California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, November 22, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, November 22, 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. Vangelder, S195423, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 9442 Shepardize , November 21, 2013, Filed 

CORE TERMS:  breath, alcohol, blood, machine, ratio, alveolar, breath-testing, lung, partition, air ... 

2. People v. Harrison, S199830, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 8760 Shepardize , October 31, 2013, Filed 

CORE TERMS:  prisoner, certification, disorder, remission, severe, mental disorder, parole, psychiatrist, offender, trier of fact ... 

3. In re Autumn K., A136586, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 937 Shepardize , November 20, 2013, Opinion Filed

 CORE TERMS:  placement, tribe, exemption, custody, foster, custodian, tribal, nonexemptible, grandchildren, parental rights ... 

4. Franchise Tax Bd. v. Superior Court, A134734, A134735, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 936 Shepardize , November 20, 2013, Opinion Filed

 CORE TERMS:  tax shelter, promoter's, abusive, "taxable years, shelter, retroactivity, entity, retroactive application, billion, promoting ... 

5. Colony Cove Properties, LLC v. City of Carson, B227092, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 929 Shepardize , November 18, 2013, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

CORE TERMS:  heading, subheading, rent increase, deleted, supplemental, renumbered, inserted, 'fair return', replaced 

6. Regents of University of California v. Superior Court, B249148, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 917 Shepardize , November 13, 2013, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

CORE TERMS:  drive, confidential information, leave to amend, external, unauthorized, theft, accessed, personal information, telephone, opened ... 

7. People v. Lettice, D062445, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 888 Shepardize , November 4, 2013, Opinion Filed 

CORE TERMS:  plea agreement, prior felony convictions, prosecutor, amend, guilty plea, prison, withdraw, notice, bodily injury, charging ... 

8. Nevarrez v. San Marino Skilled Nursing & Wellness Centre, LLC, B235372, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 887 Shepardize , November 4, 2013, Opinion Filed 

CORE TERMS:  patient's, investigator, nursing, elder, resident, licensee's, attorney fees, cause of action, per se, nursing home ... 

9. Poole v. Orange County Fire Authority, G047691, G047850, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 889 Shepardize , November 4, 2013, Opinion Filed

 CORE TERMS:  firefighter, adverse comment, personnel file, log, personnel, yearly, captain, station, Firefighters Procedural Bill of Rights Act FFBOR, public safety officer ...

 10. In re Felicity S., A137439, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 885 Shepardize , October 31, 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. through II. 

CORE TERMS:  insulin, diabetes, bureau, trial counsel, blood sugar, guardian ad litem, doctor's, social worker, appointment, declaration ... 

11. In re Marriage of Burwell, F064265, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 884 Shepardize , October 31, 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. through IX. of the Discussion.

 CORE TERMS:  premium, coverage, insured, spouse, life insurance, contractual rights, separate estate, community property, separate property, cap ... 

12. Lueras v. BAC Home Loans Servicing, LP, G046799, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 886 Shepardize , October 31, 2013, Opinion Filed

 CORE TERMS:  modification, forbearance, foreclosure, borrower, lender, cause of action, foreclosure sale, unfair, default, servicer ... 

13. Leal v. Mansour, B240056, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2013 Cal. App. LEXIS 935 Shepardize , October 30, 2013, Opinion Filed,  As modified November 20, 2013,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 20, 2013. 

CORE TERMS:  ventilator, nonsuit, malfunction, fault, cause of death, codefendant, standard of care, arrest, causation, oppose ... 

14. Water Replenishment Dist. of Southern California v. City of Cerritos, B242080, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 877 Shepardize , October 30, 2013, Opinion Filed 

CORE TERMS:  groundwater, lawsuit, preliminary injunction, injunction, litigate, replenishment, collection, basins, producing, refund ... 

15. People v. Nunez, E055034, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 883 Shepardize , October 30, 2013, Opinion Filed,  As modified Nov. 7, 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 the part III.A., Modified by, Ordered published by, in part People v. Nunez, 2013 Cal. App. LEXIS 904 Shepardize  (Cal. App. 4th Dist., Nov. 7, 2013) 

CORE TERMS:  probation, mandatory, supervision, release date, prison, parole, sentence, custody, supervised, methamphetamine ... 

16. In re A.M., A136288, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 881 Shepardize , October 30, 2013, Opinion Filed 

CORE TERMS:  monitoring, juvenile, conditions of probation, truancy, custody, curfew, probation conditions, probation officer, supervision, probation ... 

17. Dietrick v. Superior Court, C073008, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 878 Shepardize , October 30, 2013, Opinion Filed

 CORE TERMS:  felony, misdemeanor, prosecutor, preliminary hearing, special circumstance, refiling, Criminal Law, twice, "harassment", lesser ... 

18. Steiner v. Superior Court, No. B235347, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 879 Shepardize , October 30, 2013, Opinion Filed

 CORE TERMS:  juror, prior restraint, commercial speech, internet, site, admonition, moot, advertising, cautionary, fair trial ... 

19. State Dept. of State Hospitals v. Superior Court, B248603, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 882 Shepardize , October 30, 2013, Opinion Filed

 CORE TERMS:  mandatory duty, mental health professionals, sexually, violent, predator, inmate, cause of action, immunity, public entity, discretionary ... 

20. Community Youth Athletic Center v. City of National City, D060001, D061141, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 876 Shepardize , October 30, 2013, Opinion Filed 

CORE TERMS:  blight, redevelopment, public records, notice, map, disclosure, validation, redevelopment plan, administrative record, attorney fees ... 

21. People v. Doyle, C067741, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 868 Shepardize , October 29, 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 III through V. 

CORE TERMS:  felony, murder, manslaughter, offender, convicted, intoxicated, sentence, driving, manslaughter conviction, similarly situated ... 

22. Pfeifer v. John Crane, Inc., B232315, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2013 Cal. App. LEXIS 870 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  asbestos, user, sophisticated, settlement, supplier, manufacturer, economic damages, gasket, warn, intermediary ... 

23. Kern, Inyo & Mono Counties Plumbing, etc. v. California Apprenticeship Council, A136680, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 871 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  apprenticeship, audit, existing program, "deficient", new program, apprentice, training, audit report, writ of mandate, graduation ... 

24. People v. Montrose, F064261, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 867 Shepardize , October 29, 2013, Opinion Filed

 CORE TERMS:  probation, sentence, realignment, suspended, sentenced, prison, county jail, sentencing, prison term, state prison ... 

25. In re Alatriste, B248072, B248199, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 865 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  juvenile, sentence, parole, sentencing, meaningful opportunity, sentenced, maturity, years to life, prison, adult ... 

26. Montoya v. Barragan, B237495, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 866 Shepardize , October 29, 2013, Opinion Filed 

CORE TERMS:  new trial, antibiotic, emergency room, irregularity, statement of reasons, diff, causation, diarrhea, blood pressure, pseudomembraneous ... 

27. People v. Accredited Surety & Casualty Co., Inc., A136872, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 860 Shepardize , October 28, 2013, Opinion Filed

 CORE TERMS:  surety, notice, forfeiture, summary judgment, bail, appearance, void, bail bond, vacate, challenging ... 

28. Fowler v. M&C Assn. Management Services, Inc., A137462, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 859 Shepardize , October 28, 2013, Opinion Filed 

CORE TERMS:  transfer fees, managing agent, vendor, common interest development, homeowners, notice, recording, charging, recorded, processing ... 

29. Young v. Horizon West, Inc., H038736, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2013 Cal. App. LEXIS 858 Shepardize , October 28, 2013, Opinion Filed

 CORE TERMS:  arbitration, daughter, arbitration agreement, patient's, health care, ostensible, "convinced", equitable, insurers, ostensible authority ... 

30. Wise v. DLA Piper LLP (US), D062150, D062661, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 862 Shepardize , October 8, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  investor, collectability, collectibility, substantial evidence, collectable, malpractice, underlying judgment, lost profits, piercing", corporate entities ... 

31. San Diego Assemblers, Inc. v. Work Comp for Less Ins. Services, Inc., D062406, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 873 Shepardize , October 4, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  broker, coverage, procure, insurer, subrogation, contractor, restaurant, insured's, superior equities, declaration ... 

32. Farmers Ins. Exchange v. Superior Court, B248324, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2013 Cal. App. LEXIS 864 Shepardize , October 1, 2013, Opinion Filed,  As modified Oct. 1, 2013.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  insured, coverage, motor vehicle, negligent supervision, homeowners insurance policy, truck, summary adjudication, homeowners policy, independently, 'occurrence ... 

33. Christina C. v. County of Orange, G047805, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 874 Shepardize , October 1, 2013, Opinion Filed,  As modified Oct. 1, 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 IIB.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 29, 2013. 

CORE TERMS:  immunity, summary judgment, social workers, placement, dependency, custody, malice, removal, dependency proceedings, visitation ... 

34. Goldman v. Sunbridge Healthcare, LLC, C069970, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 861 Shepardize , September 27, 2013, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published October 28, 2013. 

CORE TERMS:  arbitration agreements, arbitration, resident, health care, compel arbitration, patient's, legal representative, signing, bind, authority to sign ... 

Index of actions without opinion 

1. State Department of Finance v. Commission on State Mandates, B237153, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 920 Shepardize , November 14, 2013, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___ ; ___ Cal.Rptr.3d ___). 

2. Angelica Textile Services, Inc. v. Park, D062405, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 908 Shepardize , November 7, 2013, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing

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