California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, May 2, 2014

California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, May 2, 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. Loeffler v. Target Corp., S173972, SUPREME COURT OF CALIFORNIA, 2014 Cal. LEXIS 3130 Shepardize , May 1, 2014, Filed 

CORE TERMS:  retailer, sales tax reimbursement, consumer, refund, customer, tax code, collected, coffee, tax law, hot ... 

2. Schwarzburd v. Kensington Police Protection & Community Services Dist. Bd., A139630, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 391 Shepardize , April 30, 2014, Opinion Filed 

CORE TERMS:  cause of action, "salary, notice, protected activity, furtherance, voted, public interest, free speech, probability, voting ... 

3. People v. Gonzalez, G047199, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 390 Shepardize , April 30, 2014, Opinion Filed 

CORE TERMS:  sentence, juvenile, parole, sentencing, mandatory, prison, nonhomicide, life expectancy, de facto, youth" ... 

4. Mega RV Corp. v. HWH Corp., G047718, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 389 Shepardize , April 30, 2014, Opinion Filed 

CORE TERMS:  manufacturer, motor homes, express warranties, warranty, consumer good, consumer, coach, buyer, component part, hydraulic ... 

5. People v. Dubose, E054926, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 343 Shepardize , April 17, 2014, Opinion Filed,  Modification of opinion (___Cal. App 4th___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

CORE TERMS:  sentence, sentencing, modified, jury instruction, underlying felony, selecting, modifications 

6. In re A.B., B249402, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 393 Shepardize , April 1, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 30, 2014. 

CORE TERMS:  juvenile, continuance, original petition, subsequent petition, jurisdictional, maternal grandmother, moot, subpoena, preponderance of evidence, poor health ... 

7. People v. Ramirez, H038462, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 253 Shepardize , March 19, 2014, Opinion Filed 

CORE TERMS:  conduct credits, presentence, sentence, pleaded, contest, custody credits, lenity, custody, prior law, sentencing ... 

8. In re Cristian I., B248035, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, 2014 Cal. App. LEXIS 254 Shepardize , March 19, 2014, Opinion Filed 

CORE TERMS:  emergency, juvenile, custody, temporary, custody order, evidentiary hearing, Enforcement Act UCCJEA, custody determination, jurisdictional, sister state ... 

9. Noceti v. Whorton, C071317, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 249 Shepardize , March 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 II. of the Discussion. 

CORE TERMS:  mandatory relief, default, mandatory provision--, discretionary, default judgment, inadvertence, discretionary dismissal, tantamount, dismissal order, neglect ... 

10. People v. Weeks, E057282, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 247 Shepardize , March 18, 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 Discussion, part A. 

CORE TERMS:  inmate, lock, prison, locker, prison prior, sentence, new offenses, dorm, marijuana, prison term ... 

11. People v. Smit, G049090, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2014 Cal. App. LEXIS 243 Shepardize , March 17, 2014, Opinion Filed 

CORE TERMS:  zip gun, firearm, gate, enhancement, rocket, task force, panji, boobytrap, gang, gun ... 

12. Santa Clara County Correctional Peace Officers' Assn., Inc. v. County of Santa Clara, H037418, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 245 Shepardize , March 17, 2014, Opinion Filed 

CORE TERMS:  confer, impasse, bargaining, budget, layoff, good faith, collective bargaining, bargain, notice, public agency ... 

13. Romine v. Johnson Controls, Inc., B239761, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 244 Shepardize ; CCH , March 17, 2014, Opinion Filed 

CORE TERMS:  seat, consumer expectations, fault, manufacturer, collision, products liability, driver, component parts, design defect, apportionment ... 

14. In re Gino C., D064336 , COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 240 Shepardize , March 14, 2014, Opinion Filed 

CORE TERMS:  emergency, temporary, home state, child custody determination, custody, child custody proceeding, Enforcement Act UCCJEA, child's "home state, disposition hearing, lived ... 

15. Amerco Real Estate Co. v. City of West Sacramento, C072403, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 231 Shepardize , March 12, 2014, Opinion Filed 

CORE TERMS:  substantial evidence, height, conforming, administrative decision, independent judgment, visibility, vested right--, feet, on-premises, materially ... 

16. D'Arrigo Bros. of California v. United Farmworkers of America, H038213, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 232 Shepardize ; March 12, 2014, Opinion Filed 

CORE TERMS:  general counsel, cause of action, agricultural, subpoena, pursuing, protected activity, probability, prevailing, public interest, prong ... 

17. People v. Garcia, B243462, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2014 Cal. App. LEXIS 230 Shepardize , March 12, 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 Background and Discussion, parts II.-V. 

CORE TERMS:  alternate jurors, deliberation--, alternate, juror, jury room, jury's deliberations, disobeyed, juror misconduct, deliberating, reversal ... 

18. Adams v. MHC Colony Park, L.P., F062160, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 221 Shepardize , March 10, 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 I., II., IV., V.B., V.C., V.D., V.E., VI. and VII. of the Discussion. 

CORE TERMS:  public nuisance, recreational vehicles, nuisance, space, rent, failure to maintain, ambiguity, special verdicts, resident, repair ... 

19. 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,  As modified Mar. 21, 2014.,  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:  gang, predicate offense, firearm, enhancement, convicted, gang members, gang activity, criminal street gang, sentence enhancement, jury instructions ... 

20. Carter v. City of Los Angeles, B241060, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE,2014 Cal. App. LEXIS 238 Shepardize , February 26, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 13, 2014. 

CORE TERMS:  settlement, class member, class action, curb, notice, certification, opt, ramp, opt-out, class certification ... 

21. Casas v. Carmax Auto Superstores California, LLC, B246392, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 259 Shepardize , February 26, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 20, 2014. 

CORE TERMS:  modification, arbitration agreement, illusory, good faith, fair dealing, arbitration, handbook, unconscionable, modified, agreement to arbitrate ... 

22. Purcell v. Schweitzer, D063435, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 242 Shepardize , February 24, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 17, 2014. 

CORE TERMS:  liquidated damages, unenforceable, reasonable relationship, default judgment, public policy, anticipated, settlement agreement, actual damages, lawsuit, bore ... 

23. Eskeland v. City of Del Mar, D061370, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 241 Shepardize , February 19, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 14, 2014. 

CORE TERMS:  variance, nonconformity, setback, municipal code, planning commission, zoning, front yard, topography, property owner, vicinity ... 

24. Eneaji v. Ubboe, B247885, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2014 Cal. App. LEXIS 250 Shepardize , February 18, 2014, Opinion Filed,  The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 18, 2014.

 CORE TERMS:  restraining order, renewal, domestic violence, prevention, physical abuse, apprehension, restrained, happened, spouse, renew ... 

25. Chaidez v. Board of Administration etc., C065913, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2014 Cal. App. LEXIS 191 Shepardize , February 3, 2014, Opinion Filed,  As modified Feb. 27, 2014.,  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, IV. 

CORE TERMS:  pension, retirement benefits, estoppel, equitable estoppel, calculation, retirement system, retirement, fiduciary, bifurcated, estopped ... 

Index of actions without opinion 

1. Holland v. Assessment Appeals Bd. No. 1, S205876, SUPREME COURT OF CALIFORNIA, 2014 Cal. LEXIS 2770 Shepardize , April 16, 2014, Filed,  Modification of opinion (___Cal. 4th ___ ;___Cal. Rptr___ ), upon denial of rehearing. 

2. Scott v. Ford Motor Co., A137975, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2014 Cal. App. LEXIS 354 Shepardize , April 23, 2014, Opinion Filed,  Modification of opinion (___Cal. App 4th ; ___ Cal.Rptr.3d ___) upon denial of rehearing. 

3. City of San Jose v. Superior Court, H039498, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, 2014 Cal. App. LEXIS 344 Shepardize , April 18, 2014, Opinion Filed,  Modification of opinion (___Ca;. App 4th___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

4. People v. Petrovic, No. B246250, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 340 Shepardize , April 17, 2014, Opinion Filed,  Modification of opinion (___Cal. App 4th___ ; ___ Cal.Rptr.3d ___), upon denial of rehearing. 

5. Bowman v. California Coastal Commission, B243015, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2014 Cal. App. LEXIS 392 Shepardize , April 15, 2014, Opinion Filed

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