California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, July 17, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, July 17, 2013

The Shepard's Link(TM) feature has created hyperlinks to www.lexis.com

 

Find a LexisNexis Sales Representative Browse Legal Bookstore Search Court Records Feedback

 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. Linton, S080054, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 5338 Shepardize , June 27, 2013, Filed 

CORE TERMS:  juror, interview, prosecutor's, confession, detectives, misconduct, phase, foreperson, interrogation, district attorney ... 

2. Robey v. Superior Court, S197735, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 5387 Shepardize , June 27, 2013, Filed 

CORE TERMS:  container, package, marijuana, warrantless search, seizure, smell, contraband, probable cause, seized, mobility ... 

3. In re Marriage of Green, S203561, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 5235 Shepardize , June 24, 2013, Filed 

CORE TERMS:  marriage, service credit, retirement benefits, military service, separate property, pension, community property, military, retirement, expectancy ... 

4. County of Los Angeles v. Los Angeles County Employee Relations Com., S191944, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 4692 Shepardize , May 30, 2013, Filed 

CORE TERMS:  disclosure, privacy, nonmember, notice, collective bargaining, privacy interest, bargain, presumptively, invasion, balancing ... 

5. POET v. California Air Resources Bd., F064045, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 554 Shepardize , July 15, 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 part V. of the Discussion. 

CORE TERMS:  fuel, emission, carbon, mitigation measures, biodiesel, guideline, environmental, executive officer, intensity, regulatory program ... 

6. People v. Jones, C059440, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 519 Shepardize , June 28, 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 IV. 

CORE TERMS:  sentence, probable cause, maximum term, plea agreement, sentencing, search warrant, stale, consecutive, contest, probation ... 

7. In re Oscar A., D062817, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 521 Shepardize , June 28, 2013, Opinion Filed 

CORE TERMS:  placement, in-state, probation officer, out-of-state, juvenile, unavailable, probation, district attorney filed, permission, violated probation ... 

8. Jointer v. Superior Court, G047824, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 520 Shepardize , June 28, 2013, Opinion Filed 

CORE TERMS:  testing, favorable, reasonable probability--, robber's, robbery, supervisor, bottle, hair, fingerprint, water bottle ... 

9. DeLuca v. State Fish Co., Inc., B240597, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 515 Shepardize , June 27, 2013, Opinion Filed 

CORE TERMS:  fish, testifying, work product, disqualification, consulting, conveyed, confidential information, discovery, attorney-client, plant ... 

10. Interstate Specialty Marketing, Inc. v. ICRA Sapphire, Inc., G047376, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 513 Shepardize , June 27, 2013, Opinion Filed 

CORE TERMS:  safe harbor, summary judgment, verified, amend, bad faith, monetary, admit, ex parte, cross-complaint, legible ... 

11. Ibarra v. Superior Court, B244824, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 517 Shepardize , June 27, 2013, Opinion Filed

 CORE TERMS:  photograph, disclosure, peace officers, confidential, officer personnel records, invasion, official information, unwarranted, discovery, inspection ... 

12. Los Angeles Unified School Dist. v. County of Los Angeles, B243849, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 509 Shepardize , June 26, 2013, Opinion Filed 

CORE TERMS:  tax revenue, 'flip, triple, swap, property tax, fiscal year, passthrough, allocated, diverted, entity ... 

13. Wittenburg v. Beachwalk Homeowners Assn., G046891, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 512 Shepardize , June 26, 2013, Opinion Filed 

CORE TERMS:  election, homeowner, media, board members, common areas, point of view, newsletter, "campaign", ballot, advocacy ... 

14. People v. Wilcox, C069826, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 508 Shepardize , June 26, 2013, Opinion Filed 

CORE TERMS:  Realignment Act's, sentence, probation, county jail, prison term, suspended, sentenced, state prison, sentencing, modify ... 

15. In re S.E., B244326, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 511 Shepardize , June 26, 2013, Opinion Filed 

CORE TERMS:  notice, tribe, guardianship, heritage, ancestor's, juvenile, maternal grandparents, maternal grandmother, registered, harmless error ... 

16. Curry v. Superior Court, G047000, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 507 Shepardize , June 25, 2013, Opinion Filed

CORE TERMS:  testing, preliminary hearing, nicotine, reliability, lab, poisoning, expert opinions, investigator, scientific, toxicology ... 

17. Straley v. Gamble, B240380, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 503 Shepardize , June 25, 2013, Opinion Filed 

CORE TERMS:  laches, contest, trust's assets, notice of hearing, hearing date, administered, speculation, statute of limitations, adverse party, unreasonable delay ... 

18. People v. Hernandez, E054160, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 502 Shepardize , June 25, 2013, Opinion Filed 

CORE TERMS:  gun, unanimity instruction, firearm, prosecutor, continuous, juror, ammunition, harmless, night, reasonable doubt ... 

19. Save Panoche Valley v. San Benito County, H037599, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 504 Shepardize , June 25, 2013, Opinion Filed 

CORE TERMS:  valley, mitigation measures, Williamson Act, mitigation, environmental, solar, energy, cancellation, conservation, agricultural ... 

20. People v. Parker, No. B243010, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 499 Shepardize , June 24, 2013, Opinion Filed 

CORE TERMS:  probation, "probationer", sentence, prison term, prison authority, prison, suspended, Criminal Law, retains jurisdiction, state prison ... 

21. Cann v. Stefanec, B243396, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 497 Shepardize , June 24, 2013, Opinion Filed 

CORE TERMS:  sport, coparticipant's, dropped, summary judgment, assumption of risk, swimmer, training, team, coach, pushups ... 

22. In re M.P., H038640, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 496 Shepardize , June 21, 2013, Opinion Filed 

CORE TERMS:  juvenile, guardian ad litem, dependency proceeding, appointment, mental health, competency, incompetent, dependency, criminal proceedings, dependency case ... 

23. People v. Leath, B239508, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 491 Shepardize , June 20, 2013, Opinion Filed 

CORE TERMS:  detention, robbery, identification, street, identification card, seizure, door, dark, probable cause, encounter ... 

24. Flores v. Chevron U.S.A. Inc., B240477, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 490 Shepardize , June 20, 2013, Opinion Filed 

CORE TERMS:  credit cards, identification, special purpose, ZIP, incidental, customer, theft, fraudulent, requesting, prevention ... 

25. Thompson v. Automobile Club of Southern California, G046759, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 518 Shepardize , June 7, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 27, 2013. 

CORE TERMS:  membership, renewal, class actions, class members, certification, class certification, renew, ascertainable, predominate, class representatives ... 

26. Leos v. Darden Restaurants, Inc., B241630, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 498 Shepardize , June 4, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 24, 2013. 

CORE TERMS:  arbitration, discovery, arbitration agreements, unconscionable, unconscionability, arbitration provision, arbitrator, modification, compel arbitration, italics ... 

27. Burrill v. Nair, C068998, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 492 Shepardize , June 3, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 20, 2013. 

CORE TERMS:  cause of action, defamation, probability, prevailing, custody, libel, actual malice, medication, slander, perjury ... 

28. In re Marriage of Greenway, G045949, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 510 Shepardize , June 3, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 26, 2013. 

CORE TERMS:  marriage, dementia, mental capacity, dissolution, irreconcilable differences, divorce, legal separation, powers of attorney, impairment, severe ... 

29. Neighbors for Fair Planning v. City and County of San Francisco, A135745, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 506 Shepardize , May 31, 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 parts II.-VI.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 25, 2013. 

CORE TERMS:  environmental, housing, density, environmental review, staff, developer, project's approval, affordable housing, predevelopment, supervisor's ... 

30. In re E.T., B243407, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 495 Shepardize , May 30, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 21, 2013. 

CORE TERMS:  custody, presumed father, placement, visitation, biological father, paternity, maternal grandmother, visitation order, maternal, moot ... 

31. People v. Hurtado, B246330, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 415 Shepardize , May 28, 2013, Opinion Filed 

CORE TERMS:  resentencing, sentence, substantial right, inmate, commitment offenses, appealable, offender, violent felony, degree burglary, vacate ... 

32. Drake v. Pinkham, C068747, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 493 Shepardize , May 28, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 21, 2013. 

CORE TERMS:  settlor, beneficiary, cause of action, summary judgment, power to revoke, laches, revocable, revocable trust, person holding, incompetent ... 

33. Heyen v. Safeway Inc., B237418, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 409 Shepardize, May 23, 2013, Opinion Filed 

CORE TERMS:  exempt, nonexempt, manager, exemption, customer, spent, 'hourly, assistant manager, wage order, performing ... 

34. In re John M., B243107, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 494 Shepardize , May 23, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 21, 2013. 

CORE TERMS:  custody, dependency, placement, nonoffending, noncustodial parent, noncustodial, incarcerated parent, jurisdictional, detriment, domestic violence ... 

Index of actions without opinion 

1. People v. Buza, S196200, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 5627 Shepardize , July 10, 2013, Filed 

2. Holland v. Superior Court , H038872, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 555 Shepardize , June 26, 2013, Opinion Filed 

© 2012 LexisNexis, Division of Reed Elsevier Inc. Terms and Conditions

For more information about LexisNexis products and solutions, connect with us through our corporate site.