California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, November 8, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, November 8, 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. Volpei v. County of Ventura, No. B243954, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 903 Shepardize , November 7, 2013, Opinion Filed 

CORE TERMS:  arbitration, grievance, judicial forum, statutory claim, agreement to arbitrate, discrimination claims, unmistakably, waive, employee rights, arbitration provision ... 

2. Hupp v. Freedom Communs., E057390, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 906 Shepardize , November 7, 2013, Opinion Filed 

CORE TERMS:  register, anti-slapp, user, public interest, continuance, ex parte, furtherance, website, proof of service, calendar ... 

3. Vesco v. Superior Court, No. B249447, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 897 Shepardize , November 6, 2013, Opinion Filed 

CORE TERMS:  accommodation, continuance, real party in interest's, disability, notice, medical records, peace officer's, confidential, procedures employed, ex parte ... 

4. Cal-Western Business Services, Inc. v. Corning Capital Group, B241714, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 899 Shepardize , November 6, 2013, Opinion Filed 

CORE TERMS:  suspended, assignee, assignor's, capacity to sue, corporate powers, assigned, notice, pay taxes, suspension, fraudulent ... 

5. In re Shannon M., A136730, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 898 Shepardize , November 6, 2013, Opinion Filed 

CORE TERMS:  nonminor, dependency jurisdiction, termination, terminate, juvenile, terminated, foster care, placement, CFCS Act, foster care ... 

6. Parker v. State, F062490, F062709, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 902 Shepardize , November 6, 2013, Opinion Filed 

CORE TERMS:  ammunition, handgun, cartridge, facial challenge, firearm, principally, vendor, vagueness, facial, rifle ... 

7. South County Citizens for Smart Growth v. County of Nevada, C067764, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 900 Shepardize , October 8, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 6, 2013. 

CORE TERMS:  staff, revised, environmental, feasible, traffic, site, new information", recirculate, designation, approve ... 

8. In re Luke H., C071016, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. Unpub. LEXIS 7998 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  juvenile, sibling, visitation, modification, nondependent, dependent child, visitation order, constitutional right, emotional damage, contested ... 

9. Shokohi v. Wells Fargo Bank, No. B247526, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. Unpub. LEXIS 7997 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  reconsideration, causes of action, statute of limitations, head injury, memory loss, toll, medical disabilities, disability, matter of law, order granting ... 

10. People v. King, B245989, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. Unpub. LEXIS 8001 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  petty theft, tires, convicted, burglary, prior convictions, state prison, sentenced, contest, deputy, residential burglary ... 

11. People v. Evans, A133916, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. Unpub. LEXIS 7999 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  conduct credits, sentence, custody, enhanced, calculated, sentenced, prisoner, shotgun, prior law, firearm ... 

12. Ldi Growth v. Jpmorgan Chase Bank, N.A., A136021, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. Unpub. LEXIS 7995 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  delivery, declaration, summary judgment, payee, summary adjudication, conversion, authorized to receive, cause of action, contradict, conversion claim ... 

13. Mitchelson v. Sunset Marquis Hotel, B241782, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. Unpub. LEXIS 8007 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  sidewalk, hotel, trivial, alteration, driveway, summary judgment, matter of law, abutting, altered, landowner ... 

14. People v. Gonzales, B242748, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. Unpub. LEXIS 8005 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  detective, riverbed, gun, custody, arrived, interrogation, suppress, videotaped, police station, scene ... 

15. People v. Dollar, B244830, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. Unpub. LEXIS 8002 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  ability to pay, booking, jail, convicted, criminal justice, arresting, arrest, fee imposed, county jail, community college district ... 

16. V.L. v. Christopher L., B248361, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. Unpub. LEXIS 8004 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  visitation, juvenile, parental rights, social worker, termination, parent-child, therapist, caregiver, reunification services, emotional ...

17. In re K.S., B246773, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. Unpub. LEXIS 8003 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  juvenile, drug test, placement, custody, social worker, removing, drug testing, substantial evidence, foster parents, substance abuse ... 

18. People v. Hill, G046249, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. Unpub. LEXIS 8006 Shepardize , November 5, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  interview, apartment, custody, tape, autopsy, arrest, okay, hearsay, trauma, brain ... 

19. Sung Lee v. Wien Bakery Llc, B241325, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. Unpub. LEXIS 7993 Shepardize , November 4, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  receiver, final report, receivership, accounting, approving, settling, billing, business operations, mismanagement, staff ... 

20. People v. Hill, B243919, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. Unpub. LEXIS 7992 Shepardize , November 4, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  disorder, competency hearing, incompetent, competency, untimely, defense counsel, cocaine, self-representation, competence, doctor's ... 

21. People v. Simmons, H039198, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. Unpub. LEXIS 7991 Shepardize , November 4, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  pedophilia, remission, girl, treatment plan, mental disorders, opined, physical harm, patient, substantial danger, pedophilic ... 

22. Diamond Mfg. & Eng'g Co. v. Equip. Parts Wholesale, F064701, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. Unpub. LEXIS 8000 Shepardize , November 4, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  arbitrator's, arbitration, arbitration award, disclosure, impartial, federal action, neutral arbitrator, lift, purported, ethics ... 

23. Xl Specialty Ins. Co. v. St. Paul Mercury Ins. Co., G047371, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. Unpub. LEXIS 7996 Shepardize , November 4, 2013, Opinion Filed,  NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. 

CORE TERMS:  insured, insurer, excess insurer, primary insurer, settlement, unsecured creditors, equitable subrogation, coverage, execute, covenant ... 

Index of actions without opinion 

1. People v. Nunez, E055034, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 904 Shepardize , November 7, 2013, Opinion Filed 

2. Reid v. Mercury Ins. Co., B241154, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 901 Shepardize , November 6, 2013, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

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