable suspicion, flight, resisting, fine, detention, violence, legal cause, detain, ran ...

11. Rickley v. Goodfriend, B234152, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 843 Shepardize , July 30, 2012, Opinion Filed

OVERVIEW: In ruling on a request for attorney's fees under Code Civ. Proc., § 1218, by an attorney and her spouse for enforcing post-judgment contempt proceedings in a suit against their neighbors for nuisance and violation of restrictive covenants, it had to be determined whether an attorney-client relationship existed between the attorney and her spouse.

CORE TERMS: attorney fees, attorney-client, contempt, contempt proceedings, pro se, spouse, law firm, professional capacity, spouse-attorney, homeowner ...

12. Sparks v. Vista Del Mar Child & Family Services, B234988, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2012 Cal. App. LEXIS 844 Shepardize , July 30, 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, part B.

OVERVIEW: Arbitration clause in an employee handbook did not create an agreement to arbitrate under Code Civ. Proc., § 1281, and 9 U.S.C. § 2 Shepardize because the arbitration clause was not prominently distinguished from informational material and the handbook was described as non-contractual; thus, arbitration could not be compelled under Code Civ. Proc., § 1281.2.

CORE TERMS: arbitration, handbook, employee handbook, arbitration clause, acknowledgment, arbitration agreement, agreement to arbitrate, arbitration provision, arbitrate, petition to compel arbitration ...

13. People v. Ellis, F063632, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 842 Shepardize , July 30, 2012, Opinion Filed

OVERVIEW: Defendant was not entitled to additional conduct credits under Pen. Code, § 4019, subd. (h), as to offenses committed before the effective date of an amendment increasing the rate at which conduct credits could be earned. Prospective-only application was expressly required by the amended statute's terms and did not violate equal protection rights.

CORE TERMS: conduct credit, prisoner, equal protection, enhanced, sentence, earn, similarly situated, presentence, good behavior, classification ...

14. Arias v. Kardoulias, B234263, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 838 Shepardize , July 26, 2012, Opinion Filed

OVERVIEW: After dismissing as untimely an employee's appeal from a California Labor Commissioner decision that awarded unpaid wages in an amount less than the employee had sought, the superior court erred by assessing attorney fees and costs against the employee pursuant to Lab. Code, § 98.2, subd. (c). The dismissal was not equivalent to an award of zero.

CORE TERMS: attorney fees, wage claim, new trial, unsuccessful, jurisdictional, fee-shifting, unpaid, "zero, fee provision, prevailing party ...

15. People v. Anderson, B197737, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 840 Shepardize , July 26, 2012, Opinion Filed

OVERVIEW: Defendant was properly charged with and convicted of continuous sexual abuse and three counts of lewd act against a single victim; violations of Pen. Code, § 288, subd. (a), based on generic testimony could be charged in addition to violation of Pen. Code, § 288.5, where abuse continued beyond 3-month period required for a conviction under § 288.5.

CORE TERMS: confrontation, continuous, e-mail, hearsay, generic testimony, prosecutor's, sexual abuse, uncharged offenses, sexual offenses, reasonable doubt ...

16. Castaneda v. Department of Corrections & Rehabilitation, B229246, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 839 Shepardize , July 26, 2012, Opinion Filed

OVERVIEW: In an action relating to prisoner medical care, the State was immune under Gov. Code, §§ 844.6, 845.6, because it not only summoned medical care but provided treatment when a doctor and nurse assessed and diagnosed the condition. Their failure to further monitor or follow up went to the reasonableness of the care, not failure to summon.

CORE TERMS: medical care, tort claims, public entity, summon, estoppel, prisoner, cause of action, notice, public employee, immunity ...

17. In re Christian P., B236528, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 829 Shepardize , July 23, 2012, Opinion Filed

OVERVIEW: In a dependency case, the trial court erred when it found that a children and family services agency had complied with ICWA. The agency's failure to fully comply with ICWA's notice requirements required remand of the case to the trial court.

CORE TERMS: notice, tribe, juvenile, dependency, jurisdictional, physical harm, hearsay statements, hearsay evidence, substantial risk, notice requirements ...

18. Harris v. Superior Court, No. B195121 consolidated with No. B195370, No. B195370 consolidated with No. B195121, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 830 Shepardize , July 23, 2012, Opinion Filed

OVERVIEW: The work of insurance adjusters was not administrative for purposes of an exemption from overtime requirements under Wage Order Nos. 4-98, 4-2001 because the adjusters were primarily engaged in the day-to-day tasks of adjusting individual claims, such as investigating, making coverage determinations, setting reserves, and negotiating settlements.

CORE TERMS: wage order, qualitative, exemption, adjuster's, exempt, negotiating, overtime, "planning, business operations, 'servicing' ...

19. Wohlgemuth v. Caterpillar Inc., F061981, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2012 Cal. App. LEXIS 831 Shepardize , July 23, 2012, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts III. and IV.

OVERVIEW: Voluntary dismissal with prejudice as part of a Code Civ. Proc., § 998, compromise agreement did not preclude consumers from recovering attorney fees and costs under Civ. Code, § 1794, subd. (d) as prevailing parties in their action under the Song-Beverly Consumer Warranty Act, Civ. Code, § 1790 et seq., involving alleged defects in a motor home.

CORE TERMS: attorney fees, prevailing party, consumer, compromise agreement, Song-Beverly Act, offer to compromise, fee-shifting, buyer, settlement, final disposition ...

20. In re C.Y., C070098, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 850 Shepardize , July 11, 2012, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 31, 2012.

OVERVIEW: Inquiries to a mother and her adoptive father, both of whom believed that the mother had some Indian ancestry but did not know with which tribes she might be affiliated, satisfied Welf. & Inst. Code, § 224.3, without further inquiry and allowed the trial court to find that the Indian Child Welfare Act, 25 U.S.C. § 1901 Shepardize et seq., did not apply.

CORE TERMS: ancestry, tribe, social worker, biological parents, adoptive, notice, tribal, maternal, grandfather, heritage ...

Index of actions without opinion 

No new actions since last update.

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