California Official Reports: Electronic Advance Sheet – Court Opinions For Tuesday, August 20, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Tuesday, August 20, 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. Reilly v. Superior Court, S202280, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6651 Shepardize , August 19, 2013, Filed 

CORE TERMS:  protocol, evaluator's, invalid, probable cause', sexually, violent, updated, Administrative Law, material error, irregularities ...  

2. Hayes v. County of San Diego, S193997, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6652 Shepardize , August 19, 2013, Filed 

CORE TERMS:  deadly force, preshooting, deputies, shooting, suicide, knife, daughter, federal district, peace officers, duty of care ... 

3. People v. Smith, S201186, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6013 Shepardize , July 18, 2013, Filed 

CORE TERMS:  lesser, lesser offense, executive officer, violating, accusatory pleading, resisting, violence, instruct, deputy, deter ... 

4. People v. Johnson, S202790, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6012 Shepardize , July 18, 2013, Filed 

CORE TERMS:  conspiracy, gang, commit, overt act, conspiracy to commit, gang's members, shooting, agreement to commit, murder, substantive offense ... 

5. Friends of Oroville v. City of Oroville, C070448, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 661 Shepardize , August 19, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, only the introduction, the Factual and Procedural Background, the Standard of Review at the beginning of the Discussion, part III.A. of the Discussion, and the Disposition of this opinion are certified for publication. 

CORE TERMS:  emission, greenhouse, reduction, environmental impact, target, mitigation, metric tons, threshold-of-significance, environmental, energy ... 

6. California Science Center v. State Personnel Bd., B244387, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 660 Shepardize , July 25, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 16, 2013. 

CORE TERMS:  termination, terminated, exclusionary rule, substantial evidence, dishonest, civil service commission, security officer, personnel, informant, personnel records ... 

7. Bank of America, N.A. v. Roberts, F064109, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 563 Shepardize , July 17, 2013, Opinion Filed 

CORE TERMS:  short sale, foreclosure, deed of trust, home equity, deficiency judgment, summary judgment, cause of action, real property, unclean hands, retroactive application ... 

8. People v. Pirali, H038349, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 560 Shepardize , July 17, 2013, Opinion Filed 

CORE TERMS:  internet, probation conditions, probation, probation officer, sexually, pornographic, restricting, electronic devices, overbreadth, modified ... 

9. People v. Ford, A135733, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 558 Shepardize , July 17, 2013, Opinion Filed 

CORE TERMS:  restitution, probation, victim restitution, restitution order, jurisdiction to award, amount of restitution, time of sentencing, ascertained, sentence, modify ... 

10. May v. City of Milpitas, H038338, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 557 Shepardize , July 16, 2013, Opinion Filed 

CORE TERMS:  exemption, specific plan, environmental, environmental impact report, statute of limitations, limitations periods, exempt, notice, estoppel, demurrer ... 

11. Malin v. Singer, B237804, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 556 Shepardize , July 16, 2013, Opinion Filed

CORE TERMS:  extortion, demand letter, cause of action, matter of law, prevailing, lawsuit, protected activity, wiretapping, litigation privilege, hacking ... 

12. Lopez v. Brown, B239730, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 545 Shepardize , July 11, 2013, Opinion Filed 

CORE TERMS:  overdetention, demurrer, class certification, appealable, class members, release date, certification, inmate, putative, sentence ... 

13. People v. Barclay, H038109, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 547 Shepardize , July 11, 2013, Opinion Filed 

CORE TERMS:  felony, juvenile adjudications, vehicular manslaughter, felony violation, juvenile, elevation, driving, plain language, elevate, 'misdemeanor ... 

14. Latinos Unidos Del Valle De Napa Y Solano v. County of Napa, A135094, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 548 Shepardize , July 11, 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 I. and III. of the Discussion. 

CORE TERMS:  bonus, density, developer, ordinance, housing, affordable housing, affordable, construct', state law, certain percentage ... 

15. People v. Weber, C060135, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 540 Shepardize , July 10, 2013, Opinion Filed 

CORE TERMS:  self-representation, waive counsel, competency, sentencing, firearm, ammunition, probation, sentence, flag, public defender ... 

16. Orange Citizens for Parks & Recreation v. Superior Court, G047013, G047219, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 539 Shepardize , July 10, 2013, Opinion Filed 

CORE TERMS:  general plan, acre, plan amendment, open space--, designation, map, planning, density, zoning, specific plan ... 

17. In re E.D., C072238, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 537 Shepardize , July 9, 2013, Opinion Filed 

CORE TERMS:  juvenile, detriment, substantial risk of detriment, maternal grandmother, girlfriend, reunification services, emotional, parental custody, parenting, placement ... 

18. Bender v. County of Los Angeles, B236294, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 536 Shepardize , July 9, 2013, Opinion Filed 

CORE TERMS:  deputy, coercion, Bane Act, arrest, excessive force, intimidation, multiplier, probable cause, attorney fees, technology ... 

19. Boeken v. Philip Morris USA Inc., B236875, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 538 Shepardize , July 9, 2013, 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, parts II. and III. 

CORE TERMS:  wrongful death, death actions, decedent's, mandatory, loss of consortium, invalid, prejudgment interest, consortium, comfort, pecuniary ... 

20. People v. Davis, E056019, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 570 Shepardize , June 28, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 19, 2013. 

CORE TERMS:  informant, in-custody, connect, accomplice, corroboration, instruct, corroborated, investigator, corroborating evidence, jail ... 

21. In re H.K., B242800, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 565 Shepardize , June 26, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 18, 2013. 

CORE TERMS:  placement, manslaughter, homicide, voluntary manslaughter, fundamental right, juvenile, murder, exemption, convicted, maternal aunt ... 

22. In re A.M., A136436, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 541 Shepardize , June 19, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 10, 2013. 

CORE TERMS:  juvenile, reunification services, reunification, best interest, fracture, baby, guardian, clear and convincing evidence, bypass, severe ... 

23. Diamond v. Superior Court, H038734, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 561 Shepardize , June 18, 2013, Opinion Filed,  As modified July 12, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 12, 2013. 

CORE TERMS:  notice, notice requirements, assessment lien, recorded, homeowner's, dispute resolution, foreclosure, delinquent assessment, separate interest, condominium ...

 24. Fortner v. Superior Court, No. H038353, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 559 Shepardize , June 18, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 17, 2013.  

CORE TERMS:  territorial jurisdiction, prostitute, criminal acts, territorial, "consummated", Criminal Law, preparatory act, "detrimental, punch, domestic violence ... 

25. Beaumont-Jacques v. Farmers Group, Inc., B239855, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 546 Shepardize , June 12, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 11, 2013. 

CORE TERMS:  independent contractor, manager, matter of law, causes of action, summary judgment, employment relationship, right to control, triable, insurers, desired ... 

Index of actions without opinion 

1. Wisdom v. Accentcare, Inc., S200128, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6229 Shepardize , July 24, 2013, Filed 

2. People v. Scott, S211670, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6309 Shepardize , July 24, 2013, Filed

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