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Litigation

California Official Reports: Electronic Advance Sheet For Tuesday, April 10, 2012

 

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
  • Instructions to unsubscribe or suspend CA e-Advance service 

Index of new California opinions: 

1. In re Lucas, S181788, S182355, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 1966 Shepardize , March 5, 2012, Filed, Reported at Lucas (David) on H.C., 2012 Cal. LEXIS 2838 Shepardize  (Cal., Mar. 5, 2012)

OVERVIEW:  Regulatory definition of "good cause" in Cal. Code Regs., tit. 15, § 2600.1, subd. (d), was invalid. However, in two consolidated cases in which Board of Parole Hearings issued holds in order to complete the evaluation required to support SVP commitment petitions, Board's reliance upon the regulation was excusable as a good faith mistake of law.

CORE TERMS:  good cause, inmate, release date, violent, scheduled, sexually, predator, custody, good faith, parole ...

2. Barrett Business Services, Inc. v. Workers' Comp. Appeals Bd., B233168, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 337 Shepardize ; 77 Cal. Comp. Cases 213, March 22, 2012, Opinion Filed

OVERVIEW:  Where delivery of a settlement check to the claimant did not occur because the check was stolen, issuance of the check did not discharge the employer's underlying obligation to the claimant and the employer remained liable to the claimant on that obligation pursuant to Cal. U. Com. Code, § 3420.

CORE TERMS:  payee, underlying obligation, delivery, settlement check, notice, conversion, workers' compensation, thief, obligation owed, drawer ...

3. Williams v. Public Empl. Rels. Bd., No. B233494, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2012 Cal. App. LEXIS 394 Shepardize , March 13, 2012, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 9, 2012.

CORE TERMS:  furlough, union members, duty of fair representation, constitutional rights, bargaining unit, nonmember, faculty, conditions of employment, non-member, prima facie case ...

4. Sanchez v. Brooke, B224835, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2012 Cal. App. LEXIS 273 Shepardize ; 77 Cal. Comp. Cases 261, March 8, 2012, Opinion Filed

OVERVIEW:  In a case in which plaintiff was injured while attempting to rescue tortfeasor, who negligently caused a fire while smoking in bed, trial court correctly concluded that expert testimony was unnecessary because the particular circumstances were not sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.

CORE TERMS:  workers' compensation, provider, medical expenses, economic damages, expert testimony, standard of care, damages award, injured person's, bed, judgment notwithstanding ...

5. Quail Lakes Owners Ass'n v. Kozina, C066835, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2012 Cal. App. LEXIS 397 Shepardize , March 8, 2012, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 9, 2012.

CORE TERMS:  homeowner, notice, declaration, briefing, final order, membership, legal rights, derivative action, supermajority, shareholder ...

6. County of San Bernardino v. Workers' Comp. Appeals Bd., E053173, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 241 Shepardize ; 77 Cal. Comp. Cases 219, February 29, 2012, Opinion Filed,  Petition for Rehearing Filed in Court of appeal March 15, 2012

OVERVIEW:  Migraine headaches brought on by on-the-job stress were not compensable by workers' compensation because the stress was the result of good faith personnel actions. Lab. Code, § 3208.3, subd. (h), precluded recovery for psychiatric injuries with resulting physiological manifestations caused solely by stress from good faith personnel actions.

CORE TERMS:  good faith, personnel, migraine, stress, psychiatric injury, headaches--, workers' compensation, compensable, reconsideration, psychiatric ...

Index of actions without opinion

 

1. Florendo-Baird, S200896, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3108 Shepardize , March 22, 2012, Opinion Filed

2. Gordinier, S200902, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3105 Shepardize , March 22, 2012, Opinion Filed

3. Epps, S200892, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3118 Shepardize , March 22, 2012, Opinion Filed

4. Agiewich, S200888, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3111 Shepardize , March 22, 2012, Opinion Filed

5. Latiner, S200916, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3106 Shepardize , March 22, 2012, Opinion Filed

6. Magaw, S200917, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3122 Shepardize , March 22, 2012, Opinion Filed

7. Kirby, S200906, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3115 Shepardize , March 22, 2012, Opinion Filed

8. Kirkpatrick, S200909, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3100 Shepardize , March 22, 2012, Opinion Filed

9. Knerr, S200911, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3119 Shepardize , March 22, 2012, Opinion Filed

10. O'Leary, S200937, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3098 Shepardize , March 22, 2012, Opinion Filed

11. Price, S200938, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3104 Shepardize , March 22, 2012, Opinion Filed

12. Nutter, S200935, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3114 Shepardize , March 22, 2012, Opinion Filed

13. Marlow, S200933, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3112 Shepardize , March 22, 2012, Opinion Filed

14. McGowan, S200934, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3102 Shepardize , March 22, 2012, Opinion Filed

15. Schliemann, S200940, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3117 Shepardize , March 22, 2012, Opinion Filed

16. People v. Powell (Carl Devon), S043520, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3096 Shepardize , March 22, 2012, Opinion Filed

17. People v. Parker (Gerald), S076169, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3099 Shepardize , March 22, 2012, Opinion Filed

18. People v. Jerry Z., S199289, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3095 Shepardize , March 22, 2012, Opinion Filed

19. Addicks on Resignation, S200885, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3094 Shepardize , March 22, 2012, Opinion Filed

20. Endsley III on Resignation, S200891, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3097 Shepardize , March 22, 2012, Opinion Filed

21. Mapes-Price on Resignation, S200932, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3093 Shepardize , March 22, 2012, Opinion Filed

22. Ayers on Resignation, S200889, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3101 Shepardize , March 22, 2012, Opinion Filed

23. Gordinier on Resignation, S200905, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3103 Shepardize , March 22, 2012, Opinion Filed

24. Gutierrez (Ubaldo Mio) on H.C., S199932, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3110 Shepardize , March 22, 2012, Opinion Filed

25. Morris (Condalee) on H.C., S200592, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3107 Shepardize , March 22, 2012, Opinion Filed

26. People v. Sanchez-Fuentes (Edgardo), S045423, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3113 Shepardize , March 22, 2012, Opinion Filed

27. People v. Lopez (Michael Augustine), S099549, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3116 Shepardize , March 22, 2012, Opinion Filed

28. Bryant (Stenley) on H.C., S200323, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3123 Shepardize , March 22, 2012, Opinion Filed

29. Brown (Steven Allen) on H.C., S200366, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3109 Shepardize , March 22, 2012, Opinion Filed

30. Balint (Michael) v. Court of Appeal, Second Appellate District, Division One (People), S196998, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3121 Shepardize , March 22, 2012, Opinion Filed

31. Salas (Vincente) v. Sierra Chemical Company, S196568, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3120 Shepardize , March 22, 2012, Opinion Filed

32. Wetlands v. City of L.A., S199392, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3142 Shepardize , March 21, 2012, Filed

33. Morning Star Co. v. Bd. of Equalization, S199417, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3137 Shepardize , March 21, 2012, Filed

34. Allende v. Dep't of the Cal. Highway Patrol, S199460, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3130 Shepardize , March 21, 2012, Filed

35. Aiuto v. City & County of San Francisco, S199624, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3126 Shepardize , March 21, 2012, Filed

36. People v. Bracamontes, S139702, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3125 Shepardize , March 21, 2012, Filed

37. People v. Casares, S025748, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3133 Shepardize , March 21, 2012, Filed

38. People v. Capers, S146939, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3128 Shepardize , March 21, 2012, Filed

39. People v. Henderson, S098318, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3135 Shepardize , March 21, 2012, Filed

40. Romero, S167166, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3132 Shepardize , March 21, 2012, Filed

41. Jurado, S181061, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3138 Shepardize , March 21, 2012, Filed

42. Houston, S190730, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3127 Shepardize , March 21, 2012, Filed

43. People v. Pineda, S150509, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3139 Shepardize , March 21, 2012, Filed

44. In re I.A., S199752, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3141 Shepardize , March 21, 2012, Filed

45. People v. James, S199845, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3131 Shepardize , March 21, 2012, Filed

46. Hill v. S.C. (people), S200148, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3124 Shepardize , March 21, 2012, Filed

47. McMillin-Ntc 138 Llc v. S.C., S200225, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3129 Shepardize , March 21, 2012, Filed

48. People v. Gomez, S087773, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3143 Shepardize , March 21, 2012, Filed

49. People v. Mataele, S138052, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3134 Shepardize , March 21, 2012, Filed

50. People v. Lamb, S166168, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3136 Shepardize , March 21, 2012, Filed

51. Wolf, S199053, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3140 Shepardize , March 21, 2012, Filed

52. People v. Zabalza, D058181, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 396 Shepardize , April 9, 2012, Opinion Filed

53. People v. Gabriel, B228244, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 395 Shepardize , February 28, 2012, Opinion Filed

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