California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, October 21, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, October 21, 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. *** v. Kislinger, S201619, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 7982 Shepardize , October 3, 2013, Filed 

CORE TERMS:  causes of action, judgment rule, appealable, statute of limitations, interlocutory judgment, dismissed counts, interlocutory, disposing, finality, dispose ... 

2. Wallis v. PHL Associates, Inc., C066545, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 837 Shepardize , October 17, 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 I, II, IV, V and VI. 

CORE TERMS:  antigen, statement of decision, conversion, vaccine, tentative decision, constructive trust, equitable, cross-complaint, causes of action, receiver ... 

3. Chapman v. Skype Inc., B241398, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 794 Shepardize , October 4, 2013, Opinion Filed 

CORE TERMS:  false advertising, consumer, misrepresentation, unlimited, usage, demurrer, subscription, restitution, notice, deceptive ... 

4. City of Bell v. Superior Court, B247362, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 795 Shepardize , October 4, 2013, Opinion Filed,  As modified Oct. 9, 2013., Modified by City of Bell v. Superior Court, 2013 Cal. App. LEXIS 809 Shepardize  (Cal. App. 2d Dist., Oct. 9, 2013) 

CORE TERMS:  public entity, indemnity, public employee, indemnification, criminal actions, indemnity agreement, duty to defend, indemnitee, indemnify, employment contract ... 

5. Yee v. Cheung, D060989, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 792 Shepardize , October 4, 2013, Opinion Filed 

CORE TERMS:  malicious prosecution, probable cause, malicious prosecution, statute of limitations, demurrer, cause of action, wrongful act, omission", malpractice, nonsuit ... 

6. People v. Reece, H038356, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 793 Shepardize , October 4, 2013, Opinion Filed 

CORE TERMS:  sentence, county jail, state prison, Realignment Act, incarceration, offender, probation, felony, prison, realignment ... 

7. GetFugu, Inc. v. Patton Boggs LLP, B231794, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 789 Shepardize , October 3, 2013, Opinion Filed 

CORE TERMS:  press release, litigation privilege, defamation claim, declaration, defamation, cause of action, public interest, privileged, actionable, investigating ... 

8. People v. Juhasz, C068288, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 788 Shepardize , October 3, 2013, Opinion Filed 

CORE TERMS:  drug treatment, nonviolent, offender, ineligible, unamenable, probation, state prison, treatment programs, prior record, prior case ... 

9. People v. Valenzuela, H038658, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 790 Shepardize , October 3, 2013, Opinion Filed 

CORE TERMS:  fine, ability to pay, booking, forfeiture, prevention, penalty assessment, inability to pay, de minimis, restitution, guidelines ... 

10. Owens v. County of Los Angeles, B242291, B242393, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 787 Shepardize , October 2, 2013, Opinion Filed 

CORE TERMS:  election, settlement, voter, settlement agreement, ballot materials, class actions, judicial estoppel, campaign, "impartial, ordinance ... 

11. People v. Jacobs, H038082, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 784 Shepardize , October 1, 2013, Opinion Filed 

CORE TERMS:  custody, sentence, presentence, presentence custody, conduct credit, credited, unrelated, custody credits, sentencing, presentence credit ... 

12. Halliburton Energy Services, Inc. v. Department of Transportation, F064888F064935F064950, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 785 Shepardize , October 1, 2013, Opinion Filed

CORE TERMS:  respondeat superior, trip, commute, scope of employment, coming rule, incidental benefit, deviation, driving, foreseeability, employer's business ... 

13. In re M.R., A137586, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 783 Shepardize , September 27, 2013, Opinion Filed 

CORE TERMS:  juvenile, contempt, confinement, contempt proceeding, contemptuous, truancy, appealable, habitual, truant, delinquents ... 

14. Mave Enterprises, Inc. v. Travelers Indemnity Co., B241807, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 773 Shepardize , September 26, 2013, Opinion Filed 

CORE TERMS:  arbitrator's, arbitration, arbitration award, federal district, punitive damages, vacate, procedural provisions, ratio, judicial review, insurer ... 

15. People v. Sievert, C072168, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 774 Shepardize , September 26, 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 II of the Discussion. 

CORE TERMS:  unconsciousness, sua sponte, sua, conscious, instruct, sponte duty to instruct, mental element, affirmative defenses, reasonable doubt, negate ... 

16. Benson v. Marin County Assessment Appeals Bd., A134340, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 775 Shepardize , September 26, 2013, Opinion Filed 

CORE TERMS:  joint tenancies, change in ownership, task force, transferor, joint tenants, termination, reappraisal, tenancy in common, property tax, reassessment ... 

17. Simpson v. The Kroger Corp., B242405, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 769 Shepardize , September 25, 2013, Opinion Filed 

CORE TERMS:  food, butter, labeling, milk, label, margarine, preemption, "spread", milk product, preempted ... 

18. A.H. v. Superior Court, A137236A137408, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 770 Shepardize , September 25, 2013, Opinion Filed 

CORE TERMS:  probate, juvenile, guardianship, grandmother, guardian's, predependency, custody, terminate, dependency proceedings, termination ... 

19. Meddock v. County of Yolo, C070262, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 791 Shepardize , September 10, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 3, 2013.

 CORE TERMS:  'immunity, public property, natural condition, parking lot, unimproved, dangerous condition, unimproved property, improved, public entity, recreational ... 

20. Andreini & Co. v. MacCorkle Ins. Service, Inc., A133473, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 771 Shepardize , September 9, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published September 25, 2013. 

CORE TERMS:  letter of credit, deposit, interest expenses, appeal bond, borrow, retroactive application, surety bond, strictly construed, retroactivity, borrowed ... 

21. Peng v. First Republic Bank, A135503, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 772 Shepardize , August 29, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published September 26, 2013.Modified by Peng v. First Republic Bank, 2013 Cal. App. LEXIS 786 Shepardize  (Cal. App. 1st Dist., Oct. 2, 2013)

CORE TERMS:  arbitration, unconscionable, unconscionability, arbitration agreements, aaa, agreement to arbitrate, substantively, modification, procedurally, bargaining ... 

22. Rossberg v. Bank of America, N.A., G047028, G047355, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 776 Shepardize , August 27, 2013, Opinion Filed,  As modified Sept. 26, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published September 26, 2013. 

CORE TERMS:  notice of default, modification, cause of action, recorded, deeds of trust, deeds, borrower's, nonjudicial foreclosure, trustor-debtor, foreclosure ... 

23. 420 Caregivers, LLC v. City of Los Angeles, B230436, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2012 Cal. App. LEXIS 1344 Shepardize , July 3, 2012, Opinion Filed,  ORDERED PARTIALLY PUBLISHED** Reporter's Note: This opinion, filed for publication July 3, 2012, and modified July 19, 2012, was granted review September 19, 2012, S204684. On July 31, 2013, review was dismissed and the cause remanded. On September 25, 2013, the Supreme Court ordered partial publication of the Court of Appeal's opinion as modified (the modification is incorporated herein). Part III. of the Discussion, originally published by the Court of Appeal, is consistent with, but has since been superseded by, City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc. (2013) [156 Cal. Rptr. 3d 409, 300 P.3d 494]. To avoid confusion, part III. has therefore not been ordered republished by the Supreme Court. "The Supreme Court may ... order publication of an opinion, in whole or in part, at any time after granting review." (Cal. Rules of Court, rule 8.1105(e)(2).) 

CORE TERMS:  ordinance, marijuana, privacy, patient, classification, equal protection, register, "dispensary", privacy right, invasion ... 

Index of actions without opinion 

No new actions since last update.

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