Litigation

California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, May 15, 2013

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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. Leiva, S192176, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 2885 Shepardize , April 8, 2013, Filed , Reported at People v. Leiva (Jose), 2013 Cal. LEXIS 3572 Shepardize (Cal., Apr. 8, 2013)
CORE TERMS: probation, revocation, probationary period, tolling provision, toll, period of probation, expiration, probationer, condition of probation, violation of probation ...
2. People v. Delgado, S192704, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 2790 Shepardize , April 4, 2013, Filed, Reported at People v. Delgado (Mildred), 2013 Cal. LEXIS 3546 Shepardize (Cal. App. 1st Dist., Apr. 4, 2013)
CORE TERMS: kidnapping, robbery, asportation, aider and abettor, instruct, driver, aiding and abetting, accomplice, accomplice liability, personally ...
3. People v. Pearson, S058157, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 2131 Shepardize , March 21, 2013, Filed, Reported at People v. Pearson (Michael Nevail), 2013 Cal. LEXIS 2931 Shepardize (Cal., Mar. 21, 2013)
CORE TERMS: prosecutor, juror, prospective juror, murder, voir dire, defense counsel, mitigating, aggravating, cross-examination, deliberation ...
4. Bock v. Cal. Capital Loans, C069863, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 376 Shepardize , May 14, 2013, Opinion Filed
CORE TERMS: arranged, broker, real estate broker, licensed, lender, arranging, partnership, borrower, exempt, real property ...
5. People v. Ermi, No. B241397, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 375 Shepardize , May 14, 2013, Opinion Filed
CORE TERMS: purse, bedroom, probationer, bag, methamphetamine, probation search, girlfriend, parolee, female, driver ...
6. McCoy v. Pac. Mar. Ass'n, B210953, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 374 Shepardize , May 14, 2013, Opinion Filed
CORE TERMS: retaliation, vessel, planner, judgment notwithstanding, training, new trial, new trial, economic damages, emotional distress claims, harassment ...
7. Khavarian Enters. v. Commline, Inc., B243467, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 377 Shepardize , May 14, 2013, Opinion Filed
CORE TERMS: attorney fees, prevailing party, settlement agreement, settlement, misappropriation, willful, malicious, contractual, monetary recovery, italics ...
8. People v. Flores, A135252, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 372 Shepardize , May 13, 2013, Opinion Filed
CORE TERMS: dog, animal's, wound, dangerous animal, 'mischievous, bodily injury, leash--, deputies, ordinary care, propensities ...
9. Hamilton Court, LLC v. East Olympic, L.P., B240052, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 292 Shepardize , April 16, 2013, Opinion Filed
CORE TERMS: easement, merger, deed, deed of trust, security interest, inequitable, mortgage, block, extinguished, real property ...
10. People v. McEvoy, A132360, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 286 Shepardize , April 15, 2013, Opinion Filed
CORE TERMS: incest, adult, sexual, consensual, sex, bed, genetic, sibling, criminalizing, criminalize ...
11. Battaglia Enterprises, Inc. v. Superior Court, D063076, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 280 Shepardize , April 11, 2013, Opinion Filed, As modified Apr. 29, 2013., Modified by Battaglia Enterprises, Inc. v. Superior Court, 2013 Cal. App. LEXIS 337 Shepardize (Cal. App. 4th Dist., Apr. 29, 2013)
CORE TERMS: venue, statutorily, void, legislative scheme, contractual, proper county, disrupt, lawsuit, proper venues, statutory scheme ...
12. People v. Kelly, E055263, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 279 Shepardize , April 10, 2013, Opinion Filed
CORE TERMS: sentence, probation, suspended, sentenced, county jail, sentencing, revocation, suspended sentence, suspend, Realignment Act ...
13. People v. Evans, D059607, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 271 Shepardize , April 9, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION11 Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of parts I, II, III and IV.
CORE TERMS: truck, excavator, trailer, cell, phone, breaker, stolen, trucking, aggregate, theft ...
14. People v. Mora, D062007, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 246 Shepardize , March 29, 2013, 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.
CORE TERMS: sentence, realignment, sentenced, state prison, probation, Realignment Act, classification, sentencing, suspended, restitution fine ...
15. Harris v. Bingham McCutchen LLP, B240522, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 250 Shepardize , March 29, 2013, Opinion Filed
CORE TERMS: arbitration, choice-of-law, arbitration agreement, antidiscrimination, Federal Arbitration Act, arbitration clause, enforceable, employment discrimination, employment agreement's, unconscionable ...
16. Conejo Wellness Center, Inc. v. City of Agoura Hills, B237718, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 248 Shepardize , March 29, 2013, Opinion Filed
CORE TERMS: marijuana, ordinance, dispensary, privacy, state law, preemption, zoning ordinance, patient, causes of action, registration ...
17. Federal Home Loan Bank of San Francisco v. Countrywide Financial Corp., A135898, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 247 Shepardize , March 29, 2013, Opinion Filed
CORE TERMS: cause of action, res judicata, primary rights, securitization, final judgment, declaratory relief, demurrer, judicata, res, prior proceeding ...
18. People v. Eroshevich, B231411, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 242 Shepardize , March 28, 2013, Opinion Filed
CORE TERMS: conspiracy, prescription, new trial, medication, controlled substance, standards of practice, insufficiency, patient, pharmacy, matter of law ...
19. People v. McDonald, G044963, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 241 Shepardize , March 28, 2013, Opinion Filed
CORE TERMS: indeterminate, Sexually Violent Predator Act SVPA, offender, recidivism, sexually, disparate treatment, strict scrutiny, single-subject, violent, sex ...
20. Vasquez v. Greene Motors, Inc., A134829, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 243 Shepardize , March 27, 2013, Opinion Filed, As modified Apr. 23, 2013., Modified and rehearing denied by Vasquez v. Greene Motors, Inc., 2013 Cal. App. LEXIS 314 Shepardize (Cal. App. 1st Dist., Apr. 23, 2013)
CORE TERMS: arbitration, unconscionability, arbitration clause, consumer, unconscionable, "surprise, buyer, seller, preprinted, substantive unconscionability ...
21. San Diego Unified School Dist. v. Commission on Professional Competence, D059035, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 230 Shepardize , March 26, 2013, Opinion Filed
CORE TERMS: touching, touched, teacher, classroom, leg, teach, credibility--, administrative hearing, touch, happened ...
22. Centex Homes v. Superior Court, D062995, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 227 Shepardize , March 25, 2013, Opinion Filed
CORE TERMS: equitable indemnity, equitable, indemnity claim, cause of action, accrual, public entity, accrue, giving rise, cross-complaint, indemnity ...
23. Intengan v. BAC Home Loans Servicing LP, A135782, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 225 Shepardize , March 22, 2013, 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 II.A.2.-10., B. and C.
CORE TERMS: demurrer, foreclosure, judicial notice, declaration's, deed of trust, notice of default, beneficiary, cause of action, borrower, diligence ...
24. Quigley v. McClellan, D060776, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 244 Shepardize , March 12, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 28, 2013.
CORE TERMS: horse's, prepurchase, veterinarian, standard of care, injections, lameness, medical history, trainers, neck, malpractice ...
25. City of Costa Mesa v. D'Alessio Investments, LLC, G046397, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 182 Shepardize , March 11, 2013, Opinion Filed
CORE TERMS: cross-complaint, cause of action, cross-defendant, immunity, illegal activity, slander, business licenses, misrepresentation, trade libel, probability ...
26. Concerned Dublin Citizens v. City of Dublin, A135790, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 239 Shepardize , March 7, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 28, 2013.
CORE TERMS: transit, site, environmental, exemption, specific plan, environmental impact report, retail, development plan, site development, space ...
27. In re T.W., D061960, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 238 Shepardize , March 5, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 27, 2013.
CORE TERMS: custody, reunification services, placement, parental custody, juvenile, removal, supplemental petition, disposition hearing, foster care, physical custody ...
28. Hatai v. Department of Transportation, B236757, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 252 Shepardize , March 4, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 28, 2013.
CORE TERMS: harassment, "ancestry", national origin, warning, "me-too", lawsuit, stick, protected class, prevailing, leave to amend ...
29. Alliance for Protection of Auburn Community Environment v. County of Placer, C067961, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 256 Shepardize , February 28, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 2, 2013.
CORE TERMS: statutes of limitations, demurrer, limitations period, good cause, excusable neglect, mandatory, environmental, jurisdictional, inadvertence, leave to amend ...
30. People v. Spriggs, Sup. Ct. Appeal No. 0002345, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, FRESNO COUNTY, 2013 Cal. App. LEXIS 258 Shepardize , March 21, 2013, Opinion Filed
CORE TERMS: driving, phone, wireless telephone, distraction, cell, hands-free, driver, legislative history, plain meaning, "electronic ...
Index of actions without opinion
1. Corenbaum v. Lampkin, B236227, B237871, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 373 Shepardize , May 13, 2013, Opinion Filed
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