California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, March 10, 2014

California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, March 10, 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. People v. Grewal, F065450, F065451, F065689, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 214 Shepardize , March 7, 2014, Opinion Filed 

CORE TERMS:  sweepstake, customer, slot machines, internet, prize, terminal, machine, software, unpredictable, playing ... 

2. People v. Solis, B244487, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2014 Cal. App. LEXIS 216 Shepardize , March 7, 2014, Opinion Filed 

CORE TERMS:  lesser, convicted, assault, deadly weapon, lesser crimes, charged offense, lesser offenses, mayhem, uncharged lesser, greater offense ... 

3. Saffie v. Schmeling, E055716, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 217 Shepardize , March 7, 2014, Opinion Filed 

CORE TERMS:  broker, buyer's, seller's, fault, hazard, inaccurate, listing, buildable, geologist, inaccuracy ... 

4. People v. Garcia, B246670, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 212 Shepardize , March 6, 2014, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of DISCUSSION, parts B-D. 

CORE TERMS:  predicate offense, firearm, gang, enhancement, convicted, gang members, gang activity, criminal street gang, acquitted, assault ... 

5. Crown Imports, LLC v. Superior Court, B248624, B248627, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 157 Shepardize , February 19, 2014, Opinion Filed 

CORE TERMS:  independently, manufacturer, beer, distributorship, economic advantage, wholesaler's, disappointed, wrongful act, distributor, seller ... 

6. Burch v. Superior Court, B248830, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 159 Shepardize , February 19, 2014, Opinion Filed

 CORE TERMS:  implied warranty, builder, duty of care, construction defects, general contractor, summary adjudication, Right to Repair Act, property damage, subcontractor, construction contract ... 

7. People v. Hood, D063560, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 156 Shepardize , February 19, 2014, Opinion Filed 

CORE TERMS:  probation, bodily injury", prior conviction, sentence, impairment, ineligible, battery, enhancement, italics, Criminal Law ...

 8. Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc., B238867, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 158 Shepardize , February 19, 2014, Opinion Filed 

CORE TERMS:  emergency, delegation, enrollee, patient, cause of action, reimburse, emergency services, delegate, reimbursement, delegated ... 

9. Maher v. County of Alameda, A135792, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 153 Shepardize , February 18, 2014, Opinion Filed 

CORE TERMS:  patient, foreign bodies, cause of action, stent, care providers, tolling, Patient Access Law, medical records, patient records, malpractice ... 

10. Concepcion v. Amscan Holdings, Inc., B247832, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2014 Cal. App. LEXIS 151 Shepardize , February 18, 2014, Opinion Filed 

CORE TERMS:  attorney fees, in camera, settlement, declaration, spent, calculation, expended, billing records, lodestar, fee award ... 

11. J.E. v. Superior Court, D064543, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 154 Shepardize , February 18, 2014, Opinion Filed 

CORE TERMS:  juvenile, disclosure, in camera, exculpatory, juvenile records, prosecutor, confidentiality, inspection, impeachment evidence, confidential ... 

12. People v. Tessman, D062372, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 152 Shepardize , February 18, 2014, Opinion Filed 

CORE TERMS:  burglary, stolen, necklace, open house, jewelry, inhabited dwelling house, "inhabited", incorrect, pawnshop, burglary conviction ... 

13. Ash v. North American Title Co., B237404, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 155 Shepardize , February 18, 2014, Opinion Filed,  CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of part D. of the Discussion. 

CORE TERMS:  escrow, foreseeable, superseding cause, intervening, intermediary, foreseeability, causation, special damages, segregated, crisis ... 

14. J.J. v. County of San Diego, D062594, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 145 Shepardize , February 14, 2014, Opinion Filed 

CORE TERMS:  public entity, cause of action, accrual, presentation, molestation, estoppel, personal injury, claimant, accrued, sexual abuse ... 

15. Renda v. Nevarez, D063075, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 146 Shepardize , February 14, 2014, Opinion Filed 

CORE TERMS:  money judgment, fraudulent transfers, prior action, fraudulent, double recovery, transferred, fraudulent conveyance, transferee, judgment creditor's, defraud ... 

16. In re Marriage of Gréaux & Mermin, A134662, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 149 Shepardize , February 14, 2014, Opinion Filed 

CORE TERMS:  noncompetition, dissolution, goodwill, marital, public policy, necessary to protect, geographic, compete, valuation, covenant ...

 17. People v. Garcia, No. B236898, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 142 Shepardize , February 13, 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 partial publication. The portions of this opinion to be deleted from publication those portions enclosed within double brackets, [[/]].

 CORE TERMS:  speedy trial, murder, fled, border, arrest, fleeing, waive, purpose of avoiding, arrested, gun ... 

18. People v. Rodarte, B239963, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 141 Shepardize , February 13, 2014, Opinion Filed 

CORE TERMS:  self-defense, imperfect, mayhem, motor vehicle, shooting, gun, malice, murder, drove, 'maliciously ... 

19. Prakashpalan v. Engstrom, Lipscomb & Lack, B244236, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 135 Shepardize , February 11, 2014, Opinion Filed,  As modified Feb. 27, 2014., Modified and rehearing denied by Prakashpalan v. Engstrom, Lipscomb & Lack, 2014 Cal. App. LEXIS 187 Shepardize  (Cal. App. 2d Dist., Feb. 27, 2014) 

CORE TERMS:  settlement, cause of action, accounting, dirt, discovery, unfair, confidential, conspiracy, fill, aggregate ... 

20. People v. Sasser, A136655, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 137 Shepardize , February 11, 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 part II.A. 

CORE TERMS:  enhancement, sentence, indeterminate, offender, sentences imposed, prior serious felony convictions, determinate, habitual, felony, years to life ... 

21. People v. Lipsett, F065496, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 129 Shepardize , February 10, 2014, Opinion Filed 

CORE TERMS:  bike, shoot, carjacking, dog, person threatened, gang members, driver's, immediate family's, own safety, "unconditional" ... 

22. In re John Z., A138728, A140343, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 130 Shepardize , February 10, 2014, Opinion Filed 

CORE TERMS:  competency, withdraw, competence, juvenile, competency hearing, substantial evidence, misdemeanor, felony, incompetency, defense counsel's ... 

23. Kelley v. California Unemployment Ins. Appeals Bd., B244098, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2014 Cal. App. LEXIS 128 Shepardize , February 10, 2014, Opinion Filed 

CORE TERMS:  quit, return to work, unemployment, constructive, e-mail, claimant's, termination, fired, unemployment benefits, good cause ... 

24. Tuthill v. City of San Buenaventura, No. B239668, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 131 Shepardize , February 10, 2014, Opinion Filed 

CORE TERMS:  public entities, development agreement, mandatory duty, mandatory, affordable housing, households, immunity, equitable principles, attorney general, legal duty ... 

25. Bay Cities Paving & Grading, Inc. v. City of San Leandro, A137971, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 140 Shepardize , January 28, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 13, 2014. 

CORE TERMS:  bid, bidder, bid bond, deviation, inconsequential, bidding, waive, competitive advantage, specification, package ... 

26. People v. Bautista, G048566, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 132 Shepardize , January 22, 2014, Opinion Filed,  As modified Feb. 10, 2014.,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 10, 2014. 

CORE TERMS:  probable cause, preliminary hearing, credibility, heroin, probable cause, reasonable person, possessed, credible, quantity, district attorney ... 

27. Meyers v. The Retirement Fund of Federated City Employees, H037933, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 143 Shepardize , January 22, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 13, 2014. 

CORE TERMS:  trust law, retirement fund, pension, beneficiary, probate, "entity, retirement boards, retirement system, trust funds, petition to remove ... 

28. Burquet v. Brumbaugh, B248031, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 134 Shepardize , January 14, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 11, 2014. 

CORE TERMS:  "disturbing, restraining order, domestic violence, contacting, Prevention Act DVPA, plain meaning, emotional, uninvited, calm, evidence presented ... 

29. J.J. v. M.F., B246401, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, 2014 Cal. App. LEXIS 120 Shepardize , January 9, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published February 5, 2014. 

CORE TERMS:  restraining orders, mutual, jacket, domestic violence, pushed, self-defense--, aggressor, notice, telephone calls, "harassing ... 

Index of actions without opinion 

1. J.J. v. County of San Diego, D062594, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 215 Shepardize , March 7, 2014, Opinion Filed 

2. Bergeron v. Boyd, A137802, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, 2014 Cal. App. LEXIS 213 Shepardize , March 6, 2014, Opinion Filed,  Modification of opinion (___ Cal. App. 4th ___; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

3. Consumer Watchdog v. California Dept. of Managed Health Care, B232338, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 1089 Shepardize , October 9, 2013, Opinion Filed

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