California Courts of Appeal Decisions 2015
Opinions 1001 - 1055 of 1055
Date: January 20, 2015
Docket Number: C071210
Justia Opinion Summary: Cross-defendant Michael Tope appealed the grant of summary judgment in favor of First American Title Insurance Company in a cross-action to recover money under a title insurance policy after default on a real estate loan…
Date: January 20, 2015
Docket Number: C071906
Justia Opinion Summary: California voters adopted Proposition 13 in 1978 to require, among other constitutionally implemented tax relief measures, that any “special taxes” for cities, counties, and special districts be approved by two-thirds of…
Date: January 20, 2015
Docket Number: F066825
Justia Opinion Summary: Givan was driving in excess of the speed limit, ran a red light, and struck a vehicle driven by Fulce. Fulce’s wife died as a result of the accident. Fulce and another passenger sustained injuries. Approximately one hour…
Date: January 20, 2015
Docket Number: G048761
Justia Opinion Summary: In 2000, the California voters passed Proposition 36 for the purpose of placing nonviolent drug offenders into substance abuse treatment programs, rather than incarcerating them. In 2011, the Legislature enacted…
Date: January 20, 2015
Docket Number: H039036
Justia Opinion Summary: The law firm represented Raissi in a Chapter 11 bankruptcy case for a year, generating fees and expenses of $329,705.12. The bankruptcy case closed. Raissi failed to pay. The firm sued for breach of contract, account…
Date: January 16, 2015
Docket Number: A142080
Justia Opinion Summary: Israel was born in Mexico in 1999 and is not a U.S. citizen. He came to the U.S. with his mother in 2005 and has no contact with his father in Mexico He was adjudged a ward of the juvenile court as a result of admitting…
Date: January 16, 2015
Docket Number: B256482
Justia Opinion Summary: Defendant agreed to plead no contest to possession of a controlled substance and have his case referred to drug court. He appeared in drug court and informed the court that he was on probation in another case that was on…
Date: January 16, 2015
Docket Number: C074186
Justia Opinion Summary: The narrow dispute on appeal in this case centered on the straightforward interpretation of a few statutes. Those statutes authorized plaintiffs City of Emeryville and Successor Agency to the Emeryville Redevelopment…
Date: January 16, 2015
Docket Number: D064468
Justia Opinion Summary: Robert Orlosky appealed his conviction of marijuana possession and cultivation. He argued the trial court erred in refusing his request to instruct the jury on the statutory collective cultivation defense, which permits…
Date: January 16, 2015
Docket Number: D066229
Justia Opinion Summary: Petitioner Farhad Fredericks made a California Public Records Act (CPRA) request to defendant and real party in interest, the City of San Diego and the San Diego Police Department (the Department), for all "complaints…
Date: January 16, 2015
Docket Number: G047446
Justia Opinion Summary: LeRoy Guillory and 12 other plaintiffs appealed the trial court’s entry of judgment after granting Orange County Sheriff Department (OCSD) Investigator Michelle Hill’s motion for a directed verdict at the close of…
Date: January 16, 2015
Docket Number: G048473
Justia Opinion Summary: Following the entry of a judgment in favor of plaintiffs Terence and Paula Kilker against defendant Frank Stillman, the trial court ordered Stillman to produce documents regarding his assets to the Kilkers. After…
Date: January 16, 2015
Docket Number: G049580
Justia Opinion Summary: Petitioners Adam Nick and Sherry Nick (collectively, Nick) challenged respondent Department of Alcoholic Beverage Control’s decision to grant real party in interest 7-Eleven, Inc. a license to sell beer and wine at its…
Date: January 15, 2015
Docket Number: A139385
Justia Opinion Summary: Plaintiff purchased a home from Laux. Almost two years later, she sued the homebuilder, Shapell for strict liability, negligence, and fraudulent concealment, claiming Shapell built the home on unstable and uncompacted…
Date: January 15, 2015
Docket Number: B253013
Justia Opinion Summary: The Foundation, a non-profit corporation, acts as a conduit for tax exempt gifts to benefit UCLA. Luskin, a director, pledged $40 million to support construction of a UCLA campus conference center. Save Westwood sought…
Date: January 15, 2015
Docket Number: C075885
Justia Opinion Summary: In 2011, defendant pleaded no contest to unlawful exhibition of a firearm and grand theft. The trial court suspended imposition of sentencing and granted defendant formal probation for a period of 36 months. Among the…
Date: January 15, 2015
Docket Number: E055528A
Justia Opinion Summary: Defendant-appellant Aaron Campbell met Silvester Leyva at a hookah bar where they exchanged telephone numbers and discussed buying and selling marijuana. A few days later, Campbell and defendant and appellant Xavier…
Date: January 14, 2015
Docket Number: A133129
Justia Opinion Summary: Mackey and Bey were charged with the murder of journalist Chauncey Bailey and the murders of Wills and Roberson. Mackey was also charged as a felon in possession of a firearm; Bey was charged with shooting at an…
Date: January 14, 2015
Docket Number: B255676
Justia Opinion Summary: Mother pled no contest to a petition filed by the Los Angeles County Department of Children and Family Services (DCFS) that asked the juvenile court to assume jurisdiction over three-month-old J.C. because the child was…
Date: January 14, 2015
Docket Number: G049107
Justia Opinion Summary: The plaintiffs in this case, John Sanderson and George Taylor, sued Douglas Burdick, an Illinois resident, for defamation and other intentional torts, based on an allegedly defamatory posting made by Burdick on his…
Date: January 13, 2015
Docket Number: A137217
Justia Opinion Summary: Wilsons purchased and restored the Soda Rock Winery’s century-old building, which backs to the Belle Terre vineyard, with an “avenue” between. Its front entrance is on Highway 128; to enter the winery from the back,…
Date: January 13, 2015
Docket Number: A138266
Justia Opinion Summary: In 1993, a jury convicted Young of the second degree murder of his former girlfriend in 1991. He was sentenced to a term of 15 years to life. Now 53 years old, he has been denied parole by the Board five times. The court…
Date: January 13, 2015
Docket Number: A140284
Justia Opinion Summary: Li crashed a new BMW during a test drive. Gonsalves, a salesperson for the BMW dealership, was a passenger in the vehicle. Gonsalves sued, alleging that Li drove recklessly during the test drive, causing the accident,…
Date: January 13, 2015
Docket Number: B255629
Justia Opinion Summary: C., born in 2000, and her half sibling lived with mother in the maternal grandparents’ home. Other maternal family members lived in the same apartment complex. In 2013 interview, C. told a social worker that mother hit…
Date: January 13, 2015
Docket Number: B257276
Justia Opinion Summary: Lee was the CEO of Hyundai Securities from 1996 to 2000. Several shareholders of Hyundai brought, in Korea, a shareholders’ derivative action, alleging securities fraud by Lee. The court entered judgment in favor of…
Date: January 13, 2015
Docket Number: B257389
Justia Opinion Summary: Lewis filed a putative class action complaint for damages for violation of the Credit Card Act, Civ. Code, 1747, alleging that he purchased an alcoholic beverage, using a credit card for the purchase. The clerk requested…
Date: January 13, 2015
Docket Number: H039071
Justia Opinion Summary: Gonzales was convicted of permitting a person to carry a loaded firearm in a vehicle (Pen. Code 26100(a)). The jury found true a gang allegation (section 186.22(d)). The court suspended imposition of sentence and placed…
Date: January 12, 2015
Docket Number: B254787
Justia Opinion Summary: In 2010, Blevins had knee surgery at a surgical facility. The knee later became infected by bacteria, subsequently found on a sponge manufactured by Ruhof that had been used to clean surgical equipment before the…
Date: January 12, 2015
Docket Number: C067260M
Justia Opinion Summary: Defendant Jose Arturo Hernandez was convicted of two counts of attempted murder and five other charges and sentenced to 61 years to life in prison for crimes he committed when he was 16 years old. On appeal, he argued he…
Date: January 12, 2015
Docket Number: C074525
Justia Opinion Summary: The Department of Motor Vehicles (DMV) appealed the grant of a writ of ordinary mandate compelling it to set aside its calculation of the period of postconviction suspension of licensee Charles James Piper, arguing the…
Date: January 12, 2015
Docket Number: F067327
Justia Opinion Summary: A shopping center owner challenged provisions in its commercial lease with Ross, conditioning Ross’s obligation to open a store and pay rent on Mervyn’s operating a store in the shopping center on the lease’s…
Date: January 9, 2015
Docket Number: A140144
Justia Opinion Summary: R. was born in 2012 exposed to methamphetamine, marijuana, opiates, and benzodiazepines. Alameda County Social Services Agency filed a petition, alleging that the parents have a history of drug abuse and domestic…
Date: January 9, 2015
Docket Number: F066737
Justia Opinion Summary: Anderson was convicted of cultivating marijuana. The court of appeal reversed because the trial court failed to instruct the jury clearly on the defense potentially available to Anderson under Health and Safety Code…
Date: January 9, 2015
Docket Number: F068652
Justia Opinion Summary: The Fresno County Assessor audited the partnership regarding personal property for tax years 1994-2001, which resulted in assessment of additional taxes for farm equipment. In 2007, the partnership attempted to apply for…
Date: January 8, 2015
Docket Number: B253421
Justia Opinion Summary: Bellingham Marine hired Major Engineering to construct a travel lift pier at the Channel Islands Harbor. Bellingham hired Moffatt, a civil engineering firm, to prepare the plans, which required that the concrete have a…
Date: January 8, 2015
Docket Number: E060272
Justia Opinion Summary: Viktors Rekte received a citation by mail for a violation of the Vehicle Code for failing to stop at a red light, based on a photograph taken pursuant to the Automated Traffic Enforcement System (ATES). At trial, the…
Date: January 7, 2015
Docket Number: B244107
Justia Opinion Summary: Montano filed a putative class action against Wet Seal, alleging that it failed to offer all required meal and rest periods to its California non-exempt retail employees; failed to provide all regular and overtime pay…
Date: January 7, 2015
Docket Number: G049679
Justia Opinion Summary: The State petitioned for a writ of mandate to order the Superior Court of Orange County to vacate its ruling reducing the felony charges against Alireza Jalalipour to misdemeanors. The Court of Appeal issued an order to…
Date: January 6, 2015
Docket Number: A139216
Justia Opinion Summary: Rivero was the elected sheriff of Lake County in 2011. He had been involved in an on-duty shooting while serving as a deputy. A year after Rivero became sheriff the district attorney announced that he had reopened the…
Date: January 6, 2015
Docket Number: B244487A
Justia Opinion Summary: Solis broke into the home of his former girlfriend, Judith, and stabbed Judith times, stating that she “deserved to die.” Later, Solis went to the police and gave a taped interview, confessing that he attacked Judith,…
Date: January 6, 2015
Docket Number: B251767
Justia Opinion Summary: Sarun, uninsured when he received emergency services from a hospital owned by Dignity Health, signed an agreement to pay the "full charges, unless other discounts apply.” The agreement explained uninsured patients might…
Date: January 6, 2015
Docket Number: B255678
Justia Opinion Summary: Schultz sought workers’ compensation benefits after suffering injuries in a traffic accident while driving his personal vehicle at Edwards Air Force Base where he worked for JT3. The Workers’ Compensation Appeals Board…
Date: January 6, 2015
Docket Number: E060210
Justia Opinion Summary: The State filed a petition for writ of mandate and/or prohibition challenging the superior court’s order that it acted outside of its jurisdiction. This petition arose over the court's decision that though the real party…
Date: January 6, 2015
Docket Number: E060260
Justia Opinion Summary: The State filed a petition for writ of mandate and/or prohibition challenging the superior court’s order that it acted outside of its jurisdiction. This petition arose over the court's decision that though the real party…
Date: January 6, 2015
Docket Number: F068287
Justia Opinion Summary: Plaintiff controls the Fig Garden Village outdoor shopping center, which has approximately 60 retailers. Plaintiff has a policy of prohibiting solicitation of donations on the shopping center property; it allows other…
Date: January 5, 2015
Docket Number: C073176
Justia Opinion Summary: In this case of first impression, the issue this case presented for the Court of Appeal's review was whether California was the home state of a child who was born in Hawaii, remained in Hawaii for six weeks with his…
Date: January 5, 2015
Docket Number: D064995A
Justia Opinion Summary: In March 1985, a juvenile court found true the allegation that Luis Ramon Aparicio committed battery with serious bodily injury after he dislocated a victim's nose by pushing the victim's head onto concrete. Aparicio was…
Date: January 5, 2015
Docket Number: E058915
Justia Opinion Summary: Defendant Madou Toure drove his semi-truck into on-coming traffic before colliding head-on with an automobile carrying two occupants. Throughout the investigation of the incident by the California Highway Patrol (CHP),…
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