California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, September 9, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, September 9, 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. Edwards, S073316, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6897 Shepardize , August 22, 2013, Filed 

CORE TERMS:  prosecutor, murder, prospective jurors, blackout, autopsy, misconduct, defense counsel, torture, pain, replied ... 

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, peace officers, reasonableness, knife, daughter, federal district ... 

3. Reilly v. Superior Court, S202280, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6651 Shepardize , August 19, 2013, Filed

 CORE TERMS:  protocol, evaluator's, sexually, violent, invalid, predator, probable cause, updated, materiality, mental disorders ... 

4. Western States Petroleum Assn. v. Board of Equalization, S200475, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6646 Shepardize , August 5, 2013, Filed 

CORE TERMS:  fixture, appraisal, economic impact, refinery, petroleum, real property, initial determination, separately, property tax, quasi-legislative ... 

5. Rose v. Bank of America, N.A., S199074, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 6521 Shepardize , August 1, 2013, Filed

 CORE TERMS:  state law, unfair competition law, federal statutes, business practice, disclosure, borrowing, borrow, repealed, unfair, Savings Act TISA ... 

6. Cho v. Chang, B239719, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 715 Shepardize , September 6, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** This case is certified for publication except for parts I, II and IV of the Discussion. 

CORE TERMS:  causes of action, cross-complaint, protected activity, probability, co-worker, prevailing, accusation, unprotected, declaration, infliction of emotional distress ...  

7. Petersil v. Santa Monica-Malibu Unified Sch. Dist., B240868, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 714 Shepardize , September 6, 2013, Opinion Filed 

CORE TERMS:  notice, school year, nonreelection, temporary, probationary, certificated employee, teacher, probationary employees, school district's, reelect ... 

8. People v. Wilson, H037262, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 713 Shepardize , September 5, 2013, Opinion Filed 

CORE TERMS:  prior convictions, sentencing, sentence, driving, bodily injury, infliction, gross vehicular manslaughter, intoxicated, personally, serious felony ... 

9. Barker v. Garza, B237916, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 672 Shepardize , August 22, 2013, Opinion Filed

CORE TERMS:  tolling, limitations period, controlled substance, statute of limitations, tolled, tolling provisions, marketing, user, statute of limitations, convicted ... 

10. Barry v. State Bar of California, B242054, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 670 Shepardize , August 21, 2013, Opinion Filed 

CORE TERMS:  attorney fees, subject matter jurisdiction, attorney fees, prevailing, awarding, jurisdiction to award, discipline, State Bar Act, attorney discipline, prevailing party ... 

11. People v. Ortega, E054882, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 669 Shepardize , August 21, 2013, Opinion Filed,  As modified Aug. 26, 2013.,  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 III., Modified by People v. Ortega, 2013 Cal. App. LEXIS 678 Shepardize  (Cal. App. 4th Dist., Aug. 26, 2013) 

CORE TERMS:  lewd act, statute of limitations, touching, limitations period, breast, started, original information, touched, sexual, door ... 

12. People v. Nguyen, E048880, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 663 Shepardize , August 20, 2013, Opinion Filed 

CORE TERMS:  sexually, violent, predator, mental disorder, recommitment, pedophilia, indeterminate, offender, commit, civil commitment ...

 13. 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, environmental impact, environmental, reduction, scoping, target, mitigation, threshold-of-significance, metric tons ... 

14. In re Patrick S. , D063016, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 653 Shepardize , August 15, 2013, Opinion Filed 

CORE TERMS:  placement, detriment, emotional, social worker, detrimental, juvenile, well-being, substantial evidence, custody, liberty interest ... 

15. People v. Persolve, LLC, F064571, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 654 Shepardize , August 15, 2013, Opinion Filed 

CORE TERMS:  litigation privilege, unfair competition law, federal act, unfair, cause of action, collection, Fair Debt Collection Practices Act, fraudulent, safe harbor, inoperable ... 

16. Coffey v. Shiomoto, G047562, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 656 Shepardize , August 15, 2013, Opinion Filed 

CORE TERMS:  driving, time of driving, alcohol, suspension, blood-alcohol, intoxication, driver, blood, circumstantial evidence, revocation ... 

17. People ex rel. Dept. of Transportation v. McNamara, H036228, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 646 Shepardize , August 14, 2013, Opinion Filed 

CORE TERMS:  precondemnation, market value, litigation expenses, de facto, valuation date, property's value, eminent domain action, announcement, condemnation, condemner ...

 18. King v. Wu, B239801, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 647 Shepardize , August 14, 2013, Opinion Filed

 CORE TERMS:  prescriptive easement, affirmative defense, summary adjudication, prescriptive, rented, strip, continuous possession, adverse use, predecessors, expiration ...

 19. In re D.N., B245303, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 652 Shepardize , August 14, 2013, Opinion Filed,  As modified Aug. 14, 2013.,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for partial publication with the exception of part I of the Discussion. 

CORE TERMS:  notice, tribe's, membership, roll, freedmen, eligible, blood", great-grandparents, birth dates, paternal grandmother ... 

20. In re Brown, B245677, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 648 Shepardize , August 14, 2013, Opinion Filed 

CORE TERMS:  robbery, trial counsel's, juvenile adjudication, juvenile, admit, defense counsel, ineffective assistance, prior conviction, grand theft, prior conviction allegations ...

 21. Brandwein v. Butler, D059413, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 675 Shepardize , August 9, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 23, 2013. 

CORE TERMS:  underwriter, broker, maritime, sea", insured, admiralty's, cause of action, demurrer, settlement agreement, salvage ...

 22. Purton v. Marriott Internat., Inc., D060475, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 607 Shepardize , July 31, 2013, Opinion Filed 

CORE TERMS:  alcohol, respondeat superior, scope of employment, intoxicated, vicarious liability, proximate cause, trier of fact, drive, summary judgment, foreseeable ... 

23. People v. Cuevas, A138062, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 655 Shepardize , July 31, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 15, 2013. 

CORE TERMS:  blood, reasonable manner, blood test, reasonableness, pain', police officer, seizure, driving, implied consent law, intrusions ... 

24. Jay v. Mahaffey, G047325, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 676 Shepardize , July 31, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 23, 2013. 

CORE TERMS:  partner, lease, malice, declaration, probable cause, cross-complaint, malicious prosecution claim, reply, partnership, cause of action ... 

25. Renewable Resources Coalition, Inc. v. Pebble Mines Corp., B234347B236218, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 599 Shepardize , July 30, 2013, Opinion Filed 

CORE TERMS:  cause of action, confidential, gravamen, free speech, right of petition, furtherance, lawsuit, protected activity, attorney fees, campaign ... 

26. In re Mary B., D063372, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 674 Shepardize , July 30, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 22, 2013. 

CORE TERMS:  juvenile, social worker, continuance, dependency, recommendation, custody, reopen, minor's counsel, detriment, out-of-home ... 

27. j2 Global Communications, Inc. v. City of Los Angeles, B241151, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 596 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  customer's, fax, telecommunication, user, taxation, undisputed facts, summary judgment, electronic mail, connect, refund ... 

28. In re A.H., H038633, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT,  2013 Cal. App. LEXIS 597 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  notice, mailing, juvenile, notification, advisement, review hearing, order setting, clerk's, writ petition, process server ... 

29. Hudec v. Superior Court, G047465, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 595 Shepardize , July 26, 2013, Opinion Filed 

CORE TERMS:  criminal proceedings, proof beyond, reasonable doubt, self-incrimination, rights guaranteed, state constitutions, plain meaning, unanimous, legislative intent, civil commitment ... 

30. Hebberd-Kulow Enterprises, Inc. v. Kelomar, Inc., D060438, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 593 Shepardize , July 25, 2013, Opinion Filed 

CORE TERMS:  invoice, limine, matter of law, final expression, parties agreed, parol evidence, declaration, merchants, mirror image, late payments ... 

31. Masonite Corp. v. County of Mendocino, A134896, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 590 Shepardize , July 25, 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.B., II.D., II.E., and II.F. 

CORE TERMS:  farmland, agricultural, mitigation, agricultural land, environmental, conservation easements, mitigate, prime, acre, offsite ... 

32. 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, security officer, personnel, informant, personnel records, civil proceedings  

33. People v. Culbert, No. B238633, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 584 Shepardize , July 24, 2013, Opinion Filed 

CORE TERMS:  firearm, felony", gun, misdemeanor, ammunition, unloaded, trigger, assault, bathroom, sentence enhancement ... 

34. Estrada v. City of Los Angeles, B242202, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 581 Shepardize ; 78 Cal. Comp. Cases 840, July 24, 2013, Opinion Filed,  Petitions for Depublication Filed in Supreme Court August 21, 2013 

CORE TERMS:  volunteer, reserve officer, civil service rules, charter, disability, appointed, compensation benefits, remuneration, italics, cause of action ... 

35. Rayii v. Gatica, B236626, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 665 Shepardize , July 24, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 20, 2013. 

CORE TERMS:  collision, new trial, misconduct, admonition, warehouse, nonresponsive, time of injury, abuse of discretion, knee, evidence to support ... 

36. Cox v. Los Angeles Unified School Dist., B239693, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 671 Shepardize , July 23, 2013, Opinion Filed, July 23, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 21, 2013. 

CORE TERMS:  school year, probationary employee, maternity, declaration, teachers, probationary status, leave of absence, evidentiary, construing, classified ... 

37. Dreyer's Grand Ice Cream, Inc. v. County of Kern, No. F064154, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 621 Shepardize , July 22, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 6, 2013. 

CORE TERMS:  external, obsolescence, underutilization, assessor's, replacement, valuation, handbook, ice cream, novelty, depreciation ...

 38. Hendleman v. Los Altos Apartments, L.P., B235404, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 664 Shepardize , July 22, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 20, 2013. 

CORE TERMS:  tenant, rent, landlord, certification, cause of action, notice, reduction, nuisance, class certification, apartment ...

 39. Thrifty Payless, Inc. v. The Americana at Brand, LLC, B242573, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 650 Shepardize , July 19, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 14, 2013. 

CORE TERMS:  lease, estimate, tenant, landlord, mutual mistake, misrepresentation, shopping center, common area, parol evidence rule, square footage ... 

40. Baughman v. Walt Disney World Co., G046470, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 566 Shepardize , July 18, 2013, Opinion Filed,  As modified July 31, 2013., Modified by Baughman v. Walt Disney World Co., 2013 Cal. App. LEXIS 611 Shepardize  (Cal. App. 4th Dist., July 31, 2013) 

CORE TERMS:  accommodation, rider, summary judgment, disability, wheelchair, Civil Rights, cause of action, scooter, lawsuit, guests ... 

41. People v. Denman, E053798, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 619 Shepardize , July 12, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 5, 2013. 

CORE TERMS:  quitclaim deeds, declaration, homestead, conduct credits, enhancement, felony, fine, deed, cloud, recorded ... 

42. Citizens for Ceres v. Superior Court, F065690, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 532 Shepardize , July 8, 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 III., IV., and V. of the Discussion.

CORE TERMS:  common interest, administrative record, challenger, disclosure, developer, environmental, attorney-client, attorney work product, discovery, log ... 

43. State Farm General Ins. Co. v. Workers' Comp. Appeals Bd., B240742, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 592 Shepardize ; 78 Cal. Comp. Cases 758, July 1, 2013, Opinion Filed,  As modified Aug. 13, 2013.,  Certified for Publication by Court of Appeal July 25, 2013Modified by State Farm General Ins. Co. v. Workers' Comp. Appeals Bd., 2013 Cal. App. LEXIS 645 Shepardize  (Cal. App. 2d Dist., Aug. 13, 2013) 

CORE TERMS:  reimbursement, workers' compensation, reconsideration, res judicata, jointly, solvent, insurer, judicial review, severally liable, covered claims ... 

44. Littlefield v. County of Humboldt, A135628, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 589 Shepardize , June 28, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 25, 2013. 

CORE TERMS:  marijuana, 'patient's, recommendation, possessed, quantity, seized, controlled substances, summary judgment, suspected, probable cause ... 

45. Save the Plastic Bag Coalition v. County of Marin, A133868, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 588 Shepardize, June 25, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION* * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, the opinion is certified for publication with the exception of parts 4., 5., 6., and 7. of the Discussion.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 25, 2013. 

CORE TERMS:  ordinance, exemption, plastic bags, paper bags, environmental, bag, categorical exemption, single-use, public agency, exempt ... 

46. Acuna v. San Diego Gas & Electric Co., D060064, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 564 Shepardize , June 19, 2013, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** This opinion is certified for publication with the exception of parts IV. and V. of the Discussion.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 18, 2013. 

CORE TERMS:  disability, notice, right-to-sue, termination, retaliation, harassment, equitable tolling, cause of action, accommodation, continuing violations ... 

47. NIVO 1 LLC v. Antunez, No. BV030104, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, 2013 Cal. App. LEXIS 535 Shepardize , July 5, 2013, Opinion Filed 

CORE TERMS:  tenant, landlord, material breach, forfeiture, tenancy, notice, renter's, failure to maintain, lease, lease agreement ...  

Index of actions without opinion 

1. In re Abram L., B245706, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 712 Shepardize , September 5, 2013, Opinion Filed 

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