California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, February 27, 2014

California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, February 27, 2014

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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. In re Lira, S204582, SUPREME COURT OF CALIFORNIA, 2014 Cal. LEXIS 793 Shepardize , February 3, 2014, Filed 

CORE TERMS:  parole, suitability, parole term, prisoner's, reversal, custody, prison, inmate, sentence, parolee's ... 

2. People v. Duff, S105097, SUPREME COURT OF CALIFORNIA, 2014 Cal. LEXIS 637 Shepardize , January 30, 2014, Filed 

CORE TERMS:  juror, prosecutor's, prospective jurors, murder, death penalty, detective, interrogation, gun, photograph, peremptory ...

3. Hilton v. Superior Court, B248654, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 177 Shepardize , February 25, 2014, Opinion Filed 

CORE TERMS:  restitution, probation, probationary term, expired, sentence, restitution orders, italics, full restitution, jurisdiction to modify, unauthorized ...

 4. Robert v. Stanford University, H037514, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 178 Shepardize , February 25, 2014, Opinion Filed 

CORE TERMS:  attorney fees, cause of action, vexatious, frivolous, meritless, harassment, reversal, financial condition, prevailing, termination ... 

5. People v. Harris, E058521, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 179 Shepardize , February 25, 2014, Opinion Filed 

CORE TERMS:  burglary, interior, garage, door, accomplice, dwelling, special circumstance, enhancement, intruder, roof ...

 6. Johnson v. Prasad, C073052, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 180 Shepardize , February 25, 2014, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part III of the Discussion. 

CORE TERMS:  pool--, homeowner, swimming pool, drowning, causation, door, matter of law, self-latching, self-closing, fence ... 

7. Tejon Real Estate, LLC v. City of Los Angeles, B247255, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 150 Shepardize , February 14, 2014, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___; ___ Cal.Rptr.3d ___), upon denial of rehearing.

  CORE TERMS:  sentence, Quoting DWP Rules, delete, water works, grade" level, estimated, engineer 

8. Airline Pilots Assn. Internat. v. United Airlines, Inc., A129914, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 100 Shepardize , January 31, 2014, Opinion Filed 

CORE TERMS:  sick leave, grantor trust, rabbi, funding, pilot, beneficiary, payroll, revised, general assets, airline's ... 

9. Cheal v. El Camino Hospital, H036548, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 102 Shepardize , January 31, 2014, Opinion Filed,  As modified Feb. 14, 2014., Modification order at Cheal v. El Camino Hospital, 2014 Cal. App. LEXIS 147 Shepardize  (Cal. App. 6th Dist., Feb. 14, 2014) 

CORE TERMS:  patient, menu, diet, menus, hearsay, summary judgment, discriminatory, declaration, thick, clerk ... 

10. St. Mary v. Superior Court , No. H038918, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 103 Shepardize , January 31, 2014, Opinion Filed 

CORE TERMS:  deemed admitted, real parties in interest, discovery, responding party, compliant, admit, propounding party, substantial compliance, deficient, depositions ... 

11. St. Cyr v. California FAIR Plan Assn., B243159, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 105 Shepardize , January 31, 2014, Opinion Filed

 CORE TERMS:  coverage, standard form, insurer, policy limit, insured, peril, property insurance, demurrer, fire insurance, exceeding ...

 12. In re Edward C., A138468, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 104 Shepardize , January 31, 2014, Opinion Filed 

CORE TERMS:  juvenile, sex offenders, probation, ex post facto law, delinquent, housing, placement, ex post facto, registration, realignment ... 

13. Branscomb v. JPMorgan Chase Bank, N.A., A137140, A138144, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 106 Shepardize , January 31, 2014, Opinion Filed 

CORE TERMS:  lender, deeds of trust, equitable subrogation, escrow, escrow holder, refinance, actual knowledge, equitable, escrow officer, encumbrancer ... 

14. Brewer Corp. v. Point Center Financial, Inc., D061665, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 107 Shepardize , January 31, 2014, Opinion Filed 

CORE TERMS:  lender, stop notice, contractor's, notice, claimant, preliminary notice, construction loan, construction lender, mechanic's lien, bonded ... 

15. In re Marriage of J.Q. & T.B., G047615 & G047727, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 108 Shepardize , January 31, 2014, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION11 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. and III. 

CORE TERMS:  spousal support, domestic violence, restraining order, threw, notice, grabbed, bed, legs, sexual, marriage ... 

16. In re Martinez, D063719, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 96 Shepardize , January 30, 2014, Opinion Filed,  As modified Feb. 7, 2014., Modified by In re Martinez, 2014 Cal. App. LEXIS 127 Shepardize  (Cal. App. 4th Dist., Feb. 7, 2014) 

CORE TERMS:  resentencing, sentence, felony, indeterminate, life sentence, violent felonies, ineligible, spousal, rape, offender ... 

17. Driscoll v. Superior Court, F066550, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 95 Shepardize , January 30, 2014, Opinion Filed 

CORE TERMS:  concurrent jurisdiction, retaliation, demurrer, causes of action, federal claim, false claims, exclusive jurisdiction, federal government, concurrent, incompatibility ... 

18. Lotus v. Department of Transportation, A137315, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 97 Shepardize , January 30, 2014, 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 1., 2., and 4. of the Discussion. 

CORE TERMS:  mitigation measures, redwood, environmental, root, root zones, significant effects, roadway, diameter, fill, excavation ... 

19. Dews v. Superior Court, A139102, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 98 Shepardize , January 30, 2014, Opinion Filed 

CORE TERMS:  speedy trial, presumptively prejudicial, presumptive, misdemeanor, balancing, misdemeanor case, actual prejudice, Criminal Law, writ of mandate, deliberate ... 

20. People v. Superior Court (Sanchez), C071008, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 93 Shepardize , January 29, 2014, Opinion Filed 

CORE TERMS:  plea bargain, sentence, negotiated, vacate, mistake of law, prosecutor, mutual, district attorney, years to life, bargain ... 

21. Crosby v. HLC Properties, Ltd., B242089, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 94 Shepardize , January 29, 2014, Opinion Filed 

CORE TERMS:  publicity, deceased, died, personality", community property, celebrity, res judicata, settlement agreement, settlement's, years prior ...

 22. County of Nevada v. Workers' Comp. Appeals Bd., C074133, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 92 Shepardize , January 29, 2014, Opinion Filed,  Petition for Rehearing Filed in Court of Appeal February 13, 2014 

CORE TERMS:  leave of absence, temporary, differential, disabled, modified, full salary, disability payments, loss of salary, workers' compensation, returned to work ... 

23. People v. White, D063369, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 75 Shepardize , January 28, 2014, Opinion Filed 

CORE TERMS:  firearm, resentencing, reform act, armed, offender, felon, life sentence, prisoner's, violent felonies, eligibility ... 

24. People v. Kisling, C072497, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 76 Shepardize , January 28, 2014, Opinion Filed 

CORE TERMS:  predator, disparate treatment, sexually, violent, transferred, equal protection, indeterminate, equal protection rights, equal protection analysis, mentally disordered ... 

25. Finberg v. Manset, No. B245787, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 77 Shepardize , January 28, 2014, Opinion Filed 

CORE TERMS:  visitation, grandparent, stepparent, best interest, adoptive parents, strict scrutiny, incidental, married, grandchild, preexisting relationship ... 

26. Protect Agricultural Land v. Stanislaus County Local Agency Formation Com., F066544, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 80 Shepardize , January 28, 2014, Opinion Filed

 CORE TERMS:  validation actions, annexation, good cause, summons, Reorganization Act, sphere of influence--, cause of action, validating, environmental, reorganization ... 

27. Larkin v. Workers' Comp. Appeals Bd., C065891, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 78 Shepardize , January 28, 2014, Opinion Filed

 CORE TERMS:  volunteer, peace officers, workers' compensation, disability, temporary, earning, absurd results, firefighter, literal meaning, public service ... 

28. City of Riverside v. Horspool, E051500E053605, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 99 Shepardize , January 16, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published January 30, 2014. 

CORE TERMS:  receiver, notice, default, general appearance, approving, appealable, mail, moot, receivership, notice of appeal ... 

29. Sharifpour v. Le, G048249, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 101 Shepardize , January 10, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published January 31, 2014.

 CORE TERMS:  failure to file, setoff, communicate, stay enforcement, stay of enforcement, ordering, money judgment, omission, pending appeal, order granting ... 

Index of actions without opinion 

1. Law School Admission Council, Inc. v. State of California, C073187, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 138 Shepardize , February 11, 2014, Opinion Filed,  Modification of opinion (___ Cal.App.4th ___; ___ Cal.Rptr.3d ___).  

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