California Official Reports: Electronic Advance Sheet For Thursday, April 5, 2012

California Official Reports: Electronic Advance Sheet For Thursday, April 5, 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. People v. Self, D058656, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 382 Shepardize , April 4, 2012, Opinion Filed

CORE TERMS: driving, notation, qualifying, record of conviction, impairment, slightest, sentence, prior conviction, convicted, sentence enhancement ...

2. Wells Fargo Bank v. Baker, D058987, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 383 Shepardize , April 4, 2012, Opinion Filed

CORE TERMS: national bank, sister state judgment, certificate of authority, resident, natural persons, state laws, service of process, secretary, lawsuit, personal jurisdiction ...

3. People v. Finney, No. B230471, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2012 Cal. App. LEXIS 376 Shepardize , April 3, 2012, Opinion Filed

OVERVIEW: Because two prior assaults separately committed on the same victim did not arise from a single criminal act, the trial court did not abuse its discretion in denying defendant's motion to strike one or both prior strike convictions under Pen. Code, §§ 667, 1170.12, and in sentencing him under the three strikes law for assault with a deadly weapon.

CORE TERMS: prior convictions, single act, assault, convicted, kicked, times, minutes, course of conduct, violent felony, carjacking ...

4. People v. Gray, B236337, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2012 Cal. App. LEXIS 377 Shepardize , April 3, 2012, Opinion Filed

OVERVIEW: In a failure to stop at a red light case, appellate court rejected defendant's claim that city should have provided another 30-day warning notice period and public announcement pursuant to Veh. Code, § 21445.5, subd. (b), when automated traffic enforcement system equipment became operational at the intersection where defendant's violation occurred.

CORE TERMS: intersection, traffic, automated, local jurisdiction, warning notice, public announcement, issuing, commencement, highway, governmental agency ...

5. Taiheiyo Cement U.S.A., Inc. v. Franchise Tax Bd., B226067, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 282 Shepardize , March 13, 2012, Filed

OVERVIEW: Enterprise zone sales and use tax credits that a taxpayer had claimed for the purchase of current expense assets were properly disallowed because the credit provided by Rev. & Tax. Code, § 23612.2, was not available in connection with the purchase of current expense assets but only in connection with the purchase of capital assets.

CORE TERMS: qualified property, tax credit, enterprise zones, capital assets, taxable year, ftb, depreciation, current expense, machinery, elect ...

6. DeWitt v. Monterey Ins. Co., D057887, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2012 Cal. App. LEXIS 283 Shepardize , March 13, 2012, Filed

OVERVIEW: In an action against insurers that declined to defend a third party claim, plaintiff was not entitled to an instruction on bad faith refusal to settle because he failed to show that the insurers assumed a duty to defend (waiving right to contest coverage) or that coverage had been determined, and did not request that the jury determine coverage.

CORE TERMS: insurer, coverage, insured, duty to defend, settlement offer, settle, bad faith claim, policy limits, instruct, duty to indemnify ...

7. Cate v. State Personnel Bd., E053011, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2012 Cal. App. LEXIS 284 Shepardize , March 13, 2012, Filed

OVERVIEW: Termination was the appropriate penalty for a correctional officer's misconduct in telling an inmate to hang herself, dishonesty, and discourtesy toward another officer. An administrative law judge's finding of insufficient evidence, based on a credibility determination on the record, did not merit deference under Gov. Code, § 11425.50, subd. (b).

CORE TERMS: inmate, correctional officers, spb, cell, conversation, hang, credibility, administrative law, termination, misconduct ...

Index of actions without opinion

1. In re Cipro Cases I & II, S198616, SUPREME COURT OF CALIFORNIA, 2012 Cal. LEXIS 3088 Shepardize , March 5, 2012, Opinion Filed

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