California Courts of Appeal Decisions 2015

Justia Opinion Summary: After Stacey Chavez suffered a traumatic brain injury while exercising at one of 24 Hour's facilities, she and her husband filed suit against 24 Hour for ordinary and gross negligence, premises liability, and strict…

Justia Opinion Summary: Defendant and appellant John Ervin challenged a restraining order issued against him under the Domestic Violence Prevention Act. He also argued the trial court erred in failing to issue an order restraining his former…

Justia Opinion Summary: "This is a case of egregious attorney misconduct." Because of the cumulative effect of the attorney's misconduct, the Court of Appeal felt compelled to reverse the judgment she obtained on behalf of her client, Caltrans.…

Justia Opinion Summary: Coalition for a Sustainable Future in Yucaipa filed a petition for writ of mandate against the City of Yucaipa and its City Council challenging Yucaipa's approval of Oak Hills Marketplace (Project), a shopping center to…

Justia Opinion Summary: This case was the third of a string of appeals before the Court of Appeal concerning the City of Irvine's attempt to stop a proposed expansion of the James A. Musick Jail Facility. In "Musick I," the cities of Irvine and…

Justia Opinion Summary: Officer Tedesco observed Jefferson placing an item—later determined to be a loaded and stolen firearm— under the driver’s seat of a gray Bentley that Jefferson had driven to the location. Jefferson then left in another…

Justia Opinion Summary: John Beckemeyer was convicted of attempted murder and assault with a deadly weapon. The offenses occurred during an incident in which he assaulted a woman he had been dating and her son. At sentencing, the trial court…

Justia Opinion Summary: Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach. Epp and his wife sued the owner of the St. Regis and the entities involved in the design and construction of…

Justia Opinion Summary: Plaintiffs Eckler and Engel filed separate actions against Neutrogena, alleging that their sunscreen products were misleadingly labeled and marketed in violation of California consumer protection statutes. Plaintiffs…

Justia Opinion Summary: Esteban Nunez aided in the killing of Luis Santos in 2008. The attack took place near the campus of San Diego State University. Among other acts of violence, one of Esteban Nunez’s cohorts stabbed Luis Santos in the…

Justia Opinion Summary: A jury convicted Gary DeGraff and Veronica DeHoyos of possession of methamphetamine. The trial court suspended imposition of their sentences for three years and granted them formal probation. They both appealed. DeGraff…

Justia Opinion Summary: This appeal presents issues of statutory construction involving Code of Civil Procedure section 729.0601 and the calculation of the redemption price for real property sold by judicial foreclosure. At issue was when the…

Justia Opinion Summary: A car sped into a campsite at Lake Mendocino and skidded to a stop. Four men got out of the car: Johnson, Thornton, Schnebly and Crocker. Within minutes, Litteral, who was staying at the campsite and who had offered…

Justia Opinion Summary: Former employees brought a putative class action against their former employer, NMG, alleging violations of the California Labor Code, and NMG moved to compel arbitration under its mandatory arbitration program for…

Justia Opinion Summary: Plaintiffs appealed from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of Chipotle regarding what plaintiffs allege, among other things, is Chipotle‘s…

Justia Opinion Summary: After Ironridge filed suit against ScripsAmerica to recover a debt, the parties subsequently petitioned the trial court to enter judgment on their stipulated settlement, and to retain jurisdiction under Code of Civil…

Justia Opinion Summary: Plaintiff Rosa Elena Munoz appealed the dismissal of her personal injury action against the City of Tracy for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310…

Justia Opinion Summary: After plaintiff was injured while working on the railroad, he filed suit against BNSF under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., alleging that he was injured because of BNSF's negligence. A…

Justia Opinion Summary: Plaintiffs (pipefitter apprentices) claimed that the company violated the Prevailing Wage Law and Shelley-Maloney Apprentice Labor Standards Act of 1939 by hiring construction craft laborer apprentices instead of…

Justia Opinion Summary: Defendant Thomas Vukodinovich was the 73-year-old bus driver for Yolo Employment Services, a nonprofit agency providing work activity programs, job training, and job retention for individuals with disabilities, who was…

Justia Opinion Summary: Plaintiff Finton Construction, Inc. (FCI) sued defendants Bidna & Keys, APLC (B&K), Howard Bidna, and Jon Longerbone (collectively defendants) for conversion, receipt of stolen property, and injunctive relief. These…

Justia Opinion Summary: Appellant has appealed his felony conviction for multiple counts of forgery and grand theft and is currently serving a sentence for his conviction. Following his sentencing, in November 2014, the California voters…

Justia Opinion Summary: Lopez was charged with felony possession of methamphetamine; being under the influence of methamphetamine, a misdemeanor; possession of drug paraphernalia, a misdemeanor; and possession of less than 28.5 grams of…

Justia Opinion Summary: In a prior litigation, FLIR filed suit against their former employees for, among other things, misappropriation of trade secrets. After the former employees prevailed in the underlying action, they obtained a ruling that…

Justia Opinion Summary: In a prior litigation, FLIR filed suit against their former employees for, among other things, misappropriation of trade secrets. After the former employees prevailed in the underlying action, they obtained a ruling that…

Justia Opinion Summary: Costco withheld federal and state payroll taxes from plaintiff's award for lost wages. The trial court, under Lisec v. United States, ruled that the withholding was improper and denied Costco's motion for acknowledgment…

Justia Opinion Summary: Plaintiff filed a class action against HCP, alleging causes of action for violation of the unfair competition law (UCL), Bus. & Prof. Code, 7200 et seq.; common law fraudulent concealment; and violation of the false…

Justia Opinion Summary: Defendant appealed his conviction for possession of cocaine base for sale. The court found an error under People v. Sanders because a juror who was excused during defendant's trial was then allowed to testify in the…

Justia Opinion Summary: Defendant appealed his convictions of robbery, burglary, and two counts of felony false imprisonment arising out of a single incident. The court concluded that there was sufficient evidence to convict defendant of felony…

Justia Opinion Summary: In March 2014, defendant pleaded guilty to felony possession of a controlled substance. In April 2014, he was sentenced to 16 months in state prison. In August 2014, he was released to postrelease community supervision…

Justia Opinion Summary: Defendant was convicted of first degree murder during the commission of a robbery (count 1), robbery (count 2 and 4), and active participation in a street gang (count 3). In the published portion of the opinion, the…

Justia Opinion Summary: Evilsizor and Sweeney married in 2010. Sweeney claimed that her son from a previous marriage had access to her cell phones, which were not password protected. The couple’s daughter was born in 2012. Sweeney became…

Justia Opinion Summary: Plaintiff filed suit against the hospital, alleging wage and labor claims. The trial court granted summary judgment for the hospital based on the ground that her claims were time-barred. The trial court rejected…

Justia Opinion Summary: Plaintiff challenged an order denying its motion to disqualify a law firm that substituted in to represent defendant approximately six months after one of the law firm’s attorneys served as a settlement officer in the…

Justia Opinion Summary: Defendant served a two-year prison term and was released on parole to Sutter County. Thereafter, in violation of his parole conditions, defendant cut off his global positioning system (GPS) monitor and possessed pepper…

Justia Opinion Summary: The Wongs bought a hillside home in San Carlos for $2.35 million from the Stolers. Several months after they moved in, the Wongs discovered that they and 12 of their neighbors were connected to a private sewer system and…

Justia Opinion Summary: Defendant appealed his conviction of two counts of assault with a deadly weapon, 40 ounce beer bottles. On appeal, defendant contended that he was not provided a competent interpreter and that it denied him a fair trial.…

Justia Opinion Summary: One day in the summer of 2012, petitioner was at an Albertson's grocery store in Irvine. He snuck up behind a woman in the frozen food isle, reached under her dress with his cell phone and started videotaping. Although…

Justia Opinion Summary: OEpic and ALi agreed to cooperate in developing a power amplifier for use in wireless networking devices and entered into a nondisclosure agreement. Wong signed the agreement on Ali’s behalf. Later, Wong formed…

Justia Opinion Summary: Plaintiffs-appellants Miriam Navarrete and her minor children Bryan, Stephanie, and Steven Navarette (collectively Navarrete) appealed the grant of summary judgment in favor of defendant-respondent Hayley Meyer on…

Justia Opinion Summary: Defendant was convicted of multiple counts related to his sexual abuse of his young stepdaughter. Defendant was sentenced to 40 years to life in prison, and a 12-year prison term was imposed for a Penal Code section…

Justia Opinion Summary: In January 2012, two vehicles collided at an intersection in Fountain Valley. The accident occurred sometime during the traffic light transitioned from green to yellow to red in the east-west lanes of Talbert Avenue.…

Justia Opinion Summary: The trial court granted a peremptory writ of mandate directing the City to set aside a decision by the City’s planning commission that upheld a building permit allowing the restriping of a parking lot owned by Triangle…

Justia Opinion Summary: Plaintiffs filed suit against Ocwen after their lender's purchase of their residence at a nonjudicial foreclosure sale, alleging that Ocwen violated Civil Code section 2923.6, the prohibition on "dual tracking" contained…

Justia Opinion Summary: WSCS objected to the District's offer of classrooms and related space at Crenshaw High School and filed a petition for writ of mandate, seeking a peremptory writ ordering the District to comply with its obligations under…

Justia Opinion Summary: Before trial, defendant Eisenhower Medical Center (EMC) served plaintiff David Litt a $15,000 settlement offer under Code of Civil Procedure section 998, which Litt did not accept. Litt subsequently added Compass Group…

Justia Opinion Summary: A fire damaged a 12-apartment Oakland building owned by Lee. The fire started in a ground floor unit. Lee’s insurer, California Capital, claimed that flames did not extend beyond that unit. Lee claims the fire damaged…

Justia Opinion Summary: Saez assaulted a female victim with a garrote on a San Francisco street in broad daylight. A witness called the police after seeing Saez “stomping” the victim as she lay on the sidewalk. Officer Barber located Saez near…

Justia Opinion Summary: Plaintiff, individually and as successor in interest to Debra Jean Sherman, together with Richard Sherman and Vicki Marlow, filed suit alleging negligence, strict liability, and loss of consortium claims against…

Justia Opinion Summary: Defendant and her husband appealed their conviction of three counts of child custody deprivation, contending that the underlying order of the family law court did not confer custody or visitation rights on the paternal…

Justia Opinion Summary: A jury found Billy Charles White guilty of rape of an intoxicated person and of rape of an unconscious person. The trial court sentenced White to three years in state prison and ordered him to register as a sex offender.…

Justia Opinion Summary: Defendant Taheedah Forrest physically attacked and threatened her sister-in-law, Patria Smith, who was testifying as a prosecution witness against Forrest's brother (Smith's husband) during his robbery trial. IA jury…

Justia Opinion Summary: Plaintiffs, Gabriel L. Roman and his live-in caregiver and former wife, filed suit alleging BRE had engaged in disability discrimination when the Romans attempted to view available units at the Villa Azure apartment…

Justia Opinion Summary: This case involved the County's approval of a no-bid contract for pharmacy administrator services under the Affordable Care Act (ACA), 42 U.S.C. 300gg et seq. On appeal, the County challenged the trial court's judgment…

Justia Opinion Summary: Defendant appealed her conviction for two counts of premeditated attempted murder, as well as other offenses, contending that the trial court erred in denying her Batson v. Kentucky and People v. Wheeler motions after…

Justia Opinion Summary: Plaintiff appealed from an order granting the motion of Arent Fox to strike the first and second causes of action of plaintiff's complaint under Code of Civil Procedure section 425.16. In this case, the order entered by…

Justia Opinion Summary: Defendant appealed a Proposition 47 resentencing order entered after he was convicted of possession of methamphetamine and previously sentenced to two years state prison. The court concluded that Proposition 47 provides…

Justia Opinion Summary: Plaintiff-appellant Albert Paulek petitioned the trial court for a writ of mandate, alleging defendant-respondent Western Riverside County Regional Conservation Authority (the Agency) erred by concluding: (1) a…

Justia Opinion Summary: Defendant-appellant Arturo Noriega raped and sodomized his girlfriend's stepdaughter from 2003 until 2010. Defendant was convicted of nine counts of aggravated sexual assault of a child by means of rape, for which he was…

Justia Opinion Summary: Under Pub. Util. Code 1701(a)1, the Public Utilities Commission (PUC ) promulgated Rule 1.1, stating: Any person who . . . transacts business with the Commission . . . agrees . . . never to mislead the Commission or its…

Justia Opinion Summary: This dispute concerns the real estate partnership interest that husband and wife own. Husband had owned the interest before marrying wife. The court held that when a spouse places separate property in joint title form,…

Justia Opinion Summary: Petitioner Jane J. (Mother) and real party Christopher J. (Father) were the parents of two boys, an older son, born in the fall of 2002, and a younger boy, born in January 2006. The couple separated in 2006 and divorced…

Justia Opinion Summary: While Contreras was being investigated for stealing money from a coworker‘s purse, officers found heroin on his person. Shortly thereafter, he was charged with possession of heroin and second degree burglary. He pleaded…

Justia Opinion Summary: The Santa Clara County Department of Family and Children’s Services filed a dependency petition, alleging that D., an infant born in 2014, came within the provisions of section 300 (b) (failure to protect), (c)…

Justia Opinion Summary: Respondent-trustee Bonnie Katzenstein, representing the Feinberg Family Trust (dated October 30, 1984), filed a petition after Rober Feinberg had passed away. Mr. Feinberg was the cosettlor and former cotrustee of the…

Justia Opinion Summary: A homeowner sued a general contractor for allegedly shoddy and incomplete work in connection with a major home remodeling contract. The homeowner’s complaint also contained a cause of action against the general…

Justia Opinion Summary: The Sexually Violent Predators Act (Welf. & Inst. Code, 6600) provides for involuntary civil commitment of offenders who are found to be sexually violent predators (SVP’s) after completing their prison terms. To…

Justia Opinion Summary: In 2004, CashCall, a licensed lender, issued Montgomery a consumer credit account. In 2011, CashCall sold that debt to GCFS for collection. In 2012, GCFS sold the debt to Mountain Lion. Neither GCFS nor Mountain Lion is…

Justia Opinion Summary: Plaintiffs filed a products liability suit, alleging that defendants are liable for the their injuries after using the medical device known as Infuse. At issue was whether the presence of a so-called “nominal defendant”…

Justia Opinion Summary: In 2012, new legislation imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property. Among other things, the statutory scheme provided that a court may award reasonable…

Justia Opinion Summary: Defendant Danny Namphonh was convicted by jury of continuous sexual abuse of a child under the age of 14. The victim was his half-sister. Defendant was sentenced to serve 12 years in prison, and was subject to a 20- year…

Justia Opinion Summary: Defendant-appellant D.T. (minor) and the victim had been friends before the incident at issue in this appeal. D.T. was 13 years old, and the victim was 14 years old. D.T. and the victim used to play and joke with each…

Justia Opinion Summary: After Chan’s mother died from internal hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued Curran for medical malpractice. Chan challenged the trial court’s post-verdict reduction of the…

Justia Opinion Summary: In an original wardship petition (Welf. & Inst. Code, 602), Elias., then 13 years old, was alleged to have committed a lewd and lascivious act upon a child under the age of 14 years, Pen. Code 288(a). Before and at the…

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging various wage and hour violations of the Labor Code, as well as other causes of action. On appeal, defendants challenged the trial court's denial of their motion to compel…

Justia Opinion Summary: Petitioner filed suit under the Private Attorney General Act (PAGA), Labor Code section 2699 et seq., alleging that real party in interest Pinkerton violated various provisions of the Labor Code. Pinkerton moved to…

Justia Opinion Summary: Plaintiffs filed a complaint against 24 Hour Fitness USA, Inc. (24 Hour) stating causes of action for premises liability, general negligence, and loss of consortium. Plaintiffs Etelvina and Pedro Jimenez appealed the…

Justia Opinion Summary: The trial court in this case granted defendant Rideout Memorial Hospital’s motion for summary judgment, finding that, as a matter of law, the emergency room physician who failed to diagnose and treat decedent’s brain…

Justia Opinion Summary: Defendants Samuel Navarro and Joseph Navarro are brothers. Defendant Eric Garcia is the brother of Lizbeth Robles, who is Samuel Navarro’s girlfriend; thus, Garcia is Samuel Navarro’s de facto brother-in-law. At one…

Justia Opinion Summary: Plaintiff City of Brentwood filed a petition, in its own right and as the “successor agency” to its former redevelopment agency, for a writ of mandate to dispute administrative rulings of real party in interest…

Justia Opinion Summary: At ten years of age, Joseph H. woke up early one morning and shot his father in the head as the father lay asleep on a sofa. Joseph had been physically abused and severely neglected by his mother, and was sexually abused…

Justia Opinion Summary: The parental rights to A.M. had been terminated when he was four years old; he had been a dependent of the juvenile court almost since birth. Throughout his life, A.M. had been cared for by professionals at a health care…

Justia Opinion Summary: In this appeal, which stemmed from an automobile accident, the issue was whether service of notice of entry of judgment by the party moving for new trial triggers the statutes’ jurisdictional deadlines. The court held…

Justia Opinion Summary: Defendant appealed her conviction for three counts of offering narcotics for sale, with special allegations regarding prior narcotics convictions. Defendant raised numerous issues on appeal regarding improper…

Justia Opinion Summary: The Department of Fish and Wildlife appealed a judgment in favor of the Siskiyou County Farm Bureau (Farm Bureau), interpreting a Fish and Game Code section 1602 requiring notification when an entity plans to…

Justia Opinion Summary: Justin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. and General Motors Company (not a party on appeal) under California's "lemon law" after buying a Silverado truck with an allegedly…

Justia Opinion Summary: J. was born in 1992 in prison and was subsequently abandoned to a stranger in a restaurant. J.’s father was convicted of murder before J.’s birth. The stranger became his guardian, but social services received complaints…

Justia Opinion Summary: Plaintiff appealed the trial court's application of the 90-day statute of limitations in Government Code section 66499.37 to his inverse condemnation action and conclusion that the action was untimely. While the court…

Justia Opinion Summary: Mira filed suit against defendants, seeking a declaration that its judgment lien was superior and senior to any lien that might be obtained by the Muse Parties with respect to the property at issue. The Muse Parties…

Justia Opinion Summary: Sanitation fee ratepayer Jack Moore sought to stop respondents City of Lemon Grove and the Lemon Grove Sanitation District from transferring funds collected as sewer service fees and charges to the City's general fund,…

Justia Opinion Summary: Oregel filed a class action against his former employer, PacPizza, alleging that PacPizza failed to fully reimburse delivery drivers for necessary expenses associated with using their personal vehicles to deliver pizza…

Justia Opinion Summary: Defendant pled no contest to two felonies, methamphetamine possession and receiving stolen property. After defendant completed his sentence, voters approved Proposition 47. If defendant files an application in the trial…

Justia Opinion Summary: Plaintiffs, food and beverage vendors, filed suit against AEG, Levy, and Canvas for failure to pay minimum wage and willfully misclassifying them as independent contractors in violation of Labor Code section 226.8. The…

Justia Opinion Summary: Plaintiff filed suit challenging a noncompetitive bid contract between Fresno Unified and Contractor for the construction of a middle school, alleging that the project should have been competitively bid because the…

Justia Opinion Summary: Allegheny appealed the denial of its motion to vacate its forfeiture of a bail bond, contending that the applicable statute required additional tolling of the forfeiture period while prosecutors decided whether to…

Justia Opinion Summary: Woodhouse worked at a school run by Camp, but was terminated for inappropriate interactions with young girls. The incident was reported to Child Protective Services but no official action was taken. In 2006, Woodhouse…

Justia Opinion Summary: Petitioner appealed the denial of his petition for writ of mandate, seeking to set aside the Board's decision rejecting petitioner's request for early termination of the probationary restrictions on his medical license.…

Justia Opinion Summary: Balboa Park, a large urban park created on pueblo lands almost 150 years ago, included as its central core the buildings and plazas designed and constructed for the 1915 Panama-California Exposition, and the adjoining…

Justia Opinion Summary: Harley-Davidson, Inc. and several of its subsidiaries sued the Franchise Tax Board for a tax refund. The trial court sustained the Board's demurrer to Harley-Davidson's commerce clause challenge to Revenue and Taxation…

Justia Opinion Summary: Plaintiff-appellant Rachel Verdugo appealed an order granting a motion to stay based on a forum selection clause in her employment agreement with defendant-respondent Alliantgroup, L.P. The clause designated Harris…

Justia Opinion Summary: Plaintiff-appellant Benedict Cosentino appealed an order that dismissed his claims against defendants-respondents Stella Fuller, John R. Magee, Jason P. Maldonado, William R. Ramos, and Robert B. Vargas based on the…

Justia Opinion Summary: Defendant appealed his conviction for felony possession of marijuana for sale. The superior court declined to instruct the jury that it could instead convict defendant of the lesser included offense of simple possession…

Justia Opinion Summary: In November 2012, respondents Animal Protection and Rescue League, Friends of the Seals, Ellen Shively, Deborah Saracini, Shannon Player, Robb Meade, Marilies Schoepflin, Dorota Valli, and Jerry Horna (collectively…

Justia Opinion Summary: Prior to this action, PCF Acquisitionco, LLC owned a former gas station at the corner of 4th and Folsom Streets in San Francisco. The site was marked as the future site of the Central Subway's Moscone station. Following…

Justia Opinion Summary: Plaintiff filed suit alleging that her attorneys negligently advised her to draw a check on an account that she owned but on which she was not a signatory and deposit the funds into another account she owned. Plaintiff…

Justia Opinion Summary: In September 2007, defendant Sutter Medical Foundation hired plaintiff Michaelin Higgins-Williams as a clinical assistant in Sutter's Shared Services Department. In June 2010, plaintiff reported to her treating…

Justia Opinion Summary: The Department of Industrial Relations determined that plaintiff Vector Resources, Inc. failed to pay the appropriate prevailing wages to its workers on a public works project for the San Diego Unified School District.…

Justia Opinion Summary: Andrew is the biological father of Emilio who was born in July 2013. Katherine is Emilio’s biological mother. Andrew and Katherine never married. Before the pregnancy, Andrew pled guilty to possession of metal knuckles…

Justia Opinion Summary: This case involves a dispute between neighbors over a patch of land. When plaintiff purchased her property, she thought the patch was on her property and put outdoor furniture on it. Later, the prior owner of defendant's…

Justia Opinion Summary: The underlying lawsuit in this case, "Retailers’ Credit Association of Grass Valley, Inc. v. Leonard," was filed by real party in interest Retailers’ Credit Association of Grass Valley, Inc., and alleged petitioner…

Justia Opinion Summary: Terrence Yohner filed this action in an attempt to prevent the California Department of Justice from listing his name and information concerning a sexual offense that he committed, on its Megan's Law Internet Web site.…

Justia Opinion Summary: At issue in this case was an insurance coverage dispute arising from underlying construction defect litigation in which Corona homeowners sued the developer, plaintiff-appellant Centex Homes for work performed by…

Justia Opinion Summary: Leeman filed a private enforcement action under Health and Safety Code 25249.5 (Proposition 65), alleging that t Adams Extract & Spice failed to issue an adequate warning that its product contained a chemical identified…

Justia Opinion Summary: Plaintiff appealed the trial court's sustaining of a demurrer without leave to amend, ruling that plaintiff obligated himself to pay a medical bill when he signed the "Cedars-Sinai Medical Center Conditions of…

Justia Opinion Summary: Defendant, a federal correctional peace officer, was convicted of second degree murder after he shot and killed a fellow federal correctional peace officer. The court concluded that the evidence was sufficient for a jury…

Justia Opinion Summary: This case stems from a dispute over control of certain church property. Appellants and other members of the Cho/Shin faction, with the WCP as a co-plaintiff, filed suit seeking declaratory relief, an injunction, and an…

Justia Opinion Summary: Plaintiff appealed from judgments entered after the trial court granted summary judgment in favor of defendants. At issue on appeal was whether the evidence is susceptible to only one legitimate inference supporting the…

Justia Opinion Summary: Mother appeals from the juvenile court's permanent restraining order against her requiring her to stay away from the father of their six-year-old daughter. Mother contends that there was insufficient evidence to support…

Justia Opinion Summary: A jury found defendant Jeremiah Jones guilty of three counts of making criminal threats, obstructing an officer, first degree burglary, and two counts of misdemeanor child endangerment. Defendant admitted two strikes,…

Justia Opinion Summary: In "Hahn v. Diaz-Barba," (194 Cal.App.4th 1177 (2011)), the Court of Appeal affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference…

Justia Opinion Summary: Plaintiff filed suit against Mid-Century for breach of the insurance policy and insurance bad faith after Mid-Century denied her tender of the defense of a lawsuit brought by nonparty Henri Baccouche. On appeal,…

Justia Opinion Summary: In this eminent domain proceeding, plaintiff Sacramento Area Flood Control Agency (SAFCA) acquired a fee simple interest in, a roadway easement over, and a temporary construction easement over a portion of defendant…

Justia Opinion Summary: Defendant-appellant Sharp Memorial Hospital (dba Sharp Rehabilitation Center) appealed the trial court's order granting plaintiff-respondent's Berthe Kabran's motion for new trial following a special verdict on a cause…

Justia Opinion Summary: Banning Ranch was a 400-acre parcel of largely undeveloped coastal property with active oilfield facilities and operations. Project proponents sought to develop one-fourth of Banning Ranch for residential and commercial…

Justia Opinion Summary: In 1992, Sena was convicted of second degree murder and sentenced to 16 years to life imprisonment. In 2011, the Board of Parole Hearings granted Sena parole. The Governor reversed that decision in 2012. The superior…

Justia Opinion Summary: Plaintiff claims that she entered into a credit card purchase from defendants, which did not involve mail order, shipping or cash advances, but that she “was asked for personal identification information, in the form of…

Justia Opinion Summary: Pacific appealed the Board's suspension of its license as the sanction for failing to notify the Board that a judgment had been entered against Pacific. Jerry McDaniel and his wife Delma own two corporations, Pacific and…

Justia Opinion Summary: A jury convicted Hall of possessing cocaine base for sale, and the trial court placed him on probation for three years subject to various conditions. Two of the conditions, pronounced orally, admonished him to stay away…

Justia Opinion Summary: Petitioners, truck drivers, seek relief from an order granting the motion of real party in interest Southern Counties Express to compel arbitration of petitioners’ wage and hour complaints to the Labor Commissioner. The…

Justia Opinion Summary: Plaintiff filed suit against his employer, Marshalls, alleging claims under the Labor Code Private Attorneys General Act of 2004 (PAGA), Lab. Code 2698-2699.5. The trial court granted plaintiff's motion to compel…

Justia Opinion Summary: Bashar Ahmedo and Sina Faton initially represented themselves in the proceedings before the trial court, which solely concerned the issue of a Domestic Violence Restraining Order (DVRO). The trial court granted a DVRO…

Justia Opinion Summary: Plaintiff appealed the trial court's denial of her request for expert witness fees and prejudgment interest under Civil Code section 3291. For purposes of determining whether a defendant failed to obtain a more favorable…

Justia Opinion Summary: Jefferson Street Ventures, LLC appealed a judgment rendered in favor of the City of Indio in this combined petition for writ of administrative mandamus/inverse condemnation action. In 2007, the City conditioned approval…

Justia Opinion Summary: Petitioner pled guilty to second degree murder in 1990 and received an indeterminate sentence of 15 years to life in prison. In 2000, while in prison, petitioner was convicted of conspiring to bring a controlled…

Justia Opinion Summary: Citing safety concerns, the jail commander at the Wayne Brown Correctional Facility gave notice in 2013 that lawyers would generally no longer be able to meet face-to-face with their incarcerated clients in visiting…

Justia Opinion Summary: UFW was certified as the bargaining representative for Gerawan employees in 1992, but UFW did not contact Gerawan until 2012. After a few months, the Board ordered the parties to a statutory Mandatory Mediation and…

Justia Opinion Summary: Fanucchi employees elected UFW to be their exclusive bargaining representative, but no bargaining occurred between 1988 and 2012. In 2012, UFW requested the recommencement of bargaining and Fanucchi refused. The Board…

Justia Opinion Summary: During a custody dispute between estranged spouses Rosa and Eric, Rosa and her mother, Mei Li, broke into the home of Eric’s grandmother, shot and killed the grandmother, and attempted to kill Eric. Both were convicted…

Justia Opinion Summary: Defendant appealed his convictions for making criminal threats and resisting arrest. Defendant argued that the trial court erred by granting his pretrial motion to represent himself and by not later reversing that order…

Justia Opinion Summary: Petitioners, the widow and children of a deceased firefighter, sought a writ of review after the Board denied reconsideration of the decision of the workers' compensation judge finding that the cancer presumption of…

Justia Opinion Summary: In 1994, Denize intentionally ran his vehicle into a store employee while trying to escape after shoplifting. He had three prior serious felony convictions. Denize is serving two consecutive “Three Strikes” life…

Justia Opinion Summary: A.W. appealed from the juvenile court’s jurisdiction findings and disposition order adjudging her four-year-old son, M.M., a dependent of the juvenile court, removing him from A.W.’s care and custody and placing him with…

Justia Opinion Summary: Plaintiff filed a malicious prosecution action against the Bank after he was acquitted of violating Penal Code section 422, making a criminal threat. In the court's prior opinion, it reversed a judgment in favor of…

Justia Opinion Summary: Ashley M., mother of minor P.R., appealed juvenile court orders terminating her parental rights. Her sole contention was that the court's decision was not supported by substantial evidence that there was good cause to…

Justia Opinion Summary: A jury convicted defendant-appellant Juan Covarrubias of second degree implied malice murder. The court sentenced Covarrubias to prison for 15 years to life. He appealed, contending the trial court erred when it refused…

Justia Opinion Summary: Peau shot and killed Guzman outside the home where Guzman lived with Vasquez and her family, including her father Gerardo. The shooting occurred after Guzman and Gerardo told Peau, a long-time friend of the family, to…

Justia Opinion Summary: Plaintiff filed suit against the attorneys who represented their adversaries in litigation over various financial transactions, alleging that the attorneys engaged in illegal conduct when they solicited and received…

Justia Opinion Summary: Plaintiffs, former police officers and firefighters employed by local public agencies, filed suit alleging that CalPERS's failure to pay enhanced retirement benefits under the Public Employees' Retirement Law (PERL),…

Justia Opinion Summary: Plaintiffs, who purported to have a remainder fee interest in the real property at issue, filed suit to quiet title to the property, claiming that the surviving spouse only had a life estate in the real property and no…

Justia Opinion Summary: Plaintiff filed suit against CalPERs, alleging that he was treated differently because he is Latino. Plaintiff's claims stemmed from CalPERS' refusal to award an investment management contract to plaintiff to manage…

Justia Opinion Summary: Plaintiffs appeal a judgment of dismissal following an order sustaining without leave to amend a demurrer by defendants. At issue is whether Labor Code section 3701.9 violates equal protection because it treats temporary…

Justia Opinion Summary: Kimberli Hirst, an employee of American Forensic Nurses, Inc. (AFN), brought a Fair Employment and Housing Act (FEHA) claim against the City of Oceanside (City), alleging she was sexually harassed by an Oceanside police…

Justia Opinion Summary: Plaintiff filed suit against defendant and his business seeking unpaid overtime wages. On appeal, defendant challenged an order denying his motion to set aside the default judgment. The court concluded that defendant's…

Justia Opinion Summary: Petitioner-respondent Anita Davis, advertising director of the Press-Enterprise newspaper, petitioned the trial court for a judgment establishing the Press-Enterprise as a newspaper of general circulation for the City of…

Justia Opinion Summary: Defendant, a juvenile, was alleged to have committed two counts of assault with a deadly weapon and burglary. The crimes were committed for the benefit of a criminal street gang with the specific intent to promote…

Justia Opinion Summary: Santa Clara County adopted a mitigated negative declaration and granted a use permit allowing Wozniak to host up to 28 weddings and other events annually, with up to 100 attendees, on 14.46 acres on Highway 35 in the…

Justia Opinion Summary: Tom and Penny Honer were married in 1982. During their marriage, they purchased and built up several grocery stores, two of which remained primary marital assets. The businesses were held by an S corporation. Tom was and…

Justia Opinion Summary: T.W. became a ward of the juvenile court in 2010. The petition alleged felony robbery and receiving stolen property. T.W. robbed the victim of her purse and was found in possession of a stolen ATM card and cell phone.…

Justia Opinion Summary: Defendant appealed the trial court's denial of his request to seal his juvenile records, which contain at least 14 incidents. Section 781, subdivision (a) grants the court discretion to seal the juvenile's delinquency…

Justia Opinion Summary: Petitioners sent real parties, the Los Angeles Police Department and Sheriff's Department, a California Public Records Act (CPRA), Gov. Code, 6254, subd. (f), request for their policies and guidelines concerning use of…

Justia Opinion Summary: Defendant is the mother of nine-year-old Ethan. Ethan is under the custody of his maternal grandmother and legal guardian. At issue on appeal was when the juvenile court orders a legal guardianship for a child with…

Justia Opinion Summary: In 2012, Robles was convicted of conspiracy to sell narcotic and non-narcotic controlled substances attempted robbery, and two first degree murders, with gang and firearm enhancements. In 2014, the California Supreme…

Justia Opinion Summary: Robles worked collecting food grease from restaurants until his 2010 termination. Robles’s supervisor cited Robles’s attempt to buy shoes at the Red Wing store, where employees can use an annual $150 shoe allowance.…

Justia Opinion Summary: This appeal stemmed from plaintiff's applications to SCE to interconnect solar generating systems to the SCE electricity grid to generate electricity for use on plaintiff's properties and to sell to SCE. At issue is the…

Justia Opinion Summary: Defendant shot and killed her husband and chased after her sons, shooting at and striking her eldest son. Defendant attempted to shoot herself in the head, but the bullet grazed her neck. Her son described defendant as…

Justia Opinion Summary: Plaintiff filed suit against BevMo seeking civil penalties for violation of Civil Code section 1747.08 of the Song-Beverly Credit Card Act, Cal. Civ. Code 1747 et seq. Plaintiff purchased alcohol online through BevMo's…

Justia Opinion Summary: Defendant has had a substance abuse problem since age 14, despite completing three substance abuse treatment programs between 1986 and 1997. He was convicted of theft in 1988 and incurred two burglary convictions in…

Justia Opinion Summary: Following the killing of an innocent bystander during a gang shooting and a separate stabbing incident, Vega was convicted of first degree murder (Pen. Code 187, 189) and voluntary manslaughter (192(a)), with special…

Justia Opinion Summary: Salazar was born in Mexico in 1945. He speaks little English and cannot write English. His wife attended school through the second grade. She does not speak, read or write English. They operate a food truck. In 1992,…

Justia Opinion Summary: The Los Angeles County Department of Children and Family Services filed a petition, alleging that four minors were at risk of physical harm and emotional damage due to their mother’s conduct. The petition stated that…

Justia Opinion Summary: Defendant Lawrence Jackio was convicted of attempted murder and other crimes associated with a home invasion and sentenced to both determinate and indeterminate terms in state prison. On appeal, he argued that his waiver…

Justia Opinion Summary: Defendant Juan Vizcarra appealed the sentence he received following a prior appeal. Vizcarra, whose Chicali gang moniker was "Shorty," stabbed a man affiliated with a rival street gang twice in the ribs with a knife,…

Justia Opinion Summary: PegaStaff, an agency that provides temporary staffing, provides staffing to Pacific Gas & Electric (PG&E), through a staffing agency with which PG&E directly contracted, initially Corestaff and later Agile. The…

Justia Opinion Summary: In 2005, former owners subdivided a Hayward lot into three residential lots. Alameda County approved a tentative map with a condition requiring connection to the District water system at the expense of the subdivider “in…

Justia Opinion Summary: The complaint alleged that in May 2010, a notice of default was recorded against plaintiffs’ Pasadena residence. In August 2011, a notice of trustee sale was recorded. Plaintiffs retained Rex Law to negotiate a loan…

Justia Opinion Summary: In 2010, Debra Hackett was seriously injured in an accident in Sacramento County in which a tractor and trailer owned by Silva Trucking, Inc. and driven by Elaine McDonold jackknifed and collided with the vehicle being…

Justia Opinion Summary: At issue in this case were allegations of a wrongful foreclosure and related causes of action. Plaintiff John Miles appealed a judgment dismissing his breach of contract, fraud, and negligent misrepresentation causes of…

Justia Opinion Summary: In 2010, 13-year-old D.W. admitted misdemeanor battery on a school employee and in exchange for dismissal of two counts of making criminal threats. D.W. was adjudged a ward of the court in Contra Costa County, placed on…

Justia Opinion Summary: Plaintiffs are trustees under “Coogan Trust Accounts,” which are statutorily required accounts to preserve 15 percent of a minor’s gross earnings for artistic or creative services for the benefit of the minor until the…

Justia Opinion Summary: Plaintiff was employed as an agricultural inspector aid by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures. Plaintiff was terminated from his position on February 18, 2010.…

Justia Opinion Summary: Luis V. (father) appealed a juvenile court order establishing jurisdiction over his three daughters: Briana V., Marlene V., and Patricia V., pursuant to Welfare & Institutions Code section 300. Father was the primary…

Justia Opinion Summary: Attorney Novak represented Kelly between 2007 and 2012. The two executed a contingency attorney fee agreement that granted Novak lien rights over any settlement Kelly received. In 2011, Novak filed a probate petition…

Justia Opinion Summary: In 2014 the California Supreme Court held, in Vargas, that where a defendant has suffered two prior convictions growing out of a single act, involving a single victim, only one of the convictions may be treated as a…

Justia Opinion Summary: Defendant-appellant Victoria Cook pled guilty to the misdemeanor offense of driving with a suspended license. A jury convicted defendant of three counts of gross vehicular manslaughter for the respective deaths of Zaria…

Justia Opinion Summary: A jury convicted defendant Sean Delacerda of simple kidnapping, false imprisonment, assault with a firearm, and domestic violence battery, and found true allegations that in committing those crimes he personally used a…

Justia Opinion Summary: Cypress sued, alleging that Maxim, had misappropriated a trade secret, or was in the process of doing so, by seeking to hire away specialists in touchscreen technology, a field in which Cypress and Maxim compete. Maxim…

Justia Opinion Summary: In 1995, Anthony was convicted of murder. In 2010, Anthony sought habeas corpus relief. The court granted the petition, finding that: the conviction was based on material false testimony; the key witness lied and…

Justia Opinion Summary: In 2007, the California Department of Transportation sought to condemn part of the Hansen parcel for a highway interchange. The Hansens operated a truck stop and sought additional compensation for impairment of highway…

Justia Opinion Summary: In 2006, the Alameda County District Attorney filed a wardship petition (Welf. & Inst. Code, 602) alleging Keith, then age 15, took and drove a van owned by Thomas (Veh. Code, 10851(a)) and received, withheld, or…

Justia Opinion Summary: Plaintiff Thomas W. Sefton, Jr. (Thomas Jr.) appealed a judgment awarding him $565,350, plus interest, from the estate of his grandfather, Joseph W. Sefton, Jr. (Grandfather). Grandfather died in 1966. In Grandfather's…

Justia Opinion Summary: Plaintiff Asama Pouzbaris appealed the grant of summary judgment entered in favor of defendant Prime Healthcare Services-Anaheim LLP d/b/a West Anaheim Medical Center. Plaintiff alleged that while she was a patient at…

Justia Opinion Summary: Amine Britel died intestate in 2011. Appellant Jackie Stennett, the mother of A.S., a child born out of wedlock, petitioned to administer Amine’s estate and for A.S. to be declared Amine’s heir. The court denied Jackie’s…

Justia Opinion Summary: Shortly before the collapse of the housing market, the Gavras, Agam, and Cohen formed a partnership to purchase, subdivide, and build two or three houses for resale in Los Altos Hills. They purchased and subdivided the…

Justia Opinion Summary: Following his last day of work as an employee of San Bernardino County, Frank Flethez underwent surgery for a work-related spinal injury he suffered in 1998. In 2008, he filed an application with the San Bernardino…

Justia Opinion Summary: Plaintiff-respondent Connie Anderson alleged that deputies from the San Bernardino Sheriff's Department, Steve Geist and Daniel Shelton, unlawfully entered her residence on two occasions, attempting to arrest her…

Justia Opinion Summary: Santana was charged with assault with a deadly weapon. After FC posted a $50,000 bail bond, Santana did not appear for arraignment. The court clerk mailed notice of forfeiture, stating that the obligation to pay the bond…

Justia Opinion Summary: In 2005 Brothers was living with several young children, including her granddaughter, Mimi, and John and Antwan. John and Antwan’s mother lived in the converted garage with her boyfriend, Gates. Brothers heard that Gates…

Justia Opinion Summary: A jury convicted defendant-appellant Shelby Shamblin of first degree murder, for which he was sentenced to 25 years to life in state prison. On appeal, defendant argued: (1) that there was insufficient evidence to…

Justia Opinion Summary: A jury convicted defendant of assault with a deadly weapon (Pen. Code 245(a)(1)), and found he inflicted great bodily injury (section 12022.7(a)) during the assault. Defendant admitted the five state prison priors more…

Justia Opinion Summary: When parties discharge waste that could affect the quality of California’s water they must pay a permit fee set by the State Water Resources Control Board, Wat. Code, 13260. In 2011, two of the five Board seats were…

Justia Opinion Summary: Drake and Brian each owned a 50 percent interest in the corporations; in the limited liability companies, they held different interests. Drake and Brian were each a director, officer, and shareholder or member of each…

Justia Opinion Summary: In February 2011, the City of San Juan Capistrano ("City Water") adopted a new water rate structure recommended by a consulting firm. City Water followed a pattern generally recommended by a manual used by public water…

Justia Opinion Summary: In 1985, the body of Joanna Jones and her stolen car were found separately. Spicer pled guilty to receiving stolen property, Jones’s car. In 2011 Spicer was charged with Jones’s murder with allegations that the murder…

Justia Opinion Summary: Based on firing shots at an occupied car, Sek and My were convicted of two counts of attempted murder and related crimes. The court of appeal reversed in part, holding that the trial court prejudicially erred by giving…

Justia Opinion Summary: Plaintiff-appellant Lawrence Pasternack appealed an order that granted a special motion to strike his complaint for malicious prosecution against an attorney and his law firm, defendants-respondents Thomas B. McCullough,…

Justia Opinion Summary: After defendant Jesus Osorio violated a condition of his parole, he was arrested and jailed. The California Department of Corrections and Rehabilitation, Division of Adult Parole Operations recommended that defendant’s…

Justia Opinion Summary: Defendant Roland Berry appealed the dismissal of his petition for recall of his indeterminate life sentence under Penal Code section 1170.126, enacted as part of the Three Strikes Reform Act (Voter Information Guide,…

Justia Opinion Summary: Environmental Law Foundation (ELF), sued Beech-Nut and other food manufacturers, distributors, and retailers, seeking enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as…

Justia Opinion Summary: Defendant James Galvan appealed the dismissal of his petition for resentencing under Penal Code section 1170.126. He argued the trial court erred in ruling he was ineligible for resentencing because the crime for which…

Justia Opinion Summary: In 1999, Willover was convicted of two counts of first degree murder, attempted premeditated murder, mayhem, and giving false information to a peace officer. The jury found true special circumstances and firearm…

Justia Opinion Summary: Before the enactment of Los Angeles Municipal Code section 14.3.1, developers of eldercare facilities had to obtain several zoning permits or variances. To “expedite the review process for these much-needed Eldercare…

Justia Opinion Summary: Plaintiff, a provider of credit repair software and services to credit repair organizations (CROs), sued for breach of contract, fraud, misappropriation of trade secrets, and interference with contract. Defendants work…

Justia Opinion Summary: Tam’s Burgers, at the Los Angeles intersection of Figueroa and 101st Streets, has a parking lot and drive-through and walk-up windows, adjacent to residential homes. The Police Department (LAPD) initiated a nuisance…

Justia Opinion Summary: Casitas is a publicly owned water utility in western Ventura County. Its territory includes Ojai. Most of Ojai receives water from Golden State, which charges rates that are more than double those charged by Casitas.…

Justia Opinion Summary: In 2003, Diaz shot and killed a rival gang member and ran to Vargas's home. Diaz was convicted of second degree murder. In a 2008 appeal, Diaz cited juror misconduct. After a gang expert testified, Juror 1 asked about…

Justia Opinion Summary: Plaintiffs-appellants Earl and Marina Rideau entered into an agreement with condominium developer, Inmobiliaria BGJB de Mexico, S. de R.L. de C.V. (BGJB; not a party to this appeal), to purchase a unit to be constructed…

Justia Opinion Summary: Conti and Kendrick were members of the Fremont Congregation of Jehovah’s Witnesses in the 1990s, and Kendrick was a ministerial servant, performing administrative tasks for the congregation. Conti alleged that Kendrick…

Justia Opinion Summary: The ACLU submitted a California Public Records Act (CPRA) request to Los Angeles County for invoices from any law firm in connection with nine lawsuits “brought by inmates involving alleged jail violence.” It also sought…

Justia Opinion Summary: Respondent and real party in interest Al-Nur Islamic Center was a nonprofit religious organization which intended to erect an Islamic community center and mosque in a residential neighborhood in an unincorporated area of…

Justia Opinion Summary: In 1999, defendant-appellant Derrick Lee Sledge was sentenced under the “Three Strikes” law to a term of 25 years to life in state prison for crimes he committed in 1998. After passage of the Three Strikes Reform Act of…

Justia Opinion Summary: Andrew is the biological father of Emilio, born in July 2013. Katherine is Emilio’s biological mother. Andrew and Katherine never married. Before Emilio was born, Andrew and Katherine had broken up. Katherine had become…

Justia Opinion Summary: Customers of a securities firm made claims against that firm based on real estate investments the firm’s broker-dealers recommended. An entity that had an interest in and operated each of the real estate investments…

Justia Opinion Summary: Ram’s Gate bought Sonoma County property from the Roches, intending to build a winery. The sellers agreed in the Purchase Agreement to disclose facts having a “material effect on the value of the ownership or use,”…

Justia Opinion Summary: Paul retained attorney Patton to draft an amendment to his revocable living trust. Paul signed the “Trust Amendment,” which, as drafted by Patton, named his wife, Helen, and his children, Stephen, David, Alan, and Nancy,…

Justia Opinion Summary: The juvenile court declared A.R., age four, a dependent of the court and ordered him to remain in the custody of both parents under the supervision of the Department of Family and Children’s Services. A.R.’s presumed…

Justia Opinion Summary: Code of Regulations, title 10, section 2695.183 was promulgated in 2010 following complaints by homeowners who lost their residences in wildfires that they did not have enough insurance to cover the full cost of…

Justia Opinion Summary: In 1995 Moreno was convicted of the 1992 murder of Bandel, and the attempted murders of five others. The convictions arose out of a gang-related shooting outside a Long Beach home. Moreno was the actual shooter. Sedillo…

Justia Opinion Summary: A jury found defendant-appellant Raul Rodriguez guilty of robbery and evading arrest with reckless driving. The jury also found true a prior strike conviction allegation and a prior serious felony conviction allegation.…

Justia Opinion Summary: In 1981, Barcelon was found dead in the basement of her San Francisco apartment building, her underwear around her ankles and jeans near her body. The Chief Medical Examiner during the 2012 trial, testified, based on…

Justia Opinion Summary: The California Air Resources Board (CARB) is charged with developing a state implementation plan in compliance with federal air quality standards. CARB is solely responsible for vehicular sources of air pollution. Local…

Justia Opinion Summary: A jury convicted Keith and Stokes, of cocaine base possession for sale and cocaine base transportation or sale, Health & Saf. Code 11351.5,11352(a). They committed these crimes on March 24, 2013. Effective January 1,…

Justia Opinion Summary: Appellants Delano Farms Company, Four Star Fruit, Inc., Gerawan Farming, Inc., Bidart Bros. and Blanc Vineyards, LLC, challenged the constitutionality of the statutory scheme that establishes respondent, the California…

Justia Opinion Summary: Contra Costa County owns and operates a drainage system on Lettia Road that connects to a drainage channel on adjacent property owned by Pinole Point. When the drainage channel is functioning, its water flows into the…

Justia Opinion Summary: Williamsburg executed a $200,000 bail bond for the release of a criminal defendant. Following his release, the defendant was scheduled to appear in court on July 20, 2012. The defendant failed to appear, and the court…

Justia Opinion Summary: Plaintiff bought the property in 2007. The last tenants moved out in 2010. Gas and electric utilities were turned off. In 2011, Plaintiff submitted a claim to Fire Insurance Exchange for a fire at the property. Exchange…

Justia Opinion Summary: The issue before the Court of Appeal in this case was one of yoga: whether a school district's implementation of a yoga program as a component of its physical education curriculum was an impermissible establishment of…

Justia Opinion Summary: After an LLC defaulted on a loan that had been used to purchase property for a section 1031 exchange, the lender’s successor brought a deficiency action to enforce commercial guaranty agreements executed by defendants…

Justia Opinion Summary: Robert filed a petition to dissolve his marriage to Isabel, an attorney in 2009. The court entered judgment on March 11, 2013. A second judgment was entered on March 18, 2013; it made handwritten changes to a single…

Justia Opinion Summary: R.T. was born in 1996. When R.T. was 14, she began running away for days at a time, not attending school, falsely reporting that her mother abused her, and at least once throwing furniture. R.T. began having children…

Justia Opinion Summary: Blaine Carian appeals a postjudgment order denying his motion for attorney fees pursuant to Code of Civil Procedure section 1021.5. In or about 1975, the Fish and Game Commission adopted a regulation that designated…

Justia Opinion Summary: This case centered on a claim for reimbursement made by California's State Department of Health Care Services for funds expended on behalf of an injured party by the state's Medi-Cal program. The injured party, Ashlynn…

Justia Opinion Summary: Defendant Marcelo Virgen Guzman appealed a trial court’s denial of his petition to recall his prison sentence under the Three Strikes Reform Act of 2012, added by Proposition 36. In 2006, a jury found Guzman guilty of…

Justia Opinion Summary: Huggins and his girlfriend Housley robbed Gomez and Bermudez in Oakland. Huggins shot Gomez. Weeks later, in Oakland, they robbed Huang and Kang. Huggins shot and killed Kang, taking $10, a Chase card, and a GPS system.…

Justia Opinion Summary: After Rio School District’s new school was completed, the District and its general contractor (FTR) engaged in a decade-long legal battle, resulting in a judgment for FTR exceeding $9 million. Public Contract Code…

Justia Opinion Summary: Plaintiffs were represented by defendant attorneys in an action against State Farm arising out of the 1994 Northridge earthquake. Court-appointed retired judges presided over a 1997 aggregate settlement. In 2012, one of…

Justia Opinion Summary: A petition filed in 2008 by the Los Angeles County Department of Children and Family Services (DCFS) alleged that D.A., born late 2007, and his half-brother Z.S., born early 2006, were at risk of harm under Welfare and…

Justia Opinion Summary: McGrath Lake has about 12 acres of surface area. Its subwatershed consists of approximately 1,200 acres including agricultural fields, petroleum facilities, park land, public roads and a closed landfill. Runoff reaches…

Justia Opinion Summary: Defendant Superior Court of Nevada County (SCNC) appealed a jury verdict in favor of plaintiff and former employee Emily Gallup. Gallup brought this action alleging, in part, that SCNC retaliated against her in violation…

Justia Opinion Summary: Plaintiff Ronald Lee Cline was severely injured when his motorcycle collided with a turning car driven by a teenager with a provisional license. He settled with the driver and the driver’s parents for their $100,000…

Justia Opinion Summary: Simplon Ballpark, LLC sued John Scull for breach of fiduciary duty. After a bench trial, the court issued a statement of decision and entered a judgment in favor of Simplon. On June 21, 2012, the court clerk served by…

Justia Opinion Summary: Since 1996, retired employees of the City and County of San Francisco) have been eligible for a supplemental cost of living allowance (COLA) as part of their pension benefits when the retirement fund’s earnings from the…

Justia Opinion Summary: Plaintiffs alleged that decedent died from malignant pleural mesothelioma as a result of exposure to asbestos at BNSF’s Wichita dismantling facility and roundhouse, where decedent worked. BNSF moved to quash service of…

Justia Opinion Summary: Mother Tami Winternitz appealed the denial of her move away request involving her daughter Jamison (born 2001) with ex-husband-father Dr. William Winternitz. Mother argued the custody evaluator failed to comply with…

Justia Opinion Summary: Pomianowski was 19 years old when she was in an automobile accident which left her a ventilator-dependent quadriplegic. She required total care in all aspects of daily living. A lawsuit filed against the County of Santa…

Justia Opinion Summary: Utrecht represented Loanvest in a lawsuit arising out of a loan that was secured by an interest in Oakland property. Utrecht successfully opposed Madow’s motion for a preliminary injunction that would have prevented…

Justia Opinion Summary: Great Oaks, a water retailer, challenged a fee imposed on water it draws from wells on its property. The power to impose such a fee is vested in the Santa Clara Valley Water Management District under the Santa Clara…

Justia Opinion Summary: Aaron S. was adjudged a dependent minor when he was 16 years old and became a non-minor dependent when he turned 18,Welf. & Inst. Code, 11400(v). The juvenile court terminated dependency jurisdiction shortly before Aaron…

Justia Opinion Summary: In 2008 Knox, the mother of Keys and the sister of Smith underwent surgery on her thyroid. When Knox was transferred from a post-anesthesia care unit to a medical-surgical unit, a nurse noticed Knox’s breathing was…

Justia Opinion Summary: Oak Shores is a 660-unit single-family residential common interest development, governed by the Oak Shores Community Association (Association). Only 125 to 150, of the homes are occupied by full-time residents.…

Justia Opinion Summary: McCready's husband sold his business, Billy Bags, to Whorf before he died. Whorf failed to make payments. McCready sued and obtained a judgment of $134,927.36 that provided, "McCready is awarded an equitable lien on the…

Justia Opinion Summary: At issue in this appeal was section 1571, subdivision (a) of the Unclaimed Property Law (UPL): "The [State] Controller may at reasonable times and upon reasonable notice examine the records of any [entity] if the…

Justia Opinion Summary: The Boyces signed a $1.155 million promissory note payable to Pacific Mortgage, secured by a deed of trust on their Santa Barbara house. Pacific Mortgage endorsed the note to Option One, which endorsed the note in blank…

Justia Opinion Summary: Defendant was charged with lewd and lascivious conduct with a child after his girlfriend’s daughter reported molestation. The prosecutor told the defender (Hinman) that the People would accept a settlement offer for a…

Justia Opinion Summary: Subject to exceptions, the Song-Beverly Credit Card Act of 1971 (Civ. Code, 1747) generally prohibits a retailer from requesting and recording a customer’s “personal identification information” when the customer is…

Justia Opinion Summary: Defendant-appellant Javante Scott appealed the sentence he received at a resentencing hearing, when the trial court imposed the same 120-years-to-life term as at his original sentencing. Defendant was tried as an adult…

Justia Opinion Summary: Petitioner Hyundai Motor Company petitioned the Court of Appeal for a writ of mandate to stay a scheduled judgment debtor examination of its president and chief executive officer over a dispute regarding an attempt by…

Justia Opinion Summary: In 1994, at age 14, Ruelas admitted committing felony assault with a deadly weapon and misdemeanor annoying or molesting a child. Three years later, while Ruelas was still a minor, the juvenile court found true…

Justia Opinion Summary: Plaintiffs Trilogy at Glenn Ivy Maintenance Association and various homeowners filed suit against defendant Shea Homes, Inc., and others alleging, inter alia, that Shea improperly diverted revenues from a contract that…

Justia Opinion Summary: Amis alleged that his former attorneys committed malpractice by “caus[ing]” him to execute a settlement agreement that converted his company’s corporate obligations into Amis’s personal obligations without advising Amis…

Justia Opinion Summary: Charter was Glendale’s cable service provider. Glendale sought a temporary restraining order preventing Charter from realigning its public, educational, and government channel numbers. Charter made several cross-claims.…

Justia Opinion Summary: Plaintiff, the Environmental Law Foundation (ELF), filed a complaint against Beech-Nut Nutrition Corporation and various other food manufacturers, distributors, and retailers, seeking enforcement of the provisions of the…

Justia Opinion Summary: I-CA is a small business owned by Alonis that imports products from Israel to California. Palram, based in Israel, manufactures corrugated panels. I-CA opened the first U.S. warehouse for Palram and started importing its…

Justia Opinion Summary: The United Water Conservation District manages groundwater resources in central Ventura County. San Buenaventura (City) pumps groundwater from District territory and sells it to residential customers. The District…

Justia Opinion Summary: Plaintiff sued the Castaldis for stealing antiques he owned. The first phase of trial dealt with liability, compensatory damages and whether plaintiff was entitled to punitive damages. The second phase dealt with the…

Justia Opinion Summary: Ashley Tamas appealed a trial court order sustaining defendants Safeway, Inc. and Lucerne Foods, Inc.'s (collectively Safeway) demurrer to Tamas’ proposed class action complaint without leave to amend. In her complaint,…

Justia Opinion Summary: Serafin sued her former employer Balco, alleging wrongful termination, harassment, and defamation. The trial court granted Balco’s motion to stay the litigation until the completion of binding arbitration based upon an…

Justia Opinion Summary: Lanquist and Temple served as midshipmen at the Academy for four years before they became commissioned naval officers. Both men later became employees of Ventura County. They are members of VCERA, which permits employees…

Justia Opinion Summary: Defendants Rashon Abernathy, Seandell Jones and Shaquille Jordan were 17 years old at the time of a robbery and killing. The three were convicted of first degree murder, two counts of robbery, shooting at an occupied…

Justia Opinion Summary: Daniel Ukkestad, co-trustee of the Larry Gene Mabee Revocable Trust, appealed a probate court order denying his petition to confirm that two parcels of real property are part of the Trust's assets. After review, the…

Justia Opinion Summary: Johnson was involuntarily committed to a state mental hospital after a jury found him to be a sexually violent predator (SVP). He appealed and, later, filed two petitions for a writ of habeas corpus. In consolidated…

Justia Opinion Summary: Mother had legal and physical custody; Father had visitation. Mother obtained a restraining order, prohibiting Father from harassing or contacting Mother except to facilitate visitation, and requiring him to stay 100…

Justia Opinion Summary: In 2009, father punched mother in the face once. In 2013, they separated. The three children lived primarily with mother and attended weekend visits with father. In 2014, the children attended a party with father, who…

Justia Opinion Summary: In 2005, the Sacramento County Public Defender (the Public Defender) filed a petition for writ of habeas corpus on behalf of David Osburn and others, contending the Sacramento County Sheriff had unlawfully detained…

Justia Opinion Summary: A jury convicted Melvin James Anderson of residential burglary, first degree robbery, assault with a firearm, and being a felon in possession of a firearm. The jury found true allegations that Anderson personally used a…

Justia Opinion Summary: Defendant Robert Velasco was convicted by jury of attempted first degree robbery, assault with a firearm, possession of a firearm by a felon, and street terrorism. The jury also found as to counts 1 and 4, that defendant…

Justia Opinion Summary: Plaintiffs obtained loans to purchase their home in 2005, each secured by a deed of trust. Wells Fargo had the senior lien, and Chase had the junior lien. Wells Fargo foreclosed on the property, but the proceeds were not…

Justia Opinion Summary: This case was one of many arising out of the 2011 legislation that brought about the “Great Dissolution” of California’s redevelopment agencies. Plaintiff County of Sonoma, in its capacity as the “successor agency” to…

Justia Opinion Summary: Appellant, de facto parent of minor M.M., appealed a juvenile court’s order removing the minor from her home at the selection and implementation hearing. She argued on appeal she was entitled to notice and a hearing…

Justia Opinion Summary: Marvalyn DeCambre, M.D., a physician specializing in pediatric urology, filed an action against Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of…

Justia Opinion Summary: Anderson was convicted (on retrial) of first degree murder (Pen. Code, 187(a)), but acquitted of an attempted murder. The jury found true allegations that Anderson personally and intentionally discharged a firearm…

Justia Opinion Summary: The California State Personnel Board upheld Telish’s dismissal from his position with the California Department of Justice based on findings that he intimidated, threatened to release sexually explicit photographs of,…

Justia Opinion Summary: Penal Code section 647(j)(2) criminalizes the act of secretly filming or photographing an “identifiable person” under or through that person’s clothing so as to view the person’s body or undergarments, for sexual…

Justia Opinion Summary: Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific Coast), ran his vehicle into appellant Daniel Bean's truck while Bean was stopped at a red light. Bean suffered serious injuries as a…

Justia Opinion Summary: In 1996, a jury convicted defendant Scott Smith of possessing methamphetamine for sale and the sale or transportation of it. The trial court found true allegations defendant had five prior burglary convictions and…

Justia Opinion Summary: Kathleen Strong appealed an order that denied her motion for postjudgment attorney fees incurred in enforcing a judgment for fees awarded for her successful defense of a Strategic Litigation Against Public Participation…

Justia Opinion Summary: Buckminster Fuller, “Bucky,” a designer, author, and inventor, well known for popularizing the geodesic dome, died in 1983. Beginning around 2009, Maxfield manufactured and distributed products under the Buckyball and…

Justia Opinion Summary: In 2011 and 2012, the government brought enforcement actions against more than 80 facilities alleged to be selling and distributing marijuana for medicinal purposes in violation of the Los Angeles Municipal Code for…

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on criminal convictions arising from two shootings separated by less than one month, both that were retaliation for stolen drugs. In the second…

Justia Opinion Summary: After a long and contentious child custody dispute, during which Father made multiple accusations against Mother, the family court issued an order declaring Father a vexatious litigant and prohibiting him from filing any…

Justia Opinion Summary: Plaintiff, a massage therapist at a spa, filed an employment action against her employer, alleging that she was subjected to harassing and discriminatory conduct by two customers. She alleged: sex discrimination, sexual…

Justia Opinion Summary: Plaintiff Dione Aguirre appealed an order denying class certification. Plaintiff sued defendants Amscan Holdings, Inc., and PA Acquisition, doing business as Party America (collectively, Party America) on behalf of…

Justia Opinion Summary: A jury found defendant Charandeep Singh guilty of felony vandalism, making criminal threats, and assault with a deadly weapon (a baseball bat). It was unable to reach a verdict with respect to counts alleging assault…

Justia Opinion Summary: Defendant Derek Pierce appealed following the trial court’s modification of an order requiring defendant to pay restitution to various victims. Defendant argued: (1) the trial court erred in modifying the restitution…

Justia Opinion Summary: Animal Legal Defense Fund (plaintiff) sued LT and Frank, the head chef at Napa restaurant La Toque, (defendants), alleging defendants sold foie gras in their Napa restaurant in violation of Health and Safety Code 25982.…

Justia Opinion Summary: In September 2006, Blue Shield, canceled DuBeck’s medical insurance policy, claiming DuBeck had made material misrepresentations in her application and concealed that she had undergone a fine needle aspiration for a lump…

Justia Opinion Summary: This action started with one of several neighboring property owners establishing an easement for the purpose of access to their properties over land owned by appellant Alfred Robert Pereira, Jr. The neighbors first filed…

Justia Opinion Summary: The Fresno County Department of Social Services took custody of Cindy’s children, ages 14, 9, and 2, in 2010, after Cindy was arrested for being under the influence of PCP and for child endangerment. She had been using…

Justia Opinion Summary: In 2007, Jessica Gonzalez alleged she was sexually assaulted by Rebagliati and nine other members of the De Anza College baseball team. A year later, Gonzalez filed a civil lawsuit against her purported assailants.…

Justia Opinion Summary: Tittle and Jackson were charged with attempted willful, deliberate, and premeditated murder; shooting at an inhabited dwelling; and possession of a firearm by a felon. Tittle was also charged with attempting to elude a…

Justia Opinion Summary: The 22-acre Shuler ranch in Soma is below 1000 acres owned by Sunshine Agriculture. After agricultural operations expanded up the hillside, it collapsed onto the Shuler property. The Shulers sued, alleging: "Defendants .…

Justia Opinion Summary: Shaun Trabert purchased a used vehicle from an automobile dealer. Trabert signed a preprinted industry-drafted installment sales contract. The dealer then assigned the contract to Consumer Portfolio Services, Inc.…

Justia Opinion Summary: Plaintiff-appellant Windsor Food Quality Company, Ltd. manufactured Jose Ole frozen food products, using ground beef supplied by Westland/Hallmark Meat Company. In 2008, after a voluntary United States Department of…

Justia Opinion Summary: In 1998, after being beaten by men in a park, G, age 17, and his friend took the friend’s father’s handgun to the assailants’ house. G held the gun to a woman’s head and threatened to shoot. Men, holding baseball bats,…

Justia Opinion Summary: Loma San Marcos, LLC, Questhaven Pacific View, LLC, and La Paz Sunset, Inc. (collectively "Loma San Marcos") purchased a 15-acre property subject to a security and lien agreement with the City of San Marcos. The…

Justia Opinion Summary: Securitas Security Services USA, Inc. petitioned the Court of Appeal for a writ of mandate and/or prohibition to challenge a superior court order granting its amended motion to compel arbitration in which the court…

Justia Opinion Summary: Petitioner Universal Protection Service, L.P. petitioned the Court of Appeal for a writ of mandate and/or prohibition to challenge the superior court's order granting real party in interest Floridalma Franco's demand to…

Justia Opinion Summary: Petitioners sought the disqualification of the law firm of AlvaradoSmith, which: (1) previously represented another law firm in an attorney fee dispute; and (2) in this case, represented an expert seeking consulting fees…

Justia Opinion Summary: Rebulloza pleaded no contest to one count of indecent exposure for exposing himself on a street corner in San José. The trial court granted a three-year term of probation to include one year in county jail as a condition…

Justia Opinion Summary: In 2012 the voters adopted Proposition 36, the Three Strikes Reform Act, imposing life sentences for dangerous criminals whose most recent offense is classified as either a dangerous or a serious felony. A reduced…

Justia Opinion Summary: Eva Mies sought class action certification in order to sue her former employer, Sephora U.S.A., Inc. (Sephora), on behalf of employees who, like her, worked as "Specialists" in Sephora’s California retail stores. Mies…

Justia Opinion Summary: In 2004, Berkeley issued a use permit for construction of a building with 51 residential rental units and ground floor commercial space. Permit condition 10 provides: “Before submission for building permit, the applicant…

Justia Opinion Summary: Franco filed a purported class action as an employee of Athens Services, claiming Labor Code and wage-order violations. He also sued in a representative capacity under the Private Attorneys General Act (Lab. Code 2698)…

Justia Opinion Summary: Sanowicz and Bacal are licensed real estate salespersons. Sanowicz alleges that he and Bacal agreed to share commissions earned by either of them on certain sales of real property, but that Bacal breached that agreement.…

Justia Opinion Summary: An individual and a hotel who incurred a one percent surcharge on their electricity bills, collected by Southern California Edison (SCE) and remitted to the City of Santa Barbara, filed a class action challenging its…

Justia Opinion Summary: The objector is a beneficiary of the 2005 Brown Revocable Trust, which provided that upon Brown’s death, the objector would receive a house for the care of Brown’s cats. Brown’s conservator, Siegel, filed a probate court…

Justia Opinion Summary: Lydig Construction was the general contractor on a large public works project. Martinez Steel was the original steel supply subcontractor on the project. Lydig sued Martinez for additional costs Lydig incurred because…

Justia Opinion Summary: In 2011, 16-year-old Roxanne exhibited signs of emotional problems. Her parents failed to pursue counseling, after being advised to do so. Roxanne later told her teachers that she had suicidal thoughts because she was…

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on an attorney fee provision in a lease agreement which allows the prevailing party in any action arising out of the homeowner's tenancy, the…

Justia Opinion Summary: The California Air Resources Board is charged with implementing the California Global Warming Solutions Act of 2006. (Health & Saf. Code 38500). The Board’s mandate includes adopting rules and regulations to achieve the…

Justia Opinion Summary: At the start of the dependency proceedings, the juvenile court and Ventura County Human Services Agency believed the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901, did not apply to Eskimo families. Father and mother…

Justia Opinion Summary: Father and mother divorced in 2004. They had two children. With regard to child support, the judgment of dissolution incorporated the parties' marital settlement agreement, which provided: "A. So long as both parties are…

Justia Opinion Summary: Police officers detained and searched D.D. (a juvenile) and a companion after observing them apparently smoking marijuana in a private parking area. D.D. was found to be in possession of a concealed loaded handgun and…

Justia Opinion Summary: Clausen suffered a stroke and was admitted to Covenant's skilled nursing facility. After she died, her daughter sued Covenant for wrongful death, elder abuse, and violation of "patients' rights" under Health & Saf. Code…

Justia Opinion Summary: Time Warner Cable buys content from programmers, who require it to offer their channels as part of TW’s enhanced basic cable programming tier. TW paid the Lakers $3 billion for licensing rights to televise Lakers games…

Justia Opinion Summary: Defendant Theodore Soria appeals after a jury found him guilty of rape of an unconscious person and rape of an intoxicated person. Defendant admitted habitual criminal prior serious felony and strike conviction…

Justia Opinion Summary: The parties did not dispute the facts of the various transactions in this case, only the legal conclusions to be drawn from them. At the center, this case concerned the County of Orange’s property tax reassessment of a…

Justia Opinion Summary: A jury found the University of California San Diego Medical Center (UCSD) failed to timely diagnose Barbara Kastan's breast cancer in 2007 resulting in her death in 2010. The Regents of the University of California…

Justia Opinion Summary: Brill, an attorney, and Rodriguez lived together as husband and wife for years. When they separated, Rodriguez sued, asserting that Brill promised to support her for the rest of her life and, in exchange, she gave up…

Justia Opinion Summary: Munoz replaced the carpeting in his upstairs condominium unit with hardwood flooring because of his wife’s allergies The Homeowners Association (HOA) obtained a preliminary injunction requiring Munoz to remedy the…

Justia Opinion Summary: Guam attorney Lujan was sued in two lawsuits in Hawaii, followed by another in California, which could have cost him millions of dollars, loss of reputation, and possibly his license to practice law. He hired a law firm…

Justia Opinion Summary: Grebing was injured while exercising at a 24 Hour Fitness facility in La Mirada. The trial court granted 24 Hour summary judgment, holding that Grebing had signed a valid release of liability and 24 Hour did not act…

Justia Opinion Summary: Defendant Leon Wilson Crockett filed a petition to recall his indeterminate life sentence. The statute, enacted as part of a November 2012 initiative measure, provided retrospective relief under narrow criteria from…

Justia Opinion Summary: Defendant-appellant Anthony Harris appealed the denial of his motion to suppress evidence obtained during a blood test taken after he was arrested on suspicion of DUI. The superior court appellate division affirmed the…

Justia Opinion Summary: Horne filed an employment discrimination action. The trial court granted summary judgment in favor of District Council 16, reasoning that Horne was unable to establish that he was qualified for the union organizer…

Justia Opinion Summary: This issue this case presented for the Court of Appeal's review centered on a challenge under the California Environmental Quality Act (CEQA) to certification of an environmental impact report (EIR) and approval of a…

Justia Opinion Summary: Defendant City of San Diego appealed a judgment granting the petition of plaintiff CREED-21 (CREED) for injunctive and other relief for violation of the California Environmental Quality Act (CEQA) relating to emergency…

Justia Opinion Summary: Bob has been the pastor of Visalia’s Calvary Chapel Church for 35 years; he wrote a book, “A Common Miracle,” runs a website to teach the Bible, hosts a radio show, and volunteers as a police chaplain. Bob has been…

Justia Opinion Summary: Andrews was convicted of misdemeanor sexual battery (Pen. Code 242-243.4(e)(1)). The jury also convicted defendant of three felonies (counts 3, 4 and 5) involving a second victim, Juanita. But, as to the first victim…

Justia Opinion Summary: The Galstians abandoned their properties in Iran in 1978, when the family fled to Los Angeles after the overthrow of the Shah. In 1996, the Iranian government allowed the Galstians to enter Iran and begin reclaiming and…

Justia Opinion Summary: Following a 2013 shooting at a birthday celebration, Tittle and Jackson were convicted on charges of attempted murder, shooting at an inhabited dwelling, and possession of a firearm by a felon. Tittle was charged with…

Justia Opinion Summary: Belasco bought a new Manhattan Beach residence in 2004 from the builder (Wells). In 2006, Belasco filed a complaint with the Contractors State License Board, alleging construction defects. Belasco and Wells settled the…

Justia Opinion Summary: The Unions, representing employees in five Sheriff’s Department bargaining units, entered into collective bargaining agreements with the County of Los Angeles that contained grievance procedures for resolving complaints…

Justia Opinion Summary: In November 2013 the Los Angeles Department of Children and Family Services filed a dependency petition on behalf of Elizabeth’s three children, ages 10, eight and six, alleging Elizabeth had a history of substance abuse…

Justia Opinion Summary: Since 1962, Athens has been the exclusive residential waste hauling franchisee for Montebello. In 2008, a candidate for the City Council approached Athens about becoming the city’s exclusive commercial waste hauling…

Justia Opinion Summary: Nealy was hired by Santa Monica in 1996 and became a recycling worker. Nealy injured his knee on the job in 2003. A doctor declared him temporarily totally disabled until 2005, when he was released to “light duty” with…

Justia Opinion Summary: Following a 2012 Los Angeles shooting Castaneda died; Barragan and Villanueva survived. Two surveillance cameras recorded the shooting. Police directed their attention to Art, who was then 13 years old. Art’s custodial…

Justia Opinion Summary: Petitioner Eddie E., an undocumented immigrant, sought a writ of mandate to overturn the trial court's refusal to make favorable findings under the Immigration and Nationality Act, title 8 of the United States Code…

Justia Opinion Summary: Wade, an apartment tenant living alone, was evicted after the City of Los Angeles determined his unit, a converted recreation room, was an illegal rental. Wade asserted he has an orthopedic disability impairing personal…

Justia Opinion Summary: Wade was charged with carrying a loaded firearm on his person (Pen. Code, 25850 (a)) for wearing a backpack containing a loaded revolver while being pursued by a police officer. The trial court granted defendant’s…

Justia Opinion Summary: California's Department of Fish and Wildlife chose to use a program environmental impact report (EIR) to analyze enterprises' impacts on a statewide basis. Instead of addressing impacts on specific locations the…

Justia Opinion Summary: Three health care workers sued their hospital employer in this putative class and private attorney general enforcement action for alleged Labor Code violations and related claims. In this appeal, the workers argued that…

Justia Opinion Summary: In this case, the Court of Appeal issued an opinion in an appeal from two plaintiffs, represented by the same counsel, who were both nonsuited at trial. The Court affirmed the judgment of nonsuit as to the first…

Justia Opinion Summary: Lewis was convicted by a jury of five counts of lewd and lascivious acts on a child (Pen. Code, 288 (a)), and was sentenced to 29 years to life in prison. One count involved conduct with Angelina B. in 2006 or 2007, and…

Justia Opinion Summary: Cisneros was charged with two counts of making a criminal threat against Pitts (Pen. Code, 422), failure to register as a sex offender (section 290 (b)) and sexual intercourse with a minor, Pitts (261.5 (c)). The…

Justia Opinion Summary: The gas company found stray voltage on Wilson’s gas meter the year after she moved into her house, and again two years later. Edison paid for measures that virtually eliminated the voltage on the meter. After Wilson…

Justia Opinion Summary: Appellant Linda Vista Village San Diego Homeowners Association, Inc. appealed the dismissal of their request for a declaratory judgment and other relief. Appellant's complaint was filed in 2012 against…

Justia Opinion Summary: A jury convicted defendant Dana Wilson of one count of assault with a deadly weapon (count 1) and three counts of making criminal threats (counts 2, 4, and 5). The jury further found that defendant personally used a…

Justia Opinion Summary: Petitioner Andrew V. (Father) filed a petition for writ of mandate / prohibition and a request for an immediate stay of respondent court’s “temporary” move-away order of January 14, 2015. Jessica V. (Mother) opposed the…

Justia Opinion Summary: Plaintiffs, former employees of Pacific Bell, took early retirement, with the option to take a pension or a lump sum payment. All chose the lump sum, persuaded to do so by Kearney, with whom each plaintiff had…

Justia Opinion Summary: Plaintiffs purchased a home subject to a deed of trust. After they defaulted on their loan, nonjudicial foreclosure proceedings were initiated, and the beneficiary of the deed of trust, OneWest, purchased the property at…

Justia Opinion Summary: Todd McNair, a former assistant football coach at the University of Southern California, sued the National Collegiate Athletic Association. The NCAA specially moved to strike plaintiff’s complaint on the ground the…

Justia Opinion Summary: Plaintiffs challenged a City of Sacramento ordinance. Among other things, they argued the ordinance was unconstitutional both on its face and as applied to them. A private property owner agreed that plaintiffs, 22…

Justia Opinion Summary: Malbrough and Simmons were charged in connection with 12 Oakland home-invasion robberies that took place in 2010. The men would enter homes with guns drawn and rob the occupants of their money, jewelry, cell phones and…

Justia Opinion Summary: Before it was acquired by DirecTV, 180 Connect entered into an employment arbitration agreement with Marenco, which prohibited filing a class or collective action, or a representative or private attorney general action.…

Justia Opinion Summary: Baral and Schnitt owned a company, IQ. Baral accused Schnitt of fraud and breaches of fiduciary duty, seizing control and secretly negotiating the sale of IQ to his advantage, while excluding Baral’s membership interest…

Justia Opinion Summary: The Department of Children and Family Services filed a petition under Welfare and Institutions Code 300 (b) on behalf of five-year-old Cole, alleging that Father allowed Amber, an unrelated adult and current drug abuser,…

Justia Opinion Summary: Defendant Jose Munoz violated probation by driving on a suspended license and possessing methamphetamine. The trial court sentenced him to three years in county jail followed by three years of mandatory supervision…

Justia Opinion Summary: In 2000, defendant was taken into custody on unrelated charges and was found to have individually wrapped plastic bags of heroin in his belongings. He spontaneously stated he had been making a delivery. After waiving his…

Justia Opinion Summary: Daer filed a personal injury suit, alleging material and design defects in a tire manufactured by Yokohama and sold by Costco. Costco settled for $5.5 million and Yokohama for $1.1 million. National, as excess insurer of…

Justia Opinion Summary: Plaintiff Investors Equity Life Holding Company appealed a judgment dismissing this case on the ground of forum non conveniens. Plaintiff filed its complaint in 2009, and the trial court originally ordered the action…

Justia Opinion Summary: This case centered on a dispute over the administration of a family trust and the interpretation of trust documents. After a bench trial, the court decided in favor of plaintiff Adam Blumberg, the step-grandson of…

Justia Opinion Summary: Aladdin, a licensed bail agent, sought to enjoin GPS from engaging in bail agent activities in violation of state licensing and regulatory requirements. The superior court dismissed Aladdin’s claim for false advertising…

Justia Opinion Summary: PaintCare and the American Coatings Association sought a writ of mandate, entered in favor of the California Department of Resources Recycling and Recovery to invalidate regulations adopted to implement and enforce the…

Justia Opinion Summary: Welfare and Institutions Code section 727.1 (b)(1) provides that a court “may not” order placement of a ward at an out-of-state facility unless “[i]n-state facilities or programs have been determined to be unavailable or…

Justia Opinion Summary: The prior owners were unable to pay the property taxes on the shopping center beginning in 2010. When petitioner purchased the property, taxes assessed for fiscal years 2010-2011, 2011-2012, and 2012-2013 were…

Justia Opinion Summary: Defendant and Jane Doe were classmates at a vocational school in St. Helena. Doe lived at a school dormitory. Defendant lived off-campus in a house notorious for wild parties. In January 2012, Doe and her former…

Justia Opinion Summary: Wright was a correctional officer and lived on the San Quentin premises, in a unit he rented from his employer, the state. Living on the grounds was not mandatory and he paid market rate rent. Wright was injured when he…

Justia Opinion Summary: Velasquez worked at a company that made food flavorings, moving diacetyl, in closed and open containers. He breathed ambient diacetyl particles while mixing liquid and dry flavorings. Material safety data sheets attached…

Justia Opinion Summary: AEG hired Dr. Murray as entertainer Michael Jackson’s personal physician for a concert tour. Michael died of acute propofol intoxication while under Murray’s care. Katherine Jackson, on behalf of herself and as guardian…

Justia Opinion Summary: Anten and the Rubins jointly retained Gelfand and Kirios of the Weintraub law firm to advise and represent them on a matter of common interest: incorrect advice given by their prior tax attorneys. Anten filed a…

Justia Opinion Summary: The California Department of Forestry and Fire Protection (Cal Fire) responds to a wide variety of emergencies throughout the state, including more than 5,600 wildfires each year. Although Cal Fire itself owns and…

Justia Opinion Summary: Three small political parties and several party members and candidates sought to invalidate California’s electoral system for statewide and legislative offices, contending the system, which consists of an open…

Justia Opinion Summary: Former ABM security guards filed a class action, alleging that ABM failed to provide rest periods required by California law in that it failed to relieve security guards of all duties during rest breaks, instead…

Justia Opinion Summary: After experiencing problems with his Mercedes-Benz that required multiple repair attempts, MacQuiddy filed suit under the Song-Beverly Consumer Warranty Act (Civ. Code, 1790) and the Magnuson-Moss Warranty Act (15 U.S.C.…

Justia Opinion Summary: In 1996 Ritzhoff was injured while working as a banquet server. He sustained permanent injuries to his ankle and injured his hand and back. His treating psychiatrist initially evaluated Ritzhoff in 2001 and noted that…

Justia Opinion Summary: Robert Fazio, Jr. appealed the grant of summary judgment entered in favor of defendant Fairbanks Ranch Country Club. Fazio, a professional musician, filed a lawsuit against Fairbanks claiming negligence after he fell…

Justia Opinion Summary: Anthony Wyatt Cannata appeals from the judgment following his conviction on one count of continuous sexual abuse of a child, for which he was sentenced to twelve years. Cannata's first trial ended in a hung jury; his…

Justia Opinion Summary: The City Council of Newport Beach violated at least two basic principles of fairness in overturning a permit application approved by the city's planning commission. In this case Councilmember Mike Henn, having already…

Justia Opinion Summary: Almanza was charged with nonforcible lewd or lascivious act on a child under age 14 (Pen. Code, 288(a)), forcible sodomy (286(c)(2)), and forcible lewd or lascivious act on a child under age 14 (288(b)(1)) with respect…

Justia Opinion Summary: Before enactment of Proposition 47, Lynall was charged with a felony violation of Health and Safety Code 11377 (possession of a controlled substance). With the passage of Proposition 47 in 2014, violations of section…

Justia Opinion Summary: A jury convicted Victor Espudo Ramirez, Jr., and his brother Armando Ramirez of first degree murder and active participation in a criminal street gang. The jury found true a gang special circumstance allegation on the…

Justia Opinion Summary: Ironwood Country Club appealed an order that denied its motion to compel arbitration of the declaratory relief action brought by plaintiffs William S. Cobb, Jr., and Elizabeth Richards, who were former members of…

Justia Opinion Summary: Several attorneys from the public defender’s office represented Espinoza in lengthy pretrial proceedings as he repeatedly moved for dismissal of counsel. In the week before trial, the court denied additional motions to…

Justia Opinion Summary: In 1989, the Poksays built their Novato home, including a 150-foot long driveway within the 30-foot wide easement running to the site, which was hidden from the street. The easement was over property then owned by the…

Justia Opinion Summary: FTR has constructed buildings for public entities for 15 years. In 1999, FTR submitted the winning bid of $7.345 million to construct a District school. During construction, FTR submitted approximately 150 proposed…

Justia Opinion Summary: In an automobile accident case, the jury returned a verdict in favor of Plaintiff, apportioning 40 percent of the fault to Plaintiff and 60 percent to Defendant. Defendant moved to recover costs based on Plaintiff’s…

Justia Opinion Summary: The Los Angeles Memorial Coliseum Commission and Los Angeles Memorial Coliseum Association alleged that defendants, who promoted and staged music events at the Coliseum and related venues, paid an employee of the…

Justia Opinion Summary: Defendant Steven Zinda chased David Valdez into a field and murdered him with an axe. After drinking with some friends at a house in Rio Linda, Valdez decided to leave around 2:00 a.m. He was intoxicated and did not make…

Justia Opinion Summary: A California resident owned an apartment building in Arkansas that was insured by a Michigan insurance company under a policy the owner obtained through an insurance agent in Arkansas. That policy included commercial…

Justia Opinion Summary: Mother "T.A." appealed a judgment finding that R.M. was the presumed father of her biological daughter. T.A. conceived the child through artificial insemination procedures, and R.M. was not the biological father. The…

Justia Opinion Summary: In 2006, plaintiffs-appellants Karan and Stan Eriksson's 17-year-old daughter Mia was competing in an equestrian event. Defendant-respondent Kristi Nunnink was Mia's riding coach. At the event, the horse struck a hurdle…

Justia Opinion Summary: Gray1 CPB, LLC (Gray1), obtained a judgment against defendants SCC Acquisitions and Bruce Elieff. Almost two years later, defendants paid the amount of the outstanding judgment and accrued interest with a cashier's…

Justia Opinion Summary: Defendant Jorge Armando Juarez Perez pled guilty to possessing methamphetamine for sale and possessing a firearm within 1000 feet of a school. The court placed him on probation and ordered him to spend 180 days in jail…

Justia Opinion Summary: A grand jury indicted Arteaga on charges of participating in a criminal street gang (Pen. Code, 186.22(a)) and conspiracy to sell methamphetamine (182(a)(1); Health & Saf. Code, 11379), with an allegation that he…

Justia Opinion Summary: Vargas and Villalobos were driving a tractor-trailer across the country. Villalobos was driving and Vargas was in the sleeper berth when the tractor-trailer rolled over, injuring Vargas. Vargas sued FMI (the motor…

Justia Opinion Summary: The Fergusons offered to sell their attorney, Yaspan, an interest in a London flat they owned. At Yaspan’s suggestion, the Fergusons hired independent counsel and the parties exchanged five drafts before signing a…

Justia Opinion Summary: Dr. Harb, driving home from his shift in a neonatal intensive care unit, suffered a stroke and drove onto a sidewalk. The responding officer deduced from Harb’s vomiting, slurred speech and disorientation that he was…

Justia Opinion Summary: A jury found defendant Juanita Vidana guilty of one count of grand theft by larceny and one count of grand theft by embezzlement. The trial court suspended imposition of sentence and granted defendant 36 months of formal…

Justia Opinion Summary: In 1994, at age 14, Ruelas admitted committing felony assault with a deadly weapon and misdemeanor annoying or molesting a child. Three years later, while Ruelas was still a minor, the juvenile court found true…

Justia Opinion Summary: The law firm challenged the validity and scope of Proposition Q, which amended the Payroll Expense Tax Ordinance of the City and County of San Francisco (San Francisco Bus. & Tax Reg. Code, article 12-A, 901). Plaintiff…

Justia Opinion Summary: Mother was incarcerated when she gave birth to Angelina in 2012. The father was unknown. Angelina was detained in foster care. Mother was a registered controlled substance abuser, tested positive for methamphetamine, and…

Justia Opinion Summary: In 1995, Wilson, White and Carr, all age 17, approached a Pomona bank, wearing masks and carrying handguns. One of them fired at the security guard who stood outside the bank. The guard fled and alerted police. Inside…

Justia Opinion Summary: McMillin was general contractor and B&B Framing was a subcontractor in construction contracts for Temecula residential real estate development projects. ASIC issued B&B's commercial general liability insurance.…

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review was whether the California constitution's prohibition against the impairment of contracts precluded the application of the defined benefit formulas and…

Justia Opinion Summary: A.L., a minor, was charged with felony second degree robbery of another minor, personally using a handgun. The juvenile court held a contested jurisdictional hearing; testimony focused on the sequence of events and on…

Justia Opinion Summary: Mosser’s nine-unit residential apartment building is subject to rent control under the San Francisco Residential Rent Stabilization and Arbitration Ordinance, which limits rent increases to tenants in occupancy. Under…

Justia Opinion Summary: Solares filed an unfair competition (Bus. & Prof. Code, 17200) class action on behalf of employees who are or were employed by PSAV, which provides audio-visual services to hotels within the Century Corridor Property…

Justia Opinion Summary: After defendant-respondent Hugo Camp entered into a plea agreement, the trial court imposed a stipulated split sentence of 28 months, with 14 months to be served in local custody and 14 months under mandatory…

Justia Opinion Summary: Bertoli was struck by a car as she walked inside a crosswalk on state Highway 116, and was rendered permanently physically and mentally disabled. Her attorney, Rouda, erved the Sebastopol Police Department with a request…

Justia Opinion Summary: When Cruise applied for employment with Kroger in 2007, she completed an employment application, which contained a clause requiring arbitration of employment-related disputes and incorporating by reference Kroger’s…