California Courts of Appeal Decisions 2017

Opinions 1 - 500 of 509

In re A.C.
Date: July 21, 2017
Docket Number: D071772
People v. Bloomfield  
Date: July 20, 2017
Docket Number: A148919

Justia Opinion Summary: A taxi driver reported to police he had driven defendant to locations in Marin County. Defendant attempted to pay the $73.53 cab fare with a prepaid debit card, but the charge did not go through. When police searched def...

Alvarez v. Seaside Transportation Services LLC  
Date: July 20, 2017
Docket Number: B275980

Justia Opinion Summary: Under Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette), an independent contractor's employee generally may not recover tort damages for work-related injuries from the contractor's hirer. Plaintiff filed suit ag...

ZL Technologies v. Doe  
Date: July 19, 2017
Docket Number: A143680

Justia Opinion Summary: ZL provides email archiving, eDiscovery, and compliance support to businesses nationwide. Glassdoor operates a website on which people may anonymously express opinions regarding employers. Individuals representing themse...

Cummings v. Dessel  
Date: July 19, 2017
Docket Number: A144212

Justia Opinion Summary: In 2009, Dessel, Dessel’s daughter (Seal), and Cummings purchased land in Fieldbrook containing a small and dilapidated residence with a carport, planning to remodel the residence, converting it to a vacation rental. Cum...

San Diego County Water etc. v. Metropolitan Water Dist. etc.
Date: July 18, 2017
Docket Number: A146901M
County of Los Angeles v. Allegheny Casualty Co.  
Date: July 18, 2017
Docket Number: B268667

Justia Opinion Summary: Allegheny, through its agent, posted three bonds for the release of three defendants. Under Penal Code section 1305.4,1 a surety may move to extend a defendant's appearance period by 180 days upon a showing of good cause...

Schep v. Capital One
Date: July 18, 2017
Docket Number: B269724M
Demara v. The Raymond Corp.  
Date: July 18, 2017
Docket Number: D068533

Justia Opinion Summary: In a products liability case, plaintiffs Kawika and Sandra Demara appealed the grant of summary judgment granted in favor of defendants The Raymond Corporation (Raymond) and Raymond Handling Solutions, Inc. (RHSI). As pe...

California v. Roberts  
Date: July 18, 2017
Docket Number: D069355

Justia Opinion Summary: A jury convicted defendant Antwaren Roberts of attempted murder and related offenses arising out of an incident in which he shot Krystal Sharkey with a handgun. It also found that Roberts committed the crimes for the ben...

Swigart v. Bruno  
Date: July 17, 2017
Docket Number: D071072

Justia Opinion Summary: Plaintiff Kathleen Swigart and defendant Carl Bruno participated in an organized endurance horseback riding event with approximately 47 other riders. Swigart was in the lead and had dismounted at a required checkpoint al...

People v. Jeffrey G.  
Date: July 13, 2017
Docket Number: A149067

Justia Opinion Summary: Defendant was committed to the Department of State Hospitals in 1990 after he was found not guilty of a violent crime by reason of insanity, He has been confined for most of the subsequent time. In 2015, he sought trans...

Deutsche Bank Nat. Trust v. Pyle  
Date: July 13, 2017
Docket Number: D071079

Justia Opinion Summary: In 2004 Denise Saluto recorded a grant deed to real property. In early 2007 Saluto defaulted on the loan encumbering the Property. Plaintiff Deutsche Bank National Trust Company acquired the Property at a trustee's sale....

People v. Webb  
Date: July 12, 2017
Docket Number: A147740

Justia Opinion Summary: Webb was found in the driver’s seat of a stolen car. The officer believed his identification card was fraudulent, and tracing Webb’s route, found methamphetamine and a scale. Video from the citywide surveillance system s...

LA Unified School District v. Safety National Casualty Corp.  
Date: July 12, 2017
Docket Number: B275597

Justia Opinion Summary: The procedural provisions of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., do not apply to a motion to compel arbitration in a California state court, where the arbitration agreement was governed by the FAA (bec...

California v. Carothers  
Date: July 12, 2017
Docket Number: C078874

Justia Opinion Summary: Defendant Bobby Carothers, then-serving a prison term of 25 years to life imposed in 2008 under the three strikes law, appealed the denial of his petition for resentencing under Proposition 36, the Three Strikes Reform A...

Santa Ana Police Off. Assn. v. City of Santa Ana.
Date: July 12, 2017
Docket Number: G053126M
Association for L.A. Deputy Sheriffs v. Superior Court  
Date: July 11, 2017
Docket Number: B280676

Justia Opinion Summary: The Pitchess statutes, which require a criminal defendant to file a written motion that establishes good cause for the discovery sought, does not violate constitutional due process. In this case, the LASD created a so-ca...

People v. Turner  
Date: July 10, 2017
Docket Number: A147603

Justia Opinion Summary: After Turner refused to comply with an officer’s request that Turner leave a restaurant, he was arrested for interfering with a business establishment under Penal Code section 602.1(a). During an inventory search, a revo...

Menefield v. Bd. Of Parole Hearings  
Date: July 7, 2017
Docket Number: C083356

Justia Opinion Summary: This case is about the validity of a regulation governing a circumstance the Board of Parole Hearings (the board) can consider when determining whether a person convicted of a crime punishable with an indeterminate life...

Espejo v. The Copley Press  
Date: July 7, 2017
Docket Number: D065397

Justia Opinion Summary: Defendant The Copley Press, Inc., owner of the San Diego Union-Tribune newspaper (collectively UT), appealed a trial court’s judgment finding plaintiffs (or carriers) were employees of UT in this class action suit. UT ar...

Kumari v. Hospital Committee for Livermore-Pleasanton Areas  
Date: July 6, 2017
Docket Number: A148351

Justia Opinion Summary: While hospitalized after giving birth, Kumari fell and broke her shoulder. Four months later, Kumari sent ValleyCare Health System a detailed letter describing her injury and the basis for her “medical negligence” claim....

Santa Ana Police Off. Assn. v. City of Santa Ana.  
Date: July 6, 2017
Docket Number: G053126

Justia Opinion Summary: Two City of Santa Ana Police officers were the subjects of an internal affairs investigation based on their conduct during the execution of a search warrant at a marijuana dispensary. The Santa Ana Police Department init...

In re: Taitano  
Date: July 5, 2017
Docket Number: A147412

Justia Opinion Summary: Taitano was found incompetent to stand trial for murder, robbery, carjacking, attempted kidnapping, first-degree burglary, and reckless evasion of a police officer resulting in great bodily injury. His commitment facilit...

Petitpas v. Ford Motor Co.  
Date: July 5, 2017
Docket Number: B245037

Justia Opinion Summary: Plaintiffs Marline and Joseph Petitpas filed suit against Exxon, Ford, and others, alleging that exposure to asbestos caused by defendants resulted in Marline's mesothelioma. The Court of Appeal held that summary adjudic...

Tustin Field Gas & Food v. Mid-Century Insurance Co.  
Date: July 3, 2017
Docket Number: B268850

Justia Opinion Summary: Plaintiff, a gas station owner, filed suit demanding that its insurer pay for damages when the fiberglass sheath of one of its underground gasoline storage tanks split after resting on a rock for 16 years. The Court of A...

Cinema West v. Baker  
Date: June 30, 2017
Docket Number: A144265

Justia Opinion Summary: In 2004, Hesperia began acquiring vacant property in its downtown for development of a Civic Plaza, with a city hall, public library, other government buildings and “complimentary retail, restaurant, and entertainment es...

IAR Systems v. Super. Ct.
Date: June 30, 2017
Docket Number: A149087M
Irvin v. Contra Costa County Employees' Retirement Association Board  
Date: June 30, 2017
Docket Number: A149642

Justia Opinion Summary: Marianne and Richard obtained a judgment of legal separation a few months before his death. Notwithstanding the separation, the couple‘s agreement dividing their assets reflected Richard‘s intent that Marianne would rece...

Trejo v. Johnson & Johnson  
Date: June 30, 2017
Docket Number: B238339

Justia Opinion Summary: Plaintiff filed a products liability suit against McNeil and its corporate parent, Johnson & Johnson, after he suffered a severe reaction after taking Motrin. The Court of Appeal held that the jury's verdict finding McNe...

People v. Resendez  
Date: June 30, 2017
Docket Number: B269608

Justia Opinion Summary: Defendant appealed his assault convictions, arguing that under People v. Prunty, (2015) 62 Cal.4th 59, the prosecution failed to present sufficient evidence of predicate offenses to establish the existence of a criminal...

Duarte v. Pacific Specialty Insurance Co.  
Date: June 29, 2017
Docket Number: A143828

Justia Opinion Summary: Duarte's Oakland property was occupied by Bowers. Bowers’s daughter, Pleasants, moved into the property and remained after Bowers died. In February 2012, Duarte gave Pleasants a 45-day notice to quit, but she did not lea...

In re I.F.  
Date: June 29, 2017
Docket Number: A146979

Justia Opinion Summary: A 2012 wardship petition alleged that defendant, age 15, committed second-degree robbery by means of force or fear and possessed marijuana. He admitted grand theft. The court dismissed count two, declared defendant a war...

Shames v. Utility Consumers' Action Network  
Date: June 29, 2017
Docket Number: D070141

Justia Opinion Summary: Plaintiff Michael Shames appealed an order pertaining to attorney fees. Shames filed this lawsuit against Defendant Utility Consumers' Action Network (UCAN) and two individual plaintiffs, alleging multiple causes of acti...

Morgado v. City and County of San Francisco  
Date: June 28, 2017
Docket Number: A141681

Justia Opinion Summary: In 2008, a citizen with whom non-probationary officer Morgado interacted filed a complaint against him with the Office of Citizen Complaints (OCC) of the City’s Police Department. OCC investigated and shared its findings...

Jacobs v. The Regents of the University of California  
Date: June 28, 2017
Docket Number: B268758

Justia Opinion Summary: Disabled members under the University of California Retirement Plan (UCRP) who receive "Duty Disability Income" (DDI) are not considered retired for purposes of entitlement to a retired identification card and concealed...

P. v. Sperling
Date: June 28, 2017
Docket Number: B272275M
Schep v. Capital One  
Date: June 26, 2017
Docket Number: B269724

Justia Opinion Summary: A trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure are privileged under Civil Code section 47. The Court of Appeal held that pla...

People v. Castel  
Date: June 26, 2017
Docket Number: B271396

Justia Opinion Summary: There is no equal protection violation for the procedural difference between when a supervising agency files a petition to modify, revoke, or terminate a criminal defendant’s parole or postrelease community supervision,...

City of Pasadena v. Superior Court  
Date: June 26, 2017
Docket Number: B280805

Justia Opinion Summary: The date upon which the cause of action would be deemed to have accrued within the meaning of the Government Claims Act's, Gov. Code, 810 et seq., statute of limitations is the date on which a plaintiff discovers or shou...

P. v. Overstock.Com, Inc.
Date: June 23, 2017
Docket Number: A141613M
People v. Spaccia  
Date: June 23, 2017
Docket Number: B256046

Justia Opinion Summary: Defendant was convicted of 11 counts related to a corruption scandal involving the City of Bell. The Court of Appeals held that the jury could reasonably have concluded that defendant was criminally negligent by failing...

Hupp v. Solera Oak Valley Greens Assn.  
Date: June 23, 2017
Docket Number: E065766

Justia Opinion Summary: Plaintiff Aristea Hupp (Aristea) appealed after the trial court granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal Control Officer Jack Huntsman’s ex parte application to dismiss Aristea’...

County of Los Angeles Board of Supervisors v. Superior Court  
Date: June 22, 2017
Docket Number: B257230A

Justia Opinion Summary: On remand from the California Supreme Court, the Court of Appeal applied the analysis mandated by Los Angeles County Bd. of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, 300, and considered supplemental briefs fro...

Hikida v. Workers' Compensation Appeals Board  
Date: June 22, 2017
Docket Number: B279412

Justia Opinion Summary: In a challenge to a Workers' Compensation Appeals Board order, the Court of Appeal held that a writ petition was timely filed. The court also held that despite significant changes in the law governing workers' compensati...

Orange Co. Water Dist. v. Alcoa
Date: June 22, 2017
Docket Number: D070771M
San Diego County Water Authority v. Metropolitan Water District of Southern California  
Date: June 21, 2017
Docket Number: A146901

Justia Opinion Summary: The trial court held that the rate charged by Metropolitan Water District of Southern California for transporting water (“wheeling”) violated several laws and awarded the San Diego County Water Authority damages for brea...

Tucker Ellis LLP v. Superior Court  
Date: June 21, 2017
Docket Number: A148956

Justia Opinion Summary: Nelson, an attorney specializing in asbestos defense, was employed by Tucker Ellis. In 2009, Nelson became a “non-capital partner.” Gradient was retained by Tucker Ellis to assist in litigation. Nelson exchanged emails w...

Husman v. Toyota Motor Credit Corp.  
Date: June 21, 2017
Docket Number: B268300

Justia Opinion Summary: Plaintiff filed suit against his former employer, Toyota, for discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq., as well as for wrongful discharge. The tr...

The Park at Cross Creek v. City of Malibu  
Date: June 21, 2017
Docket Number: B271620

Justia Opinion Summary: The Park and Malibu Bay petitioned the trial court to have Measure R, an initiative designed to limit large developments and chain establishments, declared invalid. The trial court granted the petition and defendants app...

Monster, LLC v. Superior Court  
Date: June 21, 2017
Docket Number: B278289

Justia Opinion Summary: Petitioners filed a tort action alleging that Beats Electronics had engaged in a fraudulent scheme to deprive them of their interest in the company. The trial court granted summary judgment for Beats and subsequently ent...

In re Jose S.  
Date: June 21, 2017
Docket Number: D070521

Justia Opinion Summary: Jose S., a former ward of the juvenile court, moved under Welfare and Institutions Code section 781 to seal juvenile records related to an admitted charge of lewd and lascivious conduct that occurred in 2002. The juvenil...

Yu Qin Zhu v. Workers' Compensation Appeals Board  
Date: June 20, 2017
Docket Number: B278696

Justia Opinion Summary: Petitioner, an in-home caretaker for the Department of Social Services, was riding her bicycle from one private home where she worked to another home where she was scheduled to work when she was struck and injured by a c...

SJJC Aviation Services v. City of San Jose  
Date: June 20, 2017
Docket Number: H041035

Justia Opinion Summary: SJJC Aviation is a fixed base operator (FBO) that operates a full-service facility at the Norman Y. Mineta San Jose International Airport, which is owned by the city. In 2012 the city addressed a plan to add a second FB...

CRST v. Super. Ct.
Date: June 19, 2017
Docket Number: B280270M
Zubillaga v. Allstate Indemnity Company  
Date: June 19, 2017
Docket Number: G052603

Justia Opinion Summary: Plaintiff Carmen Zubillaga was injured in an automobile accident. The other driver was at fault. Her insurer, defendant Allstate Indemnity Company (Allstate), rejected her demand for $35,000, the full amount of her remai...

Hilliard v. Harbour  
Date: June 16, 2017
Docket Number: A146330

Justia Opinion Summary: Hilliard owned a controlling interest in companies that owned radio stations. In 2003, the companies entered into a loan agreement with Wells Fargo, borrowing $18.9 million, secured by assets that exceeded $50 million. T...

In re A.G.  
Date: June 16, 2017
Docket Number: D071620

Justia Opinion Summary: A.J. and R.G. were the parents of three children, then-aged ten, nine and seven years old. In November 2011, A.J. was arrested and deported to Mexico after he assaulted R.G. R.G. obtained an order prohibiting A.J. from h...

Kao v. Joy Holiday  
Date: June 15, 2017
Docket Number: A147540

Justia Opinion Summary: Kao was employed by Joy Holiday, a travel tour company. Kao had come to the U.S., lived with the company’s owners, and had worked for a net “allowance” of $1,700 per month for 11 months while waiting for his work visa. A...

Grist Creek Aggregates, LLC v. Superior Court  
Date: June 15, 2017
Docket Number: A149861

Justia Opinion Summary: Grist Creek owns property in Mendocino County on which it has aggregate and asphalt processing operations. The County Air Quality Management District approved a permit to construct a “Crumb Rubber Heating and Blending Un...

California v. Alford  
Date: June 15, 2017
Docket Number: D070486

Justia Opinion Summary: Luis Alford pled guilty to possessing methamphetamine for sale. The court sentenced Alford to eight years in custody, plus three years four months on mandatory supervision. The court also imposed various fines and assess...

Rossdale Group, LLC v. Walton  
Date: June 15, 2017
Docket Number: H043476

Justia Opinion Summary: In 2010, Walton sued Rossdale. Walton, a California attorney, maintained a “litigation factory” by placing dozens of email addresses on the Internet, collecting spam messages sent to those addresses, and then demanding c...

CA FAIR Plan Assn. v. Garnes
Date: June 14, 2017
Docket Number: A143190M
Kinney v. Clark
Date: June 14, 2017
Docket Number: B265267M
Hutcheson v. Eskaton Fountainwood Lodge  
Date: June 14, 2017
Docket Number: C074846

Justia Opinion Summary: This case turned on whether an attorney-in-fact who admitted her principal to a residential care facility for the elderly made a “health care” decision. If she did, as the trial court found, she acted outside the scope o...

City of Big Bear Lake v. Cohen  
Date: June 14, 2017
Docket Number: C076576

Justia Opinion Summary: The Dissolution Law directed redevelopment agencies to continue making payments on enforceable obligations, but prohibited those agencies from incurring additional obligations, freezing all such activities. the day befor...

Van Audenhove v. Perry
Date: June 14, 2017
Docket Number: E065418M
Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp.  
Date: June 13, 2017
Docket Number: B269186

Justia Opinion Summary: Phoenix Pipeline filed a second amended complaint (SAC) alleging breach of contract claims related to SpaceX's failure to pay for its services from 2010 to October 2013. The trial court subsequently granted SpaceX's demu...

Webb v. Webb  
Date: June 13, 2017
Docket Number: B269311

Justia Opinion Summary: Family Code section 271 does not authorize the court to award sanctions to non-parties, but rather is intended to promote settlement of family law litigation through shifting fees between the parties to the litigation. I...

Plantier v. Ramona Municipal Water Dist.  
Date: June 13, 2017
Docket Number: D069798

Justia Opinion Summary: Plaintiffs and appellants Eugene G. Plantier, as Trustee of the Plantier Family Trust (Plantier); Progressive Properties Incorporated (Progressive); and Premium Development LLC (Premium), on behalf of themselves and all...

Black Sky Capital v. Cobb  
Date: June 13, 2017
Docket Number: E064482

Justia Opinion Summary: The Cobbs borrowed $10,229,250 from Citizens Business Bank. The note was secured by a deed of trust on a parcel of commercial real property in Rancho Cucamonga. Years later, the Cobbs obtained a second loan from Citizens...

California v. Wilford  
Date: June 12, 2017
Docket Number: D069888

Justia Opinion Summary: The Court of Appeals concluded Jerome Wilford's challenge to his sentence on two counts of corporal injury to a cohabitant was well taken. For counts 5 and 6, the amended information alleged Wilford committed a violation...

Laymon v. J. Rockcliff, Inc.  
Date: June 9, 2017
Docket Number: A147464

Justia Opinion Summary: In consolidated class actions, plaintiffs claimed the brokers who represented them in the sale of their homes and a group of companies that provided services in connection with those sales violated their fiduciary duties...

In re Snyder  
Date: June 9, 2017
Docket Number: C082275

Justia Opinion Summary: The California Department of State Hospitals (department) designated two psychologists (Dr. Robert Karlsson and Dr. Marcia Asgarian) to evaluate petitioner Douglas Snyder to determine whether he was a sexually violent pr...

California v. Smith  
Date: June 9, 2017
Docket Number: D069445A

Justia Opinion Summary: Defendants Kiesha Smith and Michael Mitchell appealed their convictions for the murder of Josephine Kelley. In a prior opinion, the Court of Appeal reversed both convictions due to prejudicial error in the joint trial be...

People v. Campbell  
Date: June 8, 2017
Docket Number: B267280

Justia Opinion Summary: Defendant was convicted of charges stemming from him driving his car onto the Venice Beach Boardwalk and plowing into 10 separate groups of people in close succession. The Court of Appeal affirmed, holding that the prose...

People v. Sperling  
Date: June 8, 2017
Docket Number: B272275

Justia Opinion Summary: Defendant, a professional masseur, appealed the judgment entered after he pleaded guilty to sodomizing and orally copulating a victim who was incapable of giving consent because of a developmental disability. The Court o...

California v. Super. Ct.  
Date: June 8, 2017
Docket Number: D071461

Justia Opinion Summary: Voters passed Proposition 57 on November 8, 2016, effective the next day. As relevant here, the new law eliminated the State’s ability to directly file criminal charges against a juvenile defendant in a court of criminal...

In re David B.  
Date: June 7, 2017
Docket Number: A146632

Justia Opinion Summary: David, age 17 years 11 months, was a victim of past gun violence and is a wheelchair-bound diabetic in need of day-to-day medical assistance. He was living in a homeless shelter when a dependency petition was filed, alle...

California v. Woods  
Date: June 7, 2017
Docket Number: D070477

Justia Opinion Summary: Defendant Marsha Woods was on probation for two prior offenses when she was arrested and charged with five theft- and drug-related offenses. Under a plea agreement, she agreed to plead guilty to one count of attempted bu...

Casiopea Bovet, LLC v. Chiang  
Date: June 7, 2017
Docket Number: D070797

Justia Opinion Summary: Casiopea Bovet, LLC appealed a judgment on the pleadings granted in favor of the California State Controller (Controller) on grounds that Casiopea could not claim escheated property under the Unclaimed Property Law as an...

Brenner v. Universal Health etc.  
Date: June 7, 2017
Docket Number: D071094

Justia Opinion Summary: Plaintiffs Nancy Brenner, individually and in her representative capacity as representative of the estate of Dale Brenner, and Zach Brenner, individually, appealed judgments entered in favor of defendants Universal Healt...

Ogunsalu v. Super. Ct.
Date: June 7, 2017
Docket Number: D071323M
In re Jesse S.  
Date: June 7, 2017
Docket Number: G054169

Justia Opinion Summary: About four months before his 20th birthday, defendant-appellant Jesse S. filed, in propria persona, a request under section 388.1 of the Welfare and Institutions Code to return to juvenile court jurisdiction and the fost...

People v. Nguyen  
Date: June 7, 2017
Docket Number: H042795

Justia Opinion Summary: Police identified an IP address for an Internet account sharing child pornography online. Comcast identified the account subscriber as Reynolds at 309 South 23rd Street in San José. The police obtained a search warrant f...

People v. Ruffin  
Date: June 6, 2017
Docket Number: B270940

Justia Opinion Summary: Defendant was convicted of corporal injury to a cohabitant and assault by means of force likely to produce great bodily injury. Defendant had exercised his right to represent himself pursuant to Faretta v. California. Th...

People v. Fortin  
Date: June 6, 2017
Docket Number: B271184

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for child molestation and false imprisonment by violence, holding that defendant's Abel test results were properly excluded in the guilt phase of his criminal prosecuti...

In re G.F.
Date: June 6, 2017
Docket Number: B276109M
California v. Moore  
Date: June 6, 2017
Docket Number: C079171

Justia Opinion Summary: This appeal presented the issue of whether the fees imposed on criminal defendants convicted of certain drug offenses were subject to additional penalty assessments under Penal Code section 1464 and Government Code secti...

IAR Systems Software, Inc. v. Superior Court  
Date: June 5, 2017
Docket Number: A149087

Justia Opinion Summary: IAR believed that defendant, its former CEO, had embezzled money. IAR, represented by Valla, sued defendant. Valla, on behalf of IAR, reported the crimes to the Foster City Police. The district attorney charged defendant...

In re A.K.
Date: June 5, 2017
Docket Number: C081545
DiCarlo v. County of Monterey  
Date: June 5, 2017
Docket Number: H041400

Justia Opinion Summary: Monterey County entered into an agreement with the Monterey County Deputy Sheriffs Association, including a longevity performance stipend that provided that a member of the Association who achieved 20 years of service wi...

People v. Overstock.Com, Inc.  
Date: June 2, 2017
Docket Number: A141613

Justia Opinion Summary: Overstock, an online retailer, compared the price at which it offered an item to an advertised reference price. Until 2007, it showed a “List Price” for the product, with the number stricken through; it then showed the p...

Mahan v. Charles W. Chan Insurance Agency  
Date: June 2, 2017
Docket Number: A147236

Justia Opinion Summary: Fred, age 86, and his 79-year-old wife, Martha, filed suit under the Elder Abuse and Dependent Adult Civil Protection Act. In the 1990s, before the defendants were involved, the couple purchased life insurance policies,...

Li Guan v. Yongmei Hu  
Date: June 2, 2017
Docket Number: B276546

Justia Opinion Summary: The trial court found that plaintiff failed to prevail on any of his breach of contract claims because, while his evidence in support of those claims was "considerable," it was nonetheless "insufficient." The trial court...

City of Galt v. Cohen  
Date: June 2, 2017
Docket Number: C075897

Justia Opinion Summary: The Department of Finance (DOF) determined that the Cooperative Agreement here was unenforceable under the freeze component. City of Galt filed a petition for writ of mandate, but the trial court upheld DOF’s determinati...

People v. Calistro  
Date: June 2, 2017
Docket Number: F070176

Justia Opinion Summary: Defendant was convicted of charges related to his involvement in receiving a stolen vehicle. The Court of Appeal found that the trial court did not abuse its discretion by choosing which records to disclose and which not...

Hart v. Darwish  
Date: June 1, 2017
Docket Number: B270513

Justia Opinion Summary: Where a plaintiff brings a lawsuit against a defendant, and the trial court denies a motion by the defendant for summary judgment or for nonsuit made after the plaintiff's case-in-chief, or the trier of fact returns a ve...

San Diegans for Open Government v. San Diego State
Date: June 1, 2017
Docket Number: D069189M
Orange County Water Dist. v. MAG Aerospace Industries  
Date: June 1, 2017
Docket Number: D070562

Justia Opinion Summary: In 2004, the District filed this lawsuit against MAG and several other defendants to address current and threatened groundwater contamination in northern Orange County. In its operative first amended complaint (FAC), the...

Orange County Water Dist. v. Alcoa Global Fasteners  
Date: June 1, 2017
Docket Number: D070771

Justia Opinion Summary: In 2004, the District filed this lawsuit against a number of defendants to address current and threatened groundwater contamination in the North Basin. In its operative first amended complaint (FAC), the District alleged...

California Taxpayers Action Network v. Taber Construction, Inc.  
Date: May 31, 2017
Docket Number: A145078

Justia Opinion Summary: Education Code section 17406 authorizes school districts to use lease-leaseback agreements for construction or improvement of school facilities: the school district leases its own real property to a contractor for a nomi...

Hardesty v. State Mining and Geology Board
Date: May 31, 2017
Docket Number: C079617M
Coastal Environ. Rights v. Cal. Reg. Wat. Quality Control Bd.  
Date: May 31, 2017
Docket Number: D070171

Justia Opinion Summary: This case concerned residual pollutant discharges from public fireworks displays over the waters of the United States within the jurisdiction of the California Regional Water Quality Control Board, San Diego Region (the...

Marr. of G.
Date: May 31, 2017
Docket Number: D070495M
Pacific Bay Recovery v. Cal. Physicians' Services  
Date: May 31, 2017
Docket Number: D070561

Justia Opinion Summary: Pacific Bay treated an individual who was a subscriber to a Blue Shield health plan. It submitted invoices to Blue Shield for payment for the services rendered to the subscriber. Pacific Bay contends it was underpaid and...

Ogunsalu v. Super. Ct.  
Date: May 31, 2017
Docket Number: D071323

Justia Opinion Summary: The California Commission on Teacher Credentialing (Commission) notified Cornelius Oluseyi Ogunsalu that it had found probable cause to recommend the suspension of his preliminary teaching credentials for 21 days and tha...

Heimlich v. Shivji  
Date: May 31, 2017
Docket Number: H042641

Justia Opinion Summary: Attorney filed suit, seeking payment of unpaid fees. Client filed an answer and, one year later, asked for arbitration pursuant to his retainer agreement. The court compelled arbitration that resulted in no recovery by e...

People v. Zamudio  
Date: May 30, 2017
Docket Number: B271406

Justia Opinion Summary: Defendant argued that the ability of a district attorney to petition for revocation of parole without first completing certain procedural steps and including in the petition information required when a revocation petitio...

In re G.F.  
Date: May 30, 2017
Docket Number: B276109

Justia Opinion Summary: G.F., a minor, moved to seal the records pertaining to his dismissed petition alleging that he possessed a sharpened letter opener on school grounds. The Court of Appeal held that G.F. was entitled to have his records se...

Stover v. Bruntz  
Date: May 30, 2017
Docket Number: C077206

Justia Opinion Summary: Notwithstanding the parties’ stipulated retroactivity provision, the California Court of Appeals concluded the trial court erred in awarding Russell Stover a child care credit for any period before May 10, 2011, when he...

Poet, LLC v. State Air Resources Bd.  
Date: May 30, 2017
Docket Number: F073340A

Justia Opinion Summary: When ARB's adoption of low carbon fuel standards (LCFS) regulations in 2009 violated the California Environmental Quality Act (CEQA), the Court of Appeal directed the issuance of a writ of mandate compelling ARB to take...

California v. Nguyen  
Date: May 30, 2017
Docket Number: G052484

Justia Opinion Summary: Defendant Bac Tieng Nguyen’s father called 9-1-1 to report that there was a man at his house who was making threats while carrying a large knife or samurai sword. Garden Grove Police Officers responded to the scene, and...

City of Morgan Hill v. Bushey  
Date: May 30, 2017
Docket Number: H043426

Justia Opinion Summary: The vacant Morgan Hill parcel was designated, in the general plan, as “Industrial” until the city amended the plan to change its designation to “Commercial.” Its zoning was “ML-Light Industrial” before the amendment. La...

California FAIR Plan Association v. Garnes  
Date: May 26, 2017
Docket Number: A143190

Justia Opinion Summary: Garnes’s Richmond home was damaged by a kitchen fire. She had a fire insurance policy, with a limit of $425,000 from FAIR Plan Association, California’s insurer of last resort. Gaines claimed she should receive the amoun...

Chango Coffee v. Applied Underwriters  
Date: May 26, 2017
Docket Number: B267358

Justia Opinion Summary: Chango filed suit against Applied for breach of contract, conversion, and fraud. On appeal, Applied purported to challenge the trial court's order denying its renewed petition to compel arbitration filed pursuant to Code...

CRST, Inc. v. Superior Court  
Date: May 26, 2017
Docket Number: B280270

Justia Opinion Summary: A freightliner driven by petitioners' employee struck a vehicle, causing serious injuries to the passengers, real parties in interest Matthew and Michael Lennig. The Lennings filed suit against the employee and petitione...

City and County of San Francisco v. Regents of the University of California  
Date: May 25, 2017
Docket Number: A144500

Justia Opinion Summary: For over 40 years, San Francisco has had an ordinance that imposes a tax on parking lot users for the “rent” paid to occupy private parking spaces. Since 1980, the amount of the tax has been 25 percent of the rent; parki...

Friends of Outlet Creek v. Mendocino County  
Date: May 25, 2017
Docket Number: A148508

Justia Opinion Summary: Since 1972, Mendocino County has approved aggregate and asphalt production on the site; it approved a 2002 permit after review under the California Environmental Protection Act (CEQA). In 2009, the County proceeded under...

People ex rel. Harris v. Aguayo  
Date: May 25, 2017
Docket Number: B262557

Justia Opinion Summary: Defendants appealed a civil enforcement action against them for violation of the unfair competition laws (UCL) arising out of their involvement in a complex real estate scam. The Court of Appeal affirmed and held that de...

Association of Irritated Residents v. CA Department of Conservation  
Date: May 25, 2017
Docket Number: F073018

Justia Opinion Summary: Plaintiffs filed a petition for writ of mandate challenging the DOGGR's issuance of permits to Aera Energy for 214 new oil wells in the South Belridge Oil Field of Kern County. The trial court sustained defendant's demur...

Thompson v. Ioane  
Date: May 25, 2017
Docket Number: H042104

Justia Opinion Summary: The property was sold at a 1998 foreclosure sale. The Santa Cruz Superior Court ordered that United take possession from Michael Ioane. Michael’s wife, Shelly, filed for bankruptcy. The two filed an adversary proceeding...

Bartoni v. American Medical Response West  
Date: May 24, 2017
Docket Number: A143784

Justia Opinion Summary: AMR provides ambulance services in more than 15 California counties, employing dispatchers, call takers, drivers, emergency medical technicians (EMT’s), paramedics and nurses. Plaintiffs, four current or former employees...

Guarantee Fork Lift, Inc. v. Capacity of Texas, Inc.  
Date: May 24, 2017
Docket Number: A147954

Justia Opinion Summary: Capacity manufactures “Trailer Jockey” semi-tractors. GFL became an authorized Capacity dealer under a 1995 franchise agreement. In 2013, Capacity notified GFL of its intent to terminate GFL’s franchise, alleging GFL had...

Grappo v. McMills  
Date: May 23, 2017
Docket Number: A147522

Justia Opinion Summary: Representing himself, Grappo filed a complaint that "could not have withstood a demurrer,” which was served on McKean, a man named in the caption but not identified in the complaint, who apparently had no relationship wi...

Julian v. Mission Community Hospital
Date: May 23, 2017
Docket Number: B263563M
Sanjiv Goel, M.D., Inc. v. Regal Medical Group  
Date: May 23, 2017
Docket Number: B267012

Justia Opinion Summary: At issue was whether the trial court employed the correct legal standard in determining the reasonable value of appellant's emergency treatment of four patients as an interventional cardiologist. The Court of Appeal agre...

P. v. Pou
Date: May 23, 2017
Docket Number: B269349M
Kutzke v. City of San Diego  
Date: May 23, 2017
Docket Number: D070288

Justia Opinion Summary: Property owners Carolyn Kutzke and Karen Kapp applied to the City of San Diego (City) for a vesting tentative parcel map and related permits to allow them to subdivide two adjacent lots totaling 1.45 acres (property) int...

Marriage of Janes  
Date: May 23, 2017
Docket Number: E065668

Justia Opinion Summary: As part of their 2010 marital settlement agreement, respondent Misti Janes (Wife) was awarded $113,392 from the retirement account of appellant Tim Janes (Husband). In 2014, the money was still in the retirement account....

Hardwick v. Wilcox  
Date: May 22, 2017
Docket Number: A147944

Justia Opinion Summary: From 1999-2010, Wilcox made loans to Hardwick. In 2013, Hardwick filed suit to recover usurious interest and prevent Wilcox from foreclosing on the property securing his loans. Wilcox countersued for breach of contract a...

Southern Insurance v. WCAB  
Date: May 22, 2017
Docket Number: B278412

Justia Opinion Summary: A workers' compensation insurance policy may be rescinded pursuant to Insurance Code section 650. A rescission is enforced by a civil action for relief based on rescission or by asserting rescission as a defense. In this...

Van Audenhove v. Perry  
Date: May 19, 2017
Docket Number: E065418

Justia Opinion Summary: Dirck Van Audenhove sued Robert Perry for malicious prosecution, alleging that Perry contacted the police and falsely accused him of stalking, and that the police arrested him, but the district attorney’s office ultimate...

People v. Fernandez  
Date: May 19, 2017
Docket Number: F071338

Justia Opinion Summary: Defendant appealed from the denial of two petitions for resentencing under Penal Code section 1170.18, which is part of the Safe Neighborhoods and Schools Act (Proposition 47). At issue was the eligibility restriction s...

In re Marriage of Minkin
Date: May 19, 2017
Docket Number: G052947
Marriage of Stupp and Schilders  
Date: May 18, 2017
Docket Number: A144762

Justia Opinion Summary: In 2010, Stupp filed a petition for the dissolution of his marriage to Schilders. Since then, the parties have been involved in contentious legal proceedings. A stipulated judgment of dissolution was entered in 2014, b...

Gillotti v. Stewart  
Date: May 18, 2017
Docket Number: C075611

Justia Opinion Summary: The Act makes the builder who sells homes liable for violations without proof of negligence, while general contractors and subcontractors not involved in home sales are liable only if the plaintiff proves they negligentl...

California v. Cervantes  
Date: May 18, 2017
Docket Number: D069959

Justia Opinion Summary: Police validly stopped defendant Jaime Cervantes for driving with expired vehicle registration. They searched his vehicle after they learned that the adult female riding in the front passenger seat had provided them with...

P. v. Roa
Date: May 17, 2017
Docket Number: B264885M
Kinney v. Clark  
Date: May 17, 2017
Docket Number: B265267

Justia Opinion Summary: The Court of Appeal granted Michele Clark's motion to dismiss this appeal of a post-judgment award for attorney fees and costs as frivolous. In this case, appellant has been declared a vexatious litigant in the Los Angel...

People v. Hudson  
Date: May 16, 2017
Docket Number: A147910

Justia Opinion Summary: Momentum of car being stolen from dealership, while salesman attempted to intervene, was sufficient force to support carjacking conviction. Hudson stole an automobile from a dealer’s service garage by taking it without...

Hardesty v. State Mining & Geology Board  
Date: May 16, 2017
Docket Number: C079617

Justia Opinion Summary: Substantively, in three somewhat interconnected claims, Joe and Yvette Hardesty (collectively, Hardesty) attacked State Mining and Geology Board (Board) findings, contending the trial court misunderstood the legal force...

Marriage of Grissom
Date: May 16, 2017
Docket Number: D070495
In re Marriage of Valerie and Louis G.  
Date: May 16, 2017
Docket Number: D070495

Justia Opinion Summary: As part of marital dissolution proceedings, appellant Valerie G. sought a domestic violence restraining order against her husband, respondent Louis G. The trial court denied the request. On appeal, Valerie contended the...

People v. Marquez  
Date: May 16, 2017
Docket Number: F070609

Justia Opinion Summary: Defendant was sentenced to life without parole (LWOP) for special circumstance murder. While defendant's original appeal was pending, the United States Supreme Court decided Miller v. Alabama, (2012) 567 U.S. 460, which...

Garcia v. Pexco, LLC  
Date: May 16, 2017
Docket Number: G052872

Justia Opinion Summary: Temporary staffing company Real Time Staffing Services, LLC doing business as Select Staffing (Real Time) hired Garcia in 2011 as an hourly employee. Real Time then assigned Garcia to work for Pexco, LLC. As part of the...

People v. Edwards  
Date: May 16, 2017
Docket Number: H042144

Justia Opinion Summary: Trial court did not err in allowing the prosecutor to impeach expert witnesses during the sanity phase with defendant’s suppressed statements. Defendant attacked a stranger on a Santa Cruz street. stabbing her 12 time...

In re Campbell  
Date: May 15, 2017
Docket Number: G052575

Justia Opinion Summary: The Orange County District Attorney (OCDA) appealed the trial court’s order granting Donta Campbell’s petition for writ of habeas corpus. The OCDA argued: (1) the court erred by granting the habeas petition without first...

In re A.V.  
Date: May 12, 2017
Docket Number: A148307

Justia Opinion Summary: Where a ward’s compliance with probation conditions (Welfare and Institutions Code section 786) has been satisfactory for dismissal purposes, the court must seal the ward’s records in accordance with the statute. A 201...

People v. Zamora  
Date: May 12, 2017
Docket Number: F071737

Justia Opinion Summary: Although the Safe Neighborhoods and Schools Act (Proposition 47) applies generally to juveniles as held in Alejandro N. v. Superior Court, (2015) 238 Cal.App.4th 1209, the search for statutory intent calls for a more nar...

Krechuniak v. Noorzoy  
Date: May 12, 2017
Docket Number: H042740

Justia Opinion Summary: Whether a contract provision is an illegal penalty or enforceable liquidated damage clause is a question for the trial court; on review, appellate deference to that court’s factual findings is required. In 2005, Brothe...

Central Valley Gas Storage v. Southam  
Date: May 11, 2017
Docket Number: C078196

Justia Opinion Summary: The trial court properly considered evidence showing the development of a gas storage market that relied exclusively on surface acres as the valuation metric. This appeal arose out of a condemnation action in which Fre...

Applied Medical Corp. v. Thomas
Date: May 10, 2017
Docket Number: A145867M
Higgins v. Higgins  
Date: May 9, 2017
Docket Number: B265865

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment in favor of the wife under Code of Civil Procedure section 631.8, holding that despite the form of the bank accounts, when clear and convincing evidence shows funds...

People v. Figueroa  
Date: May 9, 2017
Docket Number: H043204

Justia Opinion Summary: Purported pre-plea waiver of right to preliminary examination within 60 days was ineffective. Figueroa was charged with felonies in July 2013. In August, before he entered a plea, the court declared a doubt as to his co...

Ford Motor Warranty Cases  
Date: May 8, 2017
Docket Number: B277725

Justia Opinion Summary: The Court of Appeal granted a writ petition to vacate the trial court's order denying Ford's petition for coordination of add-on cases pursuant to Code of Civil Procedure section 404.1, concluding that a trial judge's or...

California v. Arce  
Date: May 8, 2017
Docket Number: D069360

Justia Opinion Summary: The Court of Appeal held that a period of supervision following deportation is impractical and inconsistent with the goals and purposes of the legislation that mandates imposition of split sentences. At the time of his s...

Friends of College of San Mateo Gardens v. San Mateo Community College District  
Date: May 5, 2017
Docket Number: A135892

Justia Opinion Summary: In 2006, the San Mateo Community College District adopted a facilities master plan, proposing new construction and facilities renovations at its three campuses. The Plan for College of San Mateo included demolishing cert...

People v. Salvador  
Date: May 5, 2017
Docket Number: A142488A

Justia Opinion Summary: Trial court erred in adding a 10-year gang enhancement to each of defendant’s life sentences. In 2008, defendant and other members of his criminal street gang robbed, beat, and repeatedly sexually assaulted Jane Doe as s...

In re Priscilla A.  
Date: May 4, 2017
Docket Number: B276745

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdiction and disposition orders because, even assuming Daughter was at substantial risk of harm, the juvenile court erred in asserting dependency over her. Substantia...

G & W Warren's, Inc. v. Dabney  
Date: May 4, 2017
Docket Number: H042243

Justia Opinion Summary: The Warrens owned and operated a Harley-Davidson motorcycle dealership in Salinas for approximately 38 years. Intending to retire, the Warrens contacted a potential buyer, Dabney, who owned a Harley-Davidson dealership...

Batze v. Safeway, Inc.
Date: May 3, 2017
Docket Number: B258732M
Hinrichs v. Melton  
Date: May 3, 2017
Docket Number: B267505

Justia Opinion Summary: The Court of Appeal held that the trial court may grant an equitable easement without there being a preexisting use by the landowner seeking the easement. Plaintiff filed suit seeking to establish easements for access to...

Garcia v. American Golf  
Date: May 3, 2017
Docket Number: B267613

Justia Opinion Summary: The Court of Appeal reversed the grant of summary judgment in favor of the City, holding that the trail immunity in Government Code section 831.4 does not immunize a dangerous condition of a commercially operated, revenu...

Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate  
Date: May 3, 2017
Docket Number: B271408

Justia Opinion Summary: The Court of Appeal denied the petition for writ of mandate and concluded, among other things, that the scope of questions asked by a judgment creditor in a third party judgment debtor examination may include the locatio...

Berman v. HSBC Bank  
Date: May 3, 2017
Docket Number: C081487

Justia Opinion Summary: When defendant HSBC Bank USA, N.A. (HSBC) notified plaintiff Stanley P. Berman in writing that HSBC was denying his application for a loan modification, HSBC told him he had 15 days to appeal the denial. Under the law, h...

San Diegans for Open Government v. San Diego State  
Date: May 3, 2017
Docket Number: D069189

Justia Opinion Summary: A lawsuit filed primarily to chill the valid exercise of free speech is called a "SLAPP" suit and, if without merit, such an action may be dismissed early under Code of Civil Procedure section 425.16. In this anti-SLAPP...

P. v. Lua
Date: May 3, 2017
Docket Number: E064038M
People v. Lee  
Date: May 2, 2017
Docket Number: A145038

Justia Opinion Summary: Lee, who has a degree in business administration, began a tax consulting business in 1974. Starting in the 1990s, Lee convinced clients to invest significant amounts of money with him, telling them their funds would eit...

In re Oswaldo R.  
Date: May 2, 2017
Docket Number: A148364

Justia Opinion Summary: Oswaldo, age 14, was declared a ward of the court and placed on probation after he admitted the allegation of a Welfare and Institutions Code section 602 petition that he committed misdemeanor battery on the property of...

People v. Slough  
Date: May 2, 2017
Docket Number: B262102

Justia Opinion Summary: The Court of Appeals reversed a jury's finding that defendant inflicted great bodily injury (GBI) in committing the offense of selling or furnishing heroin. Anyone who personally inflicts GBI on anyone other than an acco...

Julian v. Mission Community Hospital  
Date: May 2, 2017
Docket Number: B263563

Justia Opinion Summary: Plaintiff, a middle school math teacher, filed suit against various defendants after she was involuntarily detained for mental health evaluation and treatment. Plaintiff alleged that school defendants did not have probab...

People v. Roa  
Date: May 2, 2017
Docket Number: B264885

Justia Opinion Summary: The Court of Appeals reversed a judgment and order committing defendant indefinitely to the custody of the Department of State Hospitals after a jury found him to be a sexually violent predator (SVP) under the Sexually V...

P. v. Bryant
Date: May 2, 2017
Docket Number: B271300N
In re A.N.  
Date: May 2, 2017
Docket Number: B275914

Justia Opinion Summary: The Court of Appeals affirmed the juvenile court's exercise of jurisdiction to hear a petition declaring A.N. a habitual truant under Education Code, 48262, concluding that 26 unexcused absences during the first half of...

California v. International Fidelity Ins. Co.  
Date: May 2, 2017
Docket Number: D070060

Justia Opinion Summary: Appellant International Fidelity Insurance Co. (Fidelity), acting through its agent King Stahlman Bail Bonds, posted a $100,000 bail bond on behalf of defendant Catalin Vaja who later failed to make a required appearance...

Clary v. City of Crescent City  
Date: May 1, 2017
Docket Number: A143684

Justia Opinion Summary: Overgrown weeds and rubbish on vacant lots constituted a public nuisance that required abatement despite owner’s assertion that the conditions on his properties, including high growing blackberry bushes, broom plants, ot...

Cross v. Superior Court  
Date: May 1, 2017
Docket Number: B277600

Justia Opinion Summary: Psychotherapist-patient privilege does not protect subpoenaed records from disclosure to the Department of Consumer Affairs, because Business and Professions Code section 2225, a statute enacted after codification of the...

California v. Brown  
Date: May 1, 2017
Docket Number: E059735A

Justia Opinion Summary: The Supreme Court made it clear that ordinarily, a conviction on any factual theory that is supported by the evidence will be upheld. The Court of Appeal concluded that this case, however, comes under an exception to tha...

Carr v. Superior Court  
Date: April 28, 2017
Docket Number: A147957

Justia Opinion Summary: Competency evaluation and certification by the Department of Developmental Services and the Department of State Hospitals while detainee was awaiting transfer for treatment was permissible. The declaration and certifica...

In re I.V.  
Date: April 28, 2017
Docket Number: D070611

Justia Opinion Summary: The trial court complied with California Rules of Court, rule 5.651(b)(2)(D) by sufficiently considering I.V.'s educational needs. I.V. appealed a dispositional order adjudging him a ward of the court pursuant to Welfare...

In re R.S.  
Date: April 28, 2017
Docket Number: D071020

Justia Opinion Summary: R.S. acknowledged that he did not object to two issues he raised on appeal to the Court of Appeal; the Court determined R.S. forfeited those issues. R.S. was found trespassing on school grounds as a nonstudent. Officers...

Ochoa v. Anaheim City Sch. Dist.  
Date: April 28, 2017
Docket Number: G052409

Justia Opinion Summary: Substantial evidence supported the trial court’s finding that the "trigger petition" at issue in this case satisfied the parent signature requirement. The petition was submitted pursuant to the federal No Child Left Behi...

Cuevas v. Contra Costa County  
Date: April 27, 2017
Docket Number: A143440

Justia Opinion Summary: The First Appellate District reversed an award of $9,577,000 as the present cash value of plaintiff’s future medical and rehabilitation care expenses in an action for medical malpractice against Contra County Costa, aris...

People v. Guzman  
Date: April 27, 2017
Docket Number: B265937

Justia Opinion Summary: Defendant challenged his conviction on two counts of lewd and lascivious acts upon a child under 14 years old, maintaining that the trial court prejudicially erred when it admitted a recorded telephone conversation betwe...

People v. Pou  
Date: April 27, 2017
Docket Number: B269349

Justia Opinion Summary: After defendant plead guilty to possession of ecstasy for sale, he challenged the trial court's denial of his motion to suppress evidence seized as a result of a warrantless entry and search of his home by law enforcemen...

Save Our Heritage Org. v. City of San Diego  
Date: April 27, 2017
Docket Number: D070006

Justia Opinion Summary: Plaza de Panama Committee (the Committee) appealed the denial of its motion for attorney fees under Code of Civil Procedure section 1021.5. The Committee filed the motion after it successfully appealed a judgment grantin...

Fox Factory, Inc. v. Superior Court  
Date: April 27, 2017
Docket Number: H043648

Justia Opinion Summary: The Sixth Appellate District directed the superior court to reconsider its denial of a motion to dismiss or stay a personal injury lawsuit under the doctrine of forum non conveniens. The suit was filed by a Canadian citi...

City of Jackson v. WCAB  
Date: April 26, 2017
Docket Number: C078706

Justia Opinion Summary: The Court of Appeal granted the writ application of the employer, City of Jackson (City), after the Workers’ Compensation Appeals Board (Board) disregarded the apportionment determination of the qualified medical evaluat...

People v. Elder  
Date: April 26, 2017
Docket Number: H042189

Justia Opinion Summary: A jury convicted Elder of gross vehicular manslaughter while intoxicated (Pen. Code, 191.5(a)); driving under the influence of alcohol causing injury (Veh. Code, 23153(a)); and driving with a blood-alcohol concentration...

City of Santa Maria v. Cohen  
Date: April 25, 2017
Docket Number: C081190

Justia Opinion Summary: As successor to the former Redevelopment Agency of the City of Santa Maria, the City of Santa Maria owned parking facilities that were acquired and/or constructed with the proceeds of certain bonded indebtedness dating b...

Aptos Council v. County of Santa Cruz
Date: April 25, 2017
Docket Number: H042976M
People v. Sanford  
Date: April 24, 2017
Docket Number: A145156

Justia Opinion Summary: Sanford was convicted of second-degree robbery and sentenced to four years in prison after a group of men, reported by witnesses to be African-American, robbed a jewelry store and escaped in two cars. By the time the pol...

Marina Pacifica Homeowners Assoc. v. Southern California Financial Corp.  
Date: April 24, 2017
Docket Number: B270580

Justia Opinion Summary: In Marina Pacifica Homeowners Assn. v. Southern California Financial Corp., this court determined that a monthly "assignment fee," payable by individual condominium unit owners to the developers of the condominium projec...

California v. Vela  
Date: April 24, 2017
Docket Number: G052282

Justia Opinion Summary: Sixteen-year-old defendant Adrian Vela and one of his fellow gang members confronted two suspected rival gang members. Vela’s accomplice pulled out a gun and shot the two victims, killing one of them. The prosecutor dire...

Sierra Club v. County of Sonoma  
Date: April 21, 2017
Docket Number: A147340

Justia Opinion Summary: Until 2000, Sonoma County grape growers could plant or replant a vineyard “as a matter of right” without governmental approval. A 2000 ordinance, governing “grading, drainage improvement, and vineyard and orchard site d...

California v. Costella  
Date: April 21, 2017
Docket Number: E064374

Justia Opinion Summary: Defendant-appellant Keith Costella, shot his victim, dumped his body in an undeveloped area next to a highway, and set fire to it. A jury convicted him of second degree murder and arson of forest land. The jury also foun...

Nautilus, Inc. v. Yang  
Date: April 21, 2017
Docket Number: G051956

Justia Opinion Summary: Nautilus, Inc. obtained a judgment against Stanley Kuo Hua Yang, and recorded an abstract of judgment against real property on which Stanley and his brother, Peter Chun Hua Yang, held title. Stanley and Peter transferred...

Pacific Gas and Elec. v. Super. Ct.
Date: April 20, 2017
Docket Number: A146495M
In re B.M.  
Date: April 20, 2017
Docket Number: B277076

Justia Opinion Summary: B.M., seventeen years old, appealed from a juvenile court order declaring her a ward of the court and ordering her to serve 90 days in a juvenile justice facility. The juvenile court sustained a petition charging that B....

California v. Valdez  
Date: April 20, 2017
Docket Number: C077882

Justia Opinion Summary: In 2001, defendant Emigdio Valdez was convicted of possession of a sharp instrument in prison and assault by an inmate by means likely to cause great bodily injury. The trial court found true three prior strike allegatio...

California v. Super. Ct.  
Date: April 20, 2017
Docket Number: C082363

Justia Opinion Summary: Real Party in Interest Margarita Rodas was granted probation in 2007 after entering a negotiated plea of no contest to transporting heroin under former Health and Safety Code section 11352. At the time, the statute prohi...

California v. Wismer  
Date: April 20, 2017
Docket Number: D068743

Justia Opinion Summary: In this case, defendant John Wismer was accused of sexual molestation by the nine- and 13-year-old daughters of Wismer's friend and business associate, Richard S. The physical evidence was inconclusive; the prosecution's...

Citizens for Beach Rights v. City of San Diego  
Date: April 20, 2017
Docket Number: D069638

Justia Opinion Summary: In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP) to construct a new lifeguard station on Mission Beach. The SDP stated that failure to utilize the permit within 36 months of its issuance wou...

P. v. Mendoza
Date: April 20, 2017
Docket Number: H039705M
In re Edward B.  
Date: April 19, 2017
Docket Number: A148887

Justia Opinion Summary: Edward, then age 14, grabbed a handbag from a 66-year-old woman and was apprehended by a police officer who saw him with the bag. A wardship petition alleged misdemeanor grand theft from the person (Pen. Code, 487(c)). E...

Broadway Victoria, LLC v. Norminton, Wiita & Fuster  
Date: April 19, 2017
Docket Number: B266060

Justia Opinion Summary: Plaintiff filed suit against its former attorneys for legal malpractice and breach of fiduciary duty arising from defendants' representation of plaintiff in an earlier breach of contract action. In the published portion...

Jackson v. Mayweather, Jr.  
Date: April 19, 2017
Docket Number: B266466

Justia Opinion Summary: Shantel Jackson filed suit against former boxing champion Floyd Mayweather, Jr., alleging, inter alia, claims for invasion of privacy, defamation, and intentional and negligent infliction of emotional distress. Plaintiff...

People v. Armijo  
Date: April 19, 2017
Docket Number: B266687

Justia Opinion Summary: Defendant plead no contest to attempted murder and admitted to sentencing allegations. On appeal, defendant argued that his plea and conviction should be vacated because the trial court committed reversible error under P...

Baranchik v. Fizulich  
Date: April 19, 2017
Docket Number: B268133

Justia Opinion Summary: Plaintiffs Phillip Baranchik and Eric Baranchik filed suit under 42 U.S.C. 1983, alleging, among other things, claims of excessive force, false arrest, and malicious persecution. The trial court subsequently granted a mo...

Tepper v. Wilkins  
Date: April 19, 2017
Docket Number: B269900

Justia Opinion Summary: Plaintiff filed suit against her three siblings, on behalf of her 88-year-old mother. Plaintiff claimed that her siblings' actions individually and while serving as trustees of her mother's revocable living trust constit...

Featherstone v. Southern California Permanente Medical Group  
Date: April 19, 2017
Docket Number: B275225

Justia Opinion Summary: Plaintiff filed suit against her former employer, SCPMG, alleging that the company refused to rescind her resignation in violation of the Fair Employment and Housing Act (FEHA), Gov. Code, 12940 et seq., and public polic...

Quigley v. Garden Valley  
Date: April 19, 2017
Docket Number: C079270

Justia Opinion Summary: While assigned to fight a wildfire, plaintiff and appellant Rebecca Megan Quigley was severely injured when a water truck ran over her as she slept at the fire base camp. She sued, inter alia, defendants-respondents Gard...

Gabrielle A. v. Co. of Orange  
Date: April 19, 2017
Docket Number: G051784

Justia Opinion Summary: Plaintiffs-parents Gabrielle A. and Nicholas G., and John A. and Gregory A. (the children) appealed a judgment following the trial court’s decision to grant a motion for summary judgment by the County of Orange (the Coun...

California v. Antonio  
Date: April 18, 2017
Docket Number: D070590

Justia Opinion Summary: This case presents the question of whether sentencing judges, in cases where the state sentence is ordered to run concurrently with a foreign sentence, must issue an order directing the Department of Corrections and Reha...

In re J.S.  
Date: April 18, 2017
Docket Number: E067122

Justia Opinion Summary: The juvenile court terminated defendants-appellants, J.K.’s (Mother) and J.S.’s (Father; collectively Parents), parental rights as to J.S. (born in June 2014). On appeal, Mother argued: (1) the appeal must be construed t...

Sumrall v. Modern Alloys, Inc.
Date: April 18, 2017
Docket Number: G052678M
McDermott Will & Emery v. Super. Ct.  
Date: April 18, 2017
Docket Number: G053623

Justia Opinion Summary: In this original proceeding, the issues presented for the Court of Appeal’s review related to a confidential attorney-client communication. The trial court found that plaintiff and real party in interest Richard Hausman,...

P. v. Bryant
Date: April 17, 2017
Docket Number: B271300M
In re Marriage of Huntley  
Date: April 17, 2017
Docket Number: C080534

Justia Opinion Summary: Deanna Huntley challenged the trial court's denial of her motion to divide unadjudicated community property. Deanna filed her motion more than two years after entry of a default judgment that dissolved her marriage to Fr...

People v. Paz  
Date: April 14, 2017
Docket Number: B265251

Justia Opinion Summary: Defendant was convicted of aggravated kidnapping, forcible rape, forcible sodomy, and related deadly weapon and one-strike allegations after abducting the victim at knifepoint and assaulting her in an isolated parking lo...

In re Marriage of Djulus  
Date: April 14, 2017
Docket Number: D069757

Justia Opinion Summary: The California Constitution provided that litigating parties could stipulate that the matter may be heard and decided by a temporary judge. Without qualifying a commissioner to act and without such a stipulation, any rul...

California v. Lua  
Date: April 14, 2017
Docket Number: E064038

Justia Opinion Summary: A jury found defendant-appellant David Lua guilty of one count of transportation for sale of a controlled substance, as well as a misdemeanor count of simple possession of a controlled substance, a lesser included offens...

In re Trejo  
Date: April 13, 2017
Docket Number: A149064

Justia Opinion Summary: Petitioner was convicted of second-degree murder and sentenced to 15 years to life in prison. The offense was committed in 1979, when petitioner was 17 years old. In 1982, at age 20, he pled guilty to assault with a de...

Urban Wildlands Group v. City of L.A.  
Date: April 13, 2017
Docket Number: B271350

Justia Opinion Summary: Plaintiff filed a petition for writ of mandate and complaint for declaratory and injunctive relief, challenging the City's finding that a project was exempt from formal environmental review under the California Environme...

Sumrall v. Modern Alloys, Inc.  
Date: April 13, 2017
Docket Number: G052678

Justia Opinion Summary: A construction company paid its employee only for the hours he worked at a jobsite. But rather than driving his vehicle directly from his home to the jobsite, the company expected the employee to first commute to the com...

Applied Medical Corp. v. Thomas  
Date: April 12, 2017
Docket Number: A145867

Justia Opinion Summary: After Thomas, a member of the Board of Directors of Applied Medical Corporation, was removed from the Board in January 2012, Applied exercised its right to repurchase shares of its stock issued to Thomas as part of stock...

People v. Bechtol  
Date: April 12, 2017
Docket Number: A146680

Justia Opinion Summary: In July 2015, Bechtol was charged with a DUI committed within 10 years of a prior felony DUI conviction (Vehicle Code 23152(a), 23550.5(a)), and driving with a blood alcohol content of more than .08 percent within 10 yea...

In re Rhoades  
Date: April 12, 2017
Docket Number: D070488

Justia Opinion Summary: Officials of the California Department of Corrections and Rehabilitation (the Department) challenged the trial court's order granting a petition for writ of habeas corpus filed by Gregory Rhoades, a Native American priso...

In re J.L.  
Date: April 12, 2017
Docket Number: D070826

Justia Opinion Summary: K.B. appealed a judgment terminating her parental rights to her two children, Jc.L. and Ja.L. K.B. contended the juvenile court erred in terminating her parental rights because the court failed to comply with "the inquir...

California v. Douglas  
Date: April 11, 2017
Docket Number: C072881

Justia Opinion Summary: Defendant Brady Douglas’s former boyfriend, a male prostitute, told him “Jeffrey B.” had shorted him money following a prearranged sexual encounter. Defendant and codefendant Clifton Sharpe tracked down Jeffrey and deman...

Boling v. Public Employment Relations Bd.  
Date: April 11, 2017
Docket Number: D069626

Justia Opinion Summary: In June 2012 the voters of City of San Diego (City) approved an initiative, the "Citizens Pension Reform Initiative" (hereafter, CPRI), which adopted a charter amendment mandating changes in the pension plan for certain...

P. v. Cervantes
Date: April 10, 2017
Docket Number: A140464M
People v. Tovar  
Date: April 10, 2017
Docket Number: A145498

Justia Opinion Summary: A jury convicted Tovar of first-degree murder and conspiracy to commit murder based on his participation in the 2010 killing of Afoa. The court of appeal affirmed, rejecting an argument that insufficient evidence suppor...

McClain v. Sav-On Drugs
Date: April 10, 2017
Docket Number: B265011M
People v. Sloat  
Date: April 10, 2017
Docket Number: B270080

Justia Opinion Summary: Defendant filed a Penal Code section 1170.18, subdivision (f) petition, seeking to have his 2002 felony petty theft with a prior conviction designated a misdemeanor. The trial court denied the petition, impliedly agreein...

P. v. Sloat
Date: April 10, 2017
Docket Number: B270080A
Inland Counties Regional Center v. Super. Ct.  
Date: April 10, 2017
Docket Number: E067232

Justia Opinion Summary: Petitioner Inland Counties Regional Center, Inc. (IRC) was ordered to assess the competency of real party in interest, Adan Omar Barajas, to stand trial on criminal charges. When IRC failed to comply, it was held in cont...

Poet, LLC v. State Air Resources Board  
Date: April 10, 2017
Docket Number: F073340

Justia Opinion Summary: The State Air Resources Board (ARB) was charged with achieving the goal of regulating greenhouse gas pursuant to the California Global Warming Solutions Act of 2006, Health & Saf. Code, 38500 et seq. At issue are the low...

California v. Sharpe  
Date: April 7, 2017
Docket Number: C076938

Justia Opinion Summary: Defendant Joseph Sharpe, with several other men, went to someone else’s marijuana garden in the night to steal some plants. Confronted by the owner, the men knocked the owner down and fled. The owner pursued until one of...

Manteca Unified Sch. Dist. v. Reclamation Dist. No. 17  
Date: April 7, 2017
Docket Number: C077906

Justia Opinion Summary: This case involved the interpretation, and application of Water Code section 51200 and articles XIII C and XIII D of the California Constitution, as approved by California voters in 1996 as Proposition 218, and the inter...

Stein v. AXIS Ins. Co.  
Date: April 6, 2017
Docket Number: B265069

Justia Opinion Summary: A medical device company, Heart Tronics, purchased directors and officers liability insurance policies from AXIS and HCC. The AXIS policy has been exhausted. Plaintiff, Heart Tronics' de facto officer, filed suit against...

Scholes v. Lambirth Trucking Co.  
Date: April 6, 2017
Docket Number: C070770

Justia Opinion Summary: In 2007 a fire spread from defendant Lambirth Trucking Company’s storage site to plaintiff Vincent Scholes’ property. Scholes’ sued alleging negligent trespass, intentional trespass, and strict liability against Lambirth...

Cal. Chamber of Commerce v. State Air Resources Bd.  
Date: April 6, 2017
Docket Number: C075930

Justia Opinion Summary: Two consolidated cases involved the California Global Warming Solutions Act of 2006 (the Act), popularly known as “AB 32”). The Act was passed by a simple majority vote of both legislative houses. Its general purpose is...

California v. Martinez  
Date: April 6, 2017
Docket Number: D067052

Justia Opinion Summary: A jury found appellants-defendants Marcellus Lee, Daniel Romero and Francisco Martinez, Jr. guilty of fraud in the offer or sale of commodities. Lee and Romero were also convicted of conspiracy and grand theft of persona...

Pacific Gas and Electric Co. v. Superior Court  
Date: April 5, 2017
Docket Number: A146495

Justia Opinion Summary: Rowe, age 12, suffered catastrophic injuries during a family camping trip at San Mateo County Memorial Park, when a tree fell on his tent as he lay sleeping. Pacific Gas and Electric (PG&E) owns and maintains an electri...

People v. Truong  
Date: April 5, 2017
Docket Number: B263744

Justia Opinion Summary: Defendant was charged with acquisition or retention of access card account information with the intent to use it fraudulently, based on her possession of two Bank of America credit cards belonging to her neighbors (count...

In re Isabella M.  
Date: April 5, 2017
Docket Number: B277142

Justia Opinion Summary: R.C. appealed the juvenile court's denial of his petition to adjust his parental status from alleged to presumed father. The juvenile court had also terminated R.C.'s parental rights. The court concluded that, although R...

People v. Parrott  
Date: April 4, 2017
Docket Number: A146642

Justia Opinion Summary: Officers saw a vehicle rolling backwards without lights. Parrott exited from the driver’s side and pushed the car to the curb. The officers approached, offering assistance as Parrott began to lift the hood. Parrott said...

Danger Panda, LLC v. Launiu  
Date: April 4, 2017
Docket Number: A149062

Justia Opinion Summary: The landlord filed a unlawful detainer action against Nancy, her adult son Donn, and Donn‘s wife Olga, alleging that they refused to vacate a unit in a building that was withdrawn from residential rental use pursuant the...

Batze v. Safeway, Inc.  
Date: April 4, 2017
Docket Number: B258732

Justia Opinion Summary: Plaintiffs filed suit against their employer, Safeway, for failure to pay overtime wages. On appeal, plaintiffs argued that the trial court's findings that they spent the majority of their time at work engaged in manager...

People v. Billie  
Date: April 4, 2017
Docket Number: B265958

Justia Opinion Summary: Defendant was charged with attempted murder with special allegations of personal infliction of great bodily injury, and personal use of a deadly weapon (count 1); and assault with personal use of a deadly weapon, with th...

People v. Scott  
Date: April 4, 2017
Docket Number: B270426

Justia Opinion Summary: Defendant appealed his convictions of second degree attempted robbery and four convictions of second degree robbery, arguing that the trial court violated his constitutional right to a public trial by excluding his famil...

Young v. City of Coronado  
Date: April 4, 2017
Docket Number: D070210

Justia Opinion Summary: Appellants Arthur Young and John Young, as Trustees and on behalf of the J.S. Abbott Trust, sought a permit to demolish a small cottage on a parcel of land located in Coronado, California (the City). Because the cottage...

People v. Financial Casualty & Surety  
Date: April 3, 2017
Docket Number: B264718

Justia Opinion Summary: Juan Carlos Argulo failed to appear in court after Financial Casualty authorized its agent to issue a $100,000 bail bond guaranteeing Angulo's court appearances. The trial court issued a "no bail" warrant for Argulo's ar...

People v. Rascon  
Date: April 3, 2017
Docket Number: B269000

Justia Opinion Summary: Defendant appealed her convictions for drug, firearm, and ammunition possession. The court concluded that defendant's Miranda rights were not violated; substantial evidence supported the finding that defendant was armed;...

People v. Bryant  
Date: April 3, 2017
Docket Number: B271300

Justia Opinion Summary: Defendant was convicted of possessing a concealed, loaded, unregistered firearm in a vehicle. On appeal, defendant challenged the trial court's term of supervision requiring defendant submit to searches of text messages,...

People v. Smith  
Date: March 30, 2017
Docket Number: A146648

Justia Opinion Summary: Smith was one of three people extracted from a vehicle involved in a single-car rollover accident. Smith’s blood alcohol content (BAC) was 0.24 percent. He was charged with driving under the influence causing injury and...

Oltmans Construction Co. v. Bayside Interiors, Inc.  
Date: March 30, 2017
Docket Number: A147313

Justia Opinion Summary: Escobar was an employee of O’Donnell, a sub-subcontractor of Bayside, which was a subcontractor of Oltmans, the general contractor on a Menlo Park construction project. Escobar sued Oltmans and the property owner, allegi...

A.T. v. Superior Court  
Date: March 30, 2017
Docket Number: A149772

Justia Opinion Summary: A.T. is enrolled in high school. Her attendance is regular; she earns passing grades. She was riding with another minor in a car driven by her brother, also a minor with no delinquent history. Police stopped the car be...

California v. Vandiver  
Date: March 30, 2017
Docket Number: E065899A

Justia Opinion Summary: In this appeal, the parties asked the Court of Appeal to determine the value of a blank check for the purpose of distinguishing between misdemeanor and felony receiving stolen property after passage of the Safe Neighborh...

People v. Mendoza  
Date: March 30, 2017
Docket Number: H039705

Justia Opinion Summary: Garcia died in August 2011 after receiving multiple stab wounds. Mendoza, Martell, and Ramirez were convicted following a joint trial, for second degree murder (Pen. Code 187, 189) with gang enhancements (section 186.2...

Aptos Council v. County of Santa Cruz  
Date: March 30, 2017
Docket Number: H042976

Justia Opinion Summary: Santa Cruz County adopted three ordinances that extended minor exceptions to zoning site standards; altered certain height, density, and parking requirements for hotels in commercial districts; and established an adminis...

Marin Community Services v. Workers' Compensation Appeals Board  
Date: March 29, 2017
Docket Number: A147582

Justia Opinion Summary: Romo was a volunteer firefighter for Marinwood from 1989-1991 and for the San Antonio Volunteer Fire District, 2002-2006. Beginning in 2006, he was employed full time as a paid Mill Valley firefighter. While working fo...

People v. Gandy  
Date: March 29, 2017
Docket Number: B264452

Justia Opinion Summary: Defendant entered a no contest plea, in which he admitted a prior strike based on three out-of-state state felony convictions. Before pleading no contest, he moved to dismiss the prior felonies on the ground that the con...

Ramirez v. WCAB  
Date: March 29, 2017
Docket Number: C078440

Justia Opinion Summary: In this writ proceeding, Daniel Ramirez sought review of his independent medical review (pursuant to his workers' compensation claim) on the ground the underlying utilization review was based on an incorrect standard. In...

Gateway Community Charters v. Spiess
Date: March 29, 2017
Docket Number: C078677M
Charney v. Standard General, LP  
Date: March 28, 2017
Docket Number: B268928

Justia Opinion Summary: Plaintiff, the president and CEO of American Apparel, filed suit against Standard General, alleging several causes of action stemming from his claim that Standard General's press release, regarding investigations into al...

Pizarro v. Reynoso  
Date: March 28, 2017
Docket Number: C077594A

Justia Opinion Summary: The patriarch-settlor appointed defendant Melissa Reynoso (a granddaughter of the settlor) as trustee of his estate. In this proceeding, the trial court determined Reynoso was the most reliable and credible of the family...

Melcher v. Superior Court  
Date: March 28, 2017
Docket Number: C079225

Justia Opinion Summary: A criminal complaint charged petitioner Shawn Melcher with two counts of assault with a deadly weapon on a peace officer and other crimes. One of petitioner’s alleged assault victims was Alan Serpa. Serpa’s wife, Barbara...

People v. Hernandez  
Date: March 28, 2017
Docket Number: H043551

Justia Opinion Summary: In 1997, defendant was convicted of second-degree robbery and petty theft. The court found true allegations that defendant had two prior convictions that qualified as strikes under the Three Strikes law. For the robber...

Quiles v. Parent  
Date: March 27, 2017
Docket Number: G054353

Justia Opinion Summary: Judgment was entered in favor of plaintiff Amanda Quiles and against defendant Arthur Parent, Jr. Parent satisfied the damages portion of the judgment. Parent’s appeal related solely to the awards of attorney fees and co...

Wind Dancer Production Group v. Walt Disney Pictures  
Date: March 24, 2017
Docket Number: B262426

Justia Opinion Summary: Plaintiffs, writers and producers who entered into a profit participation agreement with Walt Disney Pictures regarding their work on the television series, Home Improvement, filed suit alleging that Disney failed to pro...

Tract No. 7260 Assn. v. Parker  
Date: March 24, 2017
Docket Number: B271111

Justia Opinion Summary: Plaintiff, a member of the HOA, requested inspection of the HOA's membership list and other records. After the HOA largely denied the request, plaintiff filed a petition for writ of mandate seeking to compel the HOA to a...

In re Loza  
Date: March 24, 2017
Docket Number: B279566

Justia Opinion Summary: Petitioner, convicted of two counts of first degree murder and two counts of attempted robbery, argued on direct appeal that insufficient evidence supported the jury's finding true the Penal Code section 190.2 special ci...

Iqbal v. Ziadeh  
Date: March 24, 2017
Docket Number: C075203

Justia Opinion Summary: Plaintiff Muhammad Iqbal appealed the grant of summary judgment entered against his complaint for personal injuries. In 2011, plaintiff sued Yosemite Auto Sales, Inc. (Yosemite Auto), its owner Eyad Kaid, and Alla Abuzia...

Espinoza v. Shiomoto  
Date: March 24, 2017
Docket Number: E064252A

Justia Opinion Summary: Bernice Espinoza appealed the denial of her petition for writ of administrative mandate challenging the one-year suspension of her driver’s license by the Department of Motor Vehicles (Department). After review, the Cour...

Bonome v. City of Riverside  
Date: March 24, 2017
Docket Number: E064925

Justia Opinion Summary: Defendants-appellants City of Riverside (City) and Riverside Police Chief Sergio Diaz appealed the grant of a petition for writ of mandate filed by plaintiff-respondent Camillo Bonome, Jr. Bonome had been employed as a R...

Co. of Riverside v. WCAB  
Date: March 24, 2017
Docket Number: E065688

Justia Opinion Summary: Petitioner County of Riverside (the County) challenged Workers’ Compensation Appeals Board (WCAB) findings that the application for adjudication of claim by respondent Peter Sylves was timely filed, and that Labor Code s...

Farrar v. Direct Commerce, Inc.  
Date: March 23, 2017
Docket Number: A146944

Justia Opinion Summary: Farrar was hired by Direct Commerce as its vice-president of business development and negotiated an employment agreement set forth in a six-page offer letter detailing her compensation, additional bonus structure, and st...

Colyear v. Rolling Hills Community Assn. etc.
Date: March 23, 2017
Docket Number: B270396M
California v. Riddles  
Date: March 23, 2017
Docket Number: D069419

Justia Opinion Summary: Defendant-appellant John Riddles pled guilty to one count of workers' compensation insurance fraud. His conviction grew out of his application for workers' compensation insurance, which fraudulently represented that a nu...

California v. Van Orden  
Date: March 23, 2017
Docket Number: E066432

Justia Opinion Summary: This case involved the interplay between two criminal law statutes: Penal Code section 490.2 (petty theft) and Vehicle Code section 10851 (unlawful taking or driving a vehicle). Defendant Charles Van Orden appealed the t...

Lindsey v. Conteh  
Date: March 23, 2017
Docket Number: G052016

Justia Opinion Summary: The issue this case presented for the Court of Appeals’ review centered on the propriety of a discovery referee’s order imposing $100,000 in discovery sanctions against defendants Alieu B. M. Conteh (Conteh), Odessa Capi...

People v. Bunyard  
Date: March 22, 2017
Docket Number: F071846

Justia Opinion Summary: Defendant petitioned to have his felony conviction for second degree burglary, Pen. Code, 49, redesignated as misdemeanor shoplifting, and for resentencing. The trial court concluded that defendant's conviction did not q...

Fiduciary Trust International of California v. Klein  
Date: March 21, 2017
Docket Number: A144558

Justia Opinion Summary: In 2015, the court of appeal upheld the probate court’s decision to grant the petition of Alexander Hughes, the sole noncontingent trust beneficiary (and trustor Mark Hughes’ only child), to suspend and remove trustees d...

Coyne v. City and County of San Francisco  
Date: March 21, 2017
Docket Number: A145044

Justia Opinion Summary: Two trial courts invalidated San Francisco ordinances increasing the relocation assistance payments property owners owe their tenants under the Ellis Act, Gov. Code 7060, finding the ordinances facially preempted by the...

Emerald Aero v. Kaplan
Date: March 21, 2017
Docket Number: D070579M
Gerard v. Orange Coast Memorial Medical Center  
Date: March 21, 2017
Docket Number: G048039A

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

Gerard v. Orange Coast Memorial Medical Center
Date: March 21, 2017
Docket Number: G048039B
People v. Antolin  
Date: March 20, 2017
Docket Number: A147075

Justia Opinion Summary: In 2013, jury convicted defendant of possession of methamphetamine for sale. The trial court found defendant had three prior narcotics sales convictions and sentenced defendant to 11 years in county jail pursuant to for...

P. v. Profitt
Date: March 20, 2017
Docket Number: A147278M
City of L.A. v. Super. Ct.
Date: March 20, 2017
Docket Number: B269525M
Vaquero v. Stoneledge Furniture
Date: March 20, 2017
Docket Number: B269657M
Sheley v. Harrop  
Date: March 20, 2017
Docket Number: C077747

Justia Opinion Summary: Richard Sheley (decedent) formed and operated a corporation, George's Pest Control, Inc. Cross-complainant/respondent Nancy Sheley, the decedent's wife at the time of his death, owned a 25 percent share in the corporatio...

In re Matthew C.  
Date: March 17, 2017
Docket Numbers: A147877, A149683

Justia Opinion Summary: In consolidated dependency actions, Mother contested the juvenile court's detention and dispositional orders temporarily denying her visitation to her infant son. In the published portion of the opinion, the court joined...

Plaintiff v. Defendant  
Date: March 17, 2017
Docket Number: B264462

Justia Opinion Summary: Defendant was convicted of first degree murder and the jury found defendant personally and intentionally discharged a firearm causing death. In the published portion of the opinion, the court discussed why any error in f...

California v. Angel  
Date: March 17, 2017
Docket Number: E064000

Justia Opinion Summary: Defendant-appellant Selina Angel had two jury trials on three charges. At the first trial, the jury acquitted defendant of the third count of committing a lewd or lascivious act on John Doe 2 (JD2), a minor under 16 year...

California v. Russell  
Date: March 17, 2017
Docket Number: E064121

Justia Opinion Summary: Defendant Lamonte Russell and codefendants, Ronald Butterfield and Eric Williams, were charged with committing attempted murder, aggravated mayhem, torture, and assault with a deadly weapon. The trial court severed defen...

Phillips v. Honeywell International Inc.  
Date: March 17, 2017
Docket Number: F070761

Justia Opinion Summary: After a jury found that the mesothelioma contracted by James Lester Phillips was caused in part by exposure to asbestos contained in Bendix brakes, Honeywell challenged the $5.8 million awarded to Phillips's wife and sur...

Jason P. v. Danielle S.  
Date: March 16, 2017
Docket Number: B268319

Justia Opinion Summary: Jason P., a sperm donor, sought to establish that he is a legal parent of a child conceived through in vitro fertilization (IVF) using his sperm, and that he is entitled to joint legal and physical custody of the child w...

California v. Mejia  
Date: March 16, 2017
Docket Number: E062962A

Justia Opinion Summary: Defendant-appellant Philip Mejia appealed his conviction for torture, spousal rape, spousal abuse, and criminal threats. The Court of Appeal rejected his contention that the court should have conducted a hearing pursuant...

California v. Stapleton  
Date: March 16, 2017
Docket Number: E064824

Justia Opinion Summary: Defendant-appellant Luther Darnell Stapleton, Jr. pleaded guilty to petty theft with a prior. Defendant stole less than $950 worth of property from a Target store in 2014. Defendant had prior theft-related convictions, a...

Doe v. United States Youth Soccer
Date: March 16, 2017
Docket Number: H040688M
P. v. Cuiriz
Date: March 15, 2017
Docket Number: A144351N
ECC Capital v. Manatt, Phelps & Phillips  
Date: March 15, 2017
Docket Number: B265760

Justia Opinion Summary: ECC appealed a final arbitration award of almost $7 million against them and in favor of Manatt. ECC argued that the trial court erred in confirming the interim award because the arbitrator violated mandatory disclosure...

Y.R. v. A.F.  
Date: March 15, 2017
Docket Number: B266621

Justia Opinion Summary: Mother of Z. appealed the trial court's order awarding child support from Father, a successful director and producer, in an amount that deviated downward from the statewide uniform guideline by a substantial amount. The...

Residents Against Specific Plan 380 v. Co. of Riverside  
Date: March 15, 2017
Docket Number: E063292

Justia Opinion Summary: Plaintiff-appellant Residents Against Specific Plan 380 appealed the denial of its petition for a writ of mandate to challenge the County of Riverside’s (County) to approve development of a master-planned community put f...

Ramirez v. Tulare County District Attorney's Office  
Date: March 15, 2017
Docket Numbers: F071223, F071324, F071872

Justia Opinion Summary: In three related actions, three separate plaintiffs sought the return of seized property based on the ground that government agencies failed to comply with the statutory requirements for nonjudicial forfeiture. Defendant...

California v. Phung  
Date: March 15, 2017
Docket Number: G051876

Justia Opinion Summary: Defendant Tom Phung was 17 years old when he and fellow Tiny Rascal Gang (TRG) members, riding in about five cars, chased a fleeing vehicle containing eight rival gang members. A TRG member shot and killed one rival and...

Schoshinksi v. City of Los Angeles  
Date: March 14, 2017
Docket Number: B269431

Justia Opinion Summary: The City settled a class action suit in 2012, Chakhalyan v. City of Los Angeles, alleging that the City had an unlawful practice of charging a trash disposal fee to customers living in multi-unit dwellings who received n...

Behunin v. Superior Court  
Date: March 14, 2017
Docket Number: B272225

Justia Opinion Summary: Nicholas Behunin filed suit against Charles Schwab and his son Michael Schwab over an unsuccessful real estate investment deal. Behunin's attorneys, Leonard Steiner and Steiner & Libo, engaged a public relations consulta...

People v. Call  
Date: March 14, 2017
Docket Number: F071500

Justia Opinion Summary: Defendant was convicted of transportation of methamphetamine and possession of methamphetamine for sale. Three prior prison term enhancement allegations were found true in a bifurcated court trial and those prior convict...

Jarman v. HCR ManorCare  
Date: March 14, 2017
Docket Number: G051086

Justia Opinion Summary: John Jarman (later represented by his daughter, Janice Jarman, as successor in interest), sued HCR ManorCare, Inc., and Manor Care of Hemet, CA, LLC, (collectively, "Manor Care"), which owned and operated a nursing home...

P. v. Cuiriz
Date: March 13, 2017
Docket Number: A144351M
Wilson v. County of Napa
Date: March 13, 2017
Docket Number: A149153M
Atkins v. City of Los Angeles
Date: March 13, 2017
Docket Number: B257890M
McClain v. Sav-On Drugs  
Date: March 13, 2017
Docket Numbers: B265011, B265029

Justia Opinion Summary: Plaintiffs each bought skin puncture lancets and glucose test strips from retail pharmacy stores owned and/or operated by defendants. When plaintiffs purchased these items, the retail pharmacies charged them "sales tax"...

Walent v. Commission on Professional Competence of the LAUSD  
Date: March 13, 2017
Docket Number: B266265

Justia Opinion Summary: After Nancie Walent successfully challenged her dismissal from employment, the District appealed the award of attorney's fees to Walent. The trial court determined that a lodestar calculation was the appropriate mechanis...

In re Kyle T.  
Date: March 13, 2017
Docket Number: B267722

Justia Opinion Summary: Defendant appealed from the juvenile court's adjudication order declaring him a ward of the court and sustained a petition filed by the People alleging that defendant had committed vandalism charges based on his "tagging...

Ivanoff v. Bank of America  
Date: March 13, 2017
Docket Number: B271035

Justia Opinion Summary: Plaintiff filed suit against the Bank, alleging violations of the federal Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., and California's unfair competition law (UCL), Bus. & Prof. Code, 17200 et seq., fraudulent o...

California v. Salas  
Date: March 13, 2017
Docket Number: D070569

Justia Opinion Summary: Steven Salas pleaded no contest to domestic violence and the trial court sentenced him to three years in prison. The trial court also ordered Salas to pay victim restitution of $17,194.45, including $14,055.48 for securi...

California v. Super. Ct.  
Date: March 13, 2017
Docket Number: E067296A

Justia Opinion Summary: Proposition 57 eliminated the State's ability to directly file charges against a juvenile offender in adult court and instead authorized the State to file “a motion to transfer the minor from juvenile court to a court of...

Yale v. Bowne  
Date: March 10, 2017
Docket Number: B260762

Justia Opinion Summary: After a jury found that defendant, an attorney, had breached the standard of care in failing to properly implement plaintiff's express instruction to maintain her assets as her separate property in the trust document whi...

California ex rel. Reisig v. Acuna
Date: March 10, 2017
Docket Number: C068868M
P. v. Cook
Date: March 10, 2017
Docket Number: F070733M
In re Hannah D.  
Date: March 10, 2017
Docket Number: F074143

Justia Opinion Summary: Father appealed the dependency court's termination of Mother and Father's parental rights over their children. The court concluded that Father's failure to challenge the January 27, 2016, order (terminating reunification...

Glassdoor, Inc. v. Superior Court  
Date: March 10, 2017
Docket Number: H042824

Justia Opinion Summary: After a Machine Zone (MZ) employee posted a review on Glassdoor's website disclosing confidential information regarding MZ's RTPlatform technology, MZ filed suit against the employee for violation of a nondisclosure agre...

People v. Cervantes  
Date: March 9, 2017
Docket Number: A140464

Justia Opinion Summary: Cervantes was 14 years old when he attacked a 13-year-old girl and her 20-month-old brother. After breaking into their home, he stabbed them repeatedly as they slept, raped and sodomized the girl, forced her to orally c...

Johnny W. v. Superior Court  
Date: March 9, 2017
Docket Number: A150579

Justia Opinion Summary: The San Francisco County Human Services Agency filed a Welfare and Institutions Code section 300 petition on behalf of the Minor. At an initial detention hearing, Father appeared. The court appointed counsel. Counsel as...

Shanks v. DOT  
Date: March 9, 2017
Docket Number: B268459

Justia Opinion Summary: After Gary Lynn Shanks died in a head-on collision with another motorcycle on a state highway, the jury in the ensuing wrongful death action determined that the State and the operator of the motorcycle were at fault. Spe...

California v. Villa-Gomez  
Date: March 9, 2017
Docket Number: C073188

Justia Opinion Summary: Defendant Cesar Villa-Gomez appealed after he was tried and convicted by a jury on multiple assault and gang-related counts arising out of a group attack on fellow prisoners in the Yuba County jail. He was sentenced to s...

In re Cristian S.  
Date: March 9, 2017
Docket Number: H043104

Justia Opinion Summary: The minor was 13 years old when he engaged sexual conduct with a four-year-old boy and seven-year-old girl. Pursuant to a negotiated agreement under Welfare and Institutions Code section 6021, the minor admitted one coun...

City of Crescent City v. Reddy  
Date: March 8, 2017
Docket Number: A143640

Justia Opinion Summary: The Townhouse Motel in Crescent City first became a subject of code enforcement efforts in 2006. Until 2013, the city repeatedly ordered Reddy to abate dangerous conditions. In 2013, following an inspection, the city i...

Beck v. Stratton  
Date: March 8, 2017
Docket Number: B270826A

Justia Opinion Summary: After the Labor Commissioner awarded Anthony Stratton approximately $6,000 in unpaid wages and penalties against Thomas Beck, Stratton's former employer, Beck unsuccessfully appealed the award to the superior court under...

In re Alayah J.  
Date: March 8, 2017
Docket Number: B275728

Justia Opinion Summary: Mother challenged the juvenile court's order terminating parental rights over her three children. The court agreed with mother that the juvenile court erred by initially granting her a hearing on her Welfare and Institut...

Gateway Community Charters v. Spiess  
Date: March 8, 2017
Docket Number: C078677

Justia Opinion Summary: At issue in this case was whether Gateway Community Charters (Gateway), a nonprofit public benefit corporation that operated charter schools, was an “other municipal corporation” for purposes of Labor Code section 220, s...

People v. Vega-Robles  
Date: March 7, 2017
Docket Number: A137121A

Justia Opinion Summary: A jury convicted Vega-Robles of conspiracy to sell controlled substances, attempted robbery, and two first-degree murders, and found true gang and firearm enhancements. He appealed, challenging gang experts’ testimony o...

Dr. Leevil, LLC v. Westlake Health Care Center  
Date: March 7, 2017
Docket Number: B266931

Justia Opinion Summary: After Westlake Health failed to vacate Westlake Village, plaintiff filed suit for unlawful detainer. Westlake Health argued that its lease was senior to the deed of trust and that the notice to quit was invalid because i...

Betancourt v. Prudential Overall Supply  
Date: March 7, 2017
Docket Number: E064326

Justia Opinion Summary: Plaintiff-respondent Roberto Betancourt sued his employer, defendant-appellant Prudential Overall Supply (Prudential). In Betancourt's complaint, he alleged Betancourt and other Prudential employees worked over eight hou...

In re T.W.  
Date: March 6, 2017
Docket Number: A148171

Justia Opinion Summary: The Mendocino County Department of Social Services filed a Welfare and Institutions Code section 3001 petition concerning three minors, alleging their mother was unable to care for them, and that Father’s whereabouts wer...

People v. Garcia  
Date: March 6, 2017
Docket Number: B266889

Justia Opinion Summary: Defendant was convicted of two counts of assault with a firearm. At issue in the published portion of the opinion was the jury's finding that defendant committed the offenses for the benefit of a criminal street gang. Th...

California v. Lara  
Date: March 6, 2017
Docket Number: C072355

Justia Opinion Summary: Stephen Lucero was shot to death several hours after he and fellow gang members, defendants Alberto Lara, Issiah Flores, and Aurelio Espinoza, III burglarized a house in Stockton, taking an assortment of electronics and...

California v. Shorts  
Date: March 6, 2017
Docket Number: C078041

Justia Opinion Summary: Defendant Terry Shorts sexually assaulted and murdered 13-year-old Jessica S. in 1996, shooting her in the head and leaving her half-naked body in a park in the middle of the night. Sixteen years later, he was connected...

Johnson v. ArvinMeritor, Inc.  
Date: March 2, 2017
Docket Number: A131975

Justia Opinion Summary: Johnson sued automotive parts manufacturers for injuries alleged to have been caused by secondary exposure to asbestos or asbestos-containing materials, claiming that he suffered exposure from asbestos contamination brou...

City of L.A. v. Superior Court  
Date: March 2, 2017
Docket Number: B269525

Justia Opinion Summary: The City filed a petition for writ of mandate seeking an order directing the trial court to vacate its order and enter a new order denying a motion to compel discovery. Real Party in Interest Cynthia Anderson-Barker file...

Flake v. Neumiller & Beardslee  
Date: March 2, 2017
Docket Number: C079790

Justia Opinion Summary: Former counsel moved to withdraw from representing a client, alleging another attorney had agreed to handle (and was already handling) postjudgment motions, and that the other attorney would also handle the appeal of an...

Cal. State University Fresno Association v. County of Fresno  
Date: March 2, 2017
Docket Numbers: F072324, F073149

Justia Opinion Summary: The Association filed a property tax refund suit against the County under Revenue and Taxation Code section 5140. The County argued that the action was barred because the Association failed to file a timely refund claim...

People v. S.M.  
Date: March 1, 2017
Docket Number: A147596

Justia Opinion Summary: On March 21, 2011, S.M. made a police report stating that someone had broken the window of his parked car and stolen his laptop computer. S.M.’s insurer, State Farm, told him that his policy did not cover the loss. Tha...

Bank of New York Mellon v. Citibank
Date: March 1, 2017
Docket Number: B262899M
Haniff v. Superior Court  
Date: March 1, 2017
Docket Number: H043345

Justia Opinion Summary: Haniff was employed as a delivery truck driver when he was injured in a motor vehicle accident while unloading packages from his parked truck on the Stanford campus. According to Haniff, an automobile owned by Kim and pa...

People v. Icke  
Date: February 28, 2017
Docket Number: A141917

Justia Opinion Summary: Icke, a chiropractor, was convicted of sexual penetration by fraudulent misrepresentation of professional purpose. (Pen. Code 289(d)(4)). The jury found that Icke digitally penetrated a client for a sexual purpose durin...

Wilson v. County of Napa  
Date: February 28, 2017
Docket Number: A149153

Justia Opinion Summary: In February 2016 proponents submitted to the Napa County Registrar of Voters their initiative petition. After initially certifying that the initiative qualified for placement on the ballot, the registrar rejected the pet...

Williamson v. Brooks
Date: February 28, 2017
Docket Number: B265745M
Bermudez Vaquero v. Stoneledge Furniture  
Date: February 28, 2017
Docket Number: B269657

Justia Opinion Summary: Plaintiffs, former sales associates for Stoneledge, filed a class action complaint alleging that Stoneledge's commission pay plan did not comply with California law. The court held that employees paid on commission are e...

Colyear v. Rolling Hills Community Association  
Date: February 28, 2017
Docket Number: B270396

Justia Opinion Summary: Defendant, a homeowner in Rancho Palos Verdes, submitted an application to his HOA, seeking to invoke the HOA's dispute resolution process against a neighbor who refused to trim trees blocking defendant's views. Plaintif...

California v. Acuna  
Date: February 28, 2017
Docket Number: C068868

Justia Opinion Summary: Yolo County District Attorney Jeff Reisig on behalf of the State of California (plaintiff), filed this civil action against the Broderick Boys criminal street gang (a/k/a BRK a/k/a BSK a/k/a Norteno a/k/a Norte a/k/a XIV...

Pini v. Fenley  
Date: February 28, 2017
Docket Number: C082963

Justia Opinion Summary: Defendant John Fenley was elected to the Trinity County Board of Supervisors in the June 7, 2016 election. Contestant Firenza Pini filed a contest in the superior court 20 days after certification of the final canvass, a...

Emerald Aero, LLC v. Kaplan  
Date: February 28, 2017
Docket Number: D070579

Justia Opinion Summary: Stephen Kaplan appeals from a judgment confirming a $30 million arbitration award against him. This matter arose when several investors (plaintiffs1) sued Kaplan and a limited liability company (referred to as Houston LL...

California v. Vandiver  
Date: February 28, 2017
Docket Number: E065899

Justia Opinion Summary: Respondent Angela Vandiver pled guilty in 2012 to a single felony count of receiving stolen property based on her possession of blank checks she knew had been stolen. She later petitioned to have the conviction redesigna...

Gonzalez v. Santa Clara County Department of Social Services  
Date: February 28, 2017
Docket Number: H041997

Justia Opinion Summary: Gonzalez challenged an administrative order declaring that she should be reported to the statewide child abuse index for what was deemed excessive discipline of her 12-year old daughter. She had spanked the girl with a w...

Jacobs v. Locatelli
Date: February 28, 2017
Docket Number: H042292M
People v. Profitt  
Date: February 27, 2017
Docket Number: A147278

Justia Opinion Summary: Profitt was charged with felony driving under the influence of alcohol (DUI) and misdemeanor driving with a license suspended for prior DUI convictions. The trial court bifurcated trial on three prior DUI convictions th...

Melamed v. Cedars-Sinai Medical Center  
Date: February 27, 2017
Docket Number: B263095

Justia Opinion Summary: Plaintiffs filed suit against defendants after he was suspended from his position as a physician at Cedars-Sinai. The suspension stemmed from plaintiff's operation on a young patient, which resulted in complications requ...

Lemke v. Sutter Roseville Medical Center  
Date: February 27, 2017
Docket Number: C078983

Justia Opinion Summary: Diana Lemke challenged the trial court’s granting of summary judgment in favor of respondents Sutter Roseville Medical Center, Peter V. Hull, M.D., Debbie Madding, and Julie Fralick (collectively Sutter Roseville). Lemke...

California v. Malago  
Date: February 27, 2017
Docket Number: D069858

Justia Opinion Summary: Felipe Malago appealed certain mandatory supervision conditions related to alcohol consumption, alcohol testing, alcohol treatment, and substance abuse treatment. Malago contended the superior court abused its discretion...

California v. Jackson  
Date: February 27, 2017
Docket Number: G051606

Justia Opinion Summary: “The trial judge in this case exercised uncommon common sense” in this case: appellant Michael James Jackson was faced with having to choose between revealing damaging information to the judge about to hear his bench tri...

People v. Lopez  
Date: February 24, 2017
Docket Numbers: B267935, B277301

Justia Opinion Summary: Defendant appealed her carjacking conviction and sought a petition for habeas relief based on ineffective assistance of counsel. The court held that there was sufficient evidence to support the jury's finding that defend...

People v. Khamvongsa  
Date: February 24, 2017
Docket Number: B269998

Justia Opinion Summary: Defendant appealed the denial of her petition for dismissal of two misdemeanor convictions under Penal Code section 1203.4a. The court reversed and remanded, concluding that the fact that defendant served a prison term f...

Finch Aerospace Corp. v. City of San Diego  
Date: February 24, 2017
Docket Number: D070000

Justia Opinion Summary: In 1996 Brown Field Aviation Ventures leased space at Brown Field Airport from the City of San Diego under a long-term, master lease agreement. Brown Field Aviation Ventures subleased the space to Bearden Aviation, Inc....

People v. Cowan  
Date: February 23, 2017
Docket Number: B258587A

Justia Opinion Summary: Defendant was sentenced to 65 years in prison after being convicted of sodomy of a person under age 10, two counts of oral copulation with a person under age 10, and two counts of lewd acts on a child. In this appeal, de...

Rhule v. WaveFront Technology  
Date: February 23, 2017
Docket Number: B267359

Justia Opinion Summary: Plaintiff filed suit against his former employer, WaveFront, for wrongful termination. On appeal, plaintiff challenged the trial court's award of $8,125.00 in attorney fees to WaveFront. The court rejected plaintiff's co...

O'Neal v. Stanislaus County Employees' Retirement Association  
Date: February 23, 2017
Docket Number: F070605

Justia Opinion Summary: Plaintiffs filed suit after StanCERA implemented several changes to the actuarial calculations used to determine how to amortize unfunded liabilities within the retirement system and chose to utilize so-called non-valuat...

California v. Nicolas  
Date: February 23, 2017
Docket Number: G052512

Justia Opinion Summary: A jury found defendant Jorene Nicolas guilty of vehicular manslaughter with gross negligence. Defendant was on her phone and texting while driving on the freeway. The victim had been in her car, stalled in a traffic jam....

People v. Lena  
Date: February 22, 2017
Docket Number: A138474

Justia Opinion Summary: Police responded to a home burglary alarm in Corte Madera at the Ryborg/Fellows home and encountered Lena in the neighborhood, with fresh mud on his trousers. The Ryborg/Fellows home was near a hillside thick with mud....

Lynn v. Tatitlek Support Services, Inc.  
Date: February 22, 2017
Docket Number: E063585

Justia Opinion Summary: Plaintiffs-appellants Gail Lynn (Mrs. Lynn), individually and as executor of the Estate of Brian Griffin Lynn (Mr. Lynn), and Randy Lynn, (son) appealed the grant of summary judgment entered in favor of defendant-respond...

Vieira Enterprises, Inc. v. McCoy  
Date: February 22, 2017
Docket Number: H039293

Justia Opinion Summary: In 1996, Vieira acquired a Capitola mobile home park. According to the deed, part of the western boundary was the center line of Rosedale Avenue, a 40-foot-wide private road. The apparent boundary was different because...

Doe v. United States Youth Soccer  
Date: February 22, 2017
Docket Number: H040688

Justia Opinion Summary: Jane Doe, a minor, was sexually abused by Fabrizio, her former soccer coach. Fabrizio, who had a prior conviction for battery against his spouse, pleaded no contest to continuous sexual abuse of a child and lewd and las...

Golden Day Schools v. Office of Admininistrative Hearings  
Date: February 21, 2017
Docket Number: B261461

Justia Opinion Summary: After the trial court ruled on a petition for writ of administrative mandamus pursuant to California Code of Civil Procedure section 1094.5, Golden Day appealed the trial court's holding regarding certain findings of the...

In re Marcus C., Jr.  
Date: February 21, 2017
Docket Number: B270853

Justia Opinion Summary: The Department and the child challenged the dismissal of a juvenile dependency petition after an adjudication hearing under Welfare and Institutions Code section 300. The petition was the result of allegations of neglect...

California v. Camel  
Date: February 21, 2017
Docket Number: C075573

Justia Opinion Summary: Defendant Percy Camel killed two men in separate criminal incidents. Convicted of two counts of first degree murder and other crimes and sentenced to two consecutive indeterminate terms of life without the possibility of...

People v. Smith  
Date: February 17, 2017
Docket Number: H042287

Justia Opinion Summary: Defendant and another man went to a drug dealer’s home for the purpose of purchasing a quarter-pound of methamphetamine. Defendant was carrying two cell phones, a large knife in a concealed sheath, another knife in a poc...

P. v. Lowery
Date: February 17, 2017
Docket Number: H042551M
Bank of New York Mellon v. Citibank  
Date: February 16, 2017
Docket Number: B262899

Justia Opinion Summary: This case stems from the simultaneous refinancing of a home equity line of credit by two different lenders in 2006, which resulted in a dispute over the priority of their recorded deeds of trust. On appeal, Bank of New Y...

Sanchez v. Kern Emergency Medical Trans.
Date: February 16, 2017
Docket Number: F069843M
Southern Cal. Sunbelt v. Banyan, Ltd.  
Date: February 16, 2017
Docket Number: G051260

Justia Opinion Summary: In the seventh appeal arising from a 20-year multi-phase litigation, the issue presented for the Court of Appeal’s review centered on whether the trial court had authority to award approximately $281,000 in receivership...

California v. Alsafar  
Date: February 16, 2017
Docket Number: G052951

Justia Opinion Summary: Faris Alsafar appealed the extension of his period of commitment to a state mental hospital as a mentally disordered offender (MDO). He argued the trial court violated his constitutional right to equal protection when it...

Professional Collection Consultants v. Lauron  
Date: February 16, 2017
Docket Number: H042686

Justia Opinion Summary: Lauron had two Chase credit cards, one ending in 5285 and one ending in 5274. The Cardmember Agreement for 5274 stated that: “THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETE...

People v. Black  
Date: February 16, 2017
Docket Number: H043360

Justia Opinion Summary: Black called Knarr to suggest a real estate investment. Knarr gave Black $124,456, documented by a May 2006 promissory note. Knarr testified that he would not have invested without a promised 10 percent return if sale or...

People v. Clark  
Date: February 15, 2017
Docket Number: A143378

Justia Opinion Summary: In 1997, Clark was convicted of indecent exposure and sentenced to a prison term of 26 years to life under the “three strikes” law. He had prior convictions for the same offense and two for lewd and lascivious conduct (...

Argentieri v. Zuckerberg  
Date: February 15, 2017
Docket Number: A147932

Justia Opinion Summary: Argentieri was an attorney for Ceglia in Ceglia’s suit against Zuckerberg and Facebook. That suit was dismissed as a fraud on the court and for spoliation of evidence. Zuckerberg and Facebook then sued Argentieri for ma...

Samara v. Matar  
Date: February 15, 2017
Docket Number: B265752

Justia Opinion Summary: Plaintiff filed suit for dental malpractice, alleging Dr. Nahigian had negligently performed oral surgery on her and Dr. Matar, as Dr. Nahigian's principal and employer, was vicariously liable for Dr. Nahigian's negligen...

People v. Diaz  
Date: February 15, 2017
Docket Number: B269048

Justia Opinion Summary: The People appealed from the trial court's grant of defendant's writ of habeas corpus. The court agreed with the People's contention that the reclassification of defendant's 2009 felony conviction of petty theft with a p...

Secci v. United Independent Taxi Drivers  
Date: February 15, 2017
Docket Number: B270082

Justia Opinion Summary: Plaintiff was injured after a motorcycle crash with defendant Aram Tonakanian, who was driving a green and white taxi marked with United's insignia. After the jury found that Tonakanian was United's agent, but not an emp...

Doe v. California  
Date: February 15, 2017
Docket Number: D069411

Justia Opinion Summary: Plaintiffs John and Jane Doe appealed an order granting the State Department of Justice's special motion to strike under the anti-SLAPP statute. In their lawsuit, the Does alleged civil rights violations, negligence, fal...

People. v. Cuiriz  
Date: February 14, 2017
Docket Number: A144351

Justia Opinion Summary: During defendant’s 19th birthday party, a confrontation occurred between defendant’s father and Barcenas. Defendant observed two men hitting her father; she claims they pushed her when she attempted to separate the men a...

McGinnis v. Super. Ct.
Date: February 14, 2017
Docket Number: A149006M
Atkins v. City of Los Angeles  
Date: February 14, 2017
Docket Number: B257890

Justia Opinion Summary: Five recruit officers of the LAPD filed suit against the City after the Department terminated or constructively discharged them because they could not obtain the necessary medical clearance to return to the Police Academ...

In re Breanna S.  
Date: February 14, 2017
Docket Number: B275340

Justia Opinion Summary: Mother and presumed father challenged the juvenile court's order under Welfare and Institutions Code section 366.26 terminating their parental rights to Breanna and David, and identifying adoption as the permanent plan f...

People v. Superior Court  
Date: February 14, 2017
Docket Number: B276937

Justia Opinion Summary: This case stems from the arrest of Joshua Corbett in Sandra Bullock's home where he was charged with 26 offenses, including stalking, burglary, and firearm offenses. The People seek a writ of mandate compelling the trial...

Hamilton v. Orange County Sheriff's Dept.  
Date: February 14, 2017
Docket Number: G051773

Justia Opinion Summary: Plaintiff contended the trial court erred by not accepting the parties‘ stipulation to continue a hearing on defendant‘s summary judgment motion and the trial for 60 days. The parties had agreed to these continuances to...

People v. Presley  
Date: February 14, 2017
Docket Number: H041651

Justia Opinion Summary: Presley, certified as a mentally disordered offender (MDO), was placed into an outpatient conditional release program (CONREP) in 2013. He was initially housed at a board and care facility, with weekly drug screening, g...

People v. Dillard  
Date: February 14, 2017
Docket Number: H042086

Justia Opinion Summary: Defendant was arrested following an undercover sting operation. Officers contacted a 16-year-old female offering sexual services through an online advertisement. The minor agreed to meet at a hotel and have sexual rela...

Geraghty v. Shalizi  
Date: February 10, 2017
Docket Number: A144743

Justia Opinion Summary: Shalizi purchased an apartment building and wanted to move into unit four. Geraghty had been renting unit four for 22 years and was paying $938 a month. Shalizi’s attorney sent a letter informing Geragthy that Shaliz...

In re Grace P.  
Date: February 10, 2017
Docket Number: B275689

Justia Opinion Summary: After the juvenile court terminated Father and Mother's parental rights to their children, Grace and Michael, Father argued that the juvenile court erred in finding the beneficial parent-child relationship exception to t...

Mercury Casulaty Co. v. Jones  
Date: February 10, 2017
Docket Numbers: C077116, C078667

Justia Opinion Summary: This appeal stemmed from an application Mercury Casualty Co. (Mercury) filed in 2009 to increase its homeowners’ insurance rates. In denying the increase Mercury requested, the California Insurance Commissioner (the comm...

Jones v. Whisenand  
Date: February 10, 2017
Docket Number: C079496

Justia Opinion Summary: Acting pro se, Clay Jones sued his former attorney, Alan Whisenand, for legal malpractice and civil rights violations allegedly committed in the course of civil commitment proceedings under the Sexually Violent Predator...

California v. Watson  
Date: February 10, 2017
Docket Number: D069324

Justia Opinion Summary: Khary Watson challenged his sentence of life without the possibility of parole (LWOP) for committing felony murder when he was only four months shy of his 18th birthday. Watson's offense occurred after he chased down a w...

Blanchette v. Super. Ct.  
Date: February 10, 2017
Docket Number: D070545

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on the notice and time requirements of the Right to Repair Act (the act), Civil Code section 895 et seq. The Court granted petitioner William Blanch...

In re Miles
Date: February 10, 2017
Docket Number: G046534M
People v. Lowery  
Date: February 10, 2017
Docket Number: H042551

Justia Opinion Summary: In 2009, Giovanetti told police checks had been stolen from her business. Lowery tried to cash one of the checks in the amount of $1,047. The cashier suspected the signature was not genuine and called Giovanetti, who to...

People v. Price  
Date: February 9, 2017
Docket Number: A140775

Justia Opinion Summary: Price, then age 20, Fells, and Brown participated in a robbery during which one of them shot and killed 22-year-old Merrill. The Contra Costa District Attorney entered into plea agreements with Fells and Brown that resu...

Leighton v. Forster  
Date: February 9, 2017
Docket Number: A145601

Justia Opinion Summary: Leighton sued Forster for breach of an attorney fee contract and an account stated, seeking damages in excess of $114,000. In granting Forster summary judgment, the trial court found that an engagement letter Leighton e...

Daniel v. Wayans  
Date: February 9, 2017
Docket Numbers: B261814, B263950

Justia Opinion Summary: Plaintiff filed suit against Marlon Wayans and others, alleging, inter alia, that he was the victim of racial harassment during his day of work as an extra on Wayans's movie. Wayans moved to strike plaintiff's claims as...

California v. Nichols  
Date: February 9, 2017
Docket Number: C069555

Justia Opinion Summary: Defendant Melissa Nichols was charged in an information with the murder of James Payne, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury to Payne and Kandis Maddox, an...

Citizens Odor etc. v. City of San Diego  
Date: February 9, 2017
Docket Number: D068086

Justia Opinion Summary: Citizens for Odor Nuisance Abatement (CONA) appealed the trial court's grant of summary judgment in favor of the City of San Diego and Todd Gloria (in his capacity as former interim mayor of San Diego (collectively, the...

In re M.R.
Date: February 9, 2017
Docket Number: E064621M
P. v. Bush
Date: February 8, 2017
Docket Number: A140589M
California v. Martinez  
Date: February 8, 2017
Docket Number: D068746

Justia Opinion Summary: A jury convicted Jose Martinez of continuous sexual abuse of a child under the age of 14. The court sentenced him to twelve years in prison. The court separately ordered him to pay the victim $150,000 in restitution for...

People v. Cook  
Date: February 8, 2017
Docket Number: F070733

Justia Opinion Summary: Defendant, serving 25 years to life for a commercial burglary, filed a petition under the Three Strikes Reform Act, Penal Code section 1170.126, alleging that commercial burglary was not a serious or violent felony and t...

Medina v. GEICO Indemnity  
Date: February 8, 2017
Docket Number: F072548

Justia Opinion Summary: After Leigh Anne Flores injured plaintiff in an auto accident, plaintiff filed suit against Flores and Pacific Bell, her employer, for damages. Flores was driving a van Pacific Bell had furnished to her, but that she use...

In re: Marriage of Schleich  
Date: February 8, 2017
Docket Number: H039870

Justia Opinion Summary: In 2009 Husband filed a divorce petition. The couple had a house on a ranch in Lemon Cove, purchased by Husband before the marriage. Wife maintained the ranch. Husband, who worked in the Silicon Valley, flew to the ran...

Jacobs v. Locatelli  
Date: February 8, 2017
Docket Number: H042292

Justia Opinion Summary: Jacobs, a licensed California real estate broker, had the “exclusive and irrevocable right” to sell a Marin County parcel for one year. The listing price was $2,200,000; if Jacobs procured a buyer during the listing per...

Vasserman v. Henry Mayo Newhall Memorial Hospital  
Date: February 7, 2017
Docket Number: B267975

Justia Opinion Summary: Plaintiff, a registered nurse, filed suit against the Hospital, alleging violations of the California Labor Code and other statutes relating to meal and rest breaks, unpaid wages, and unpaid overtime compensation. The tr...

N.S. v. Superior Ct.  
Date: February 6, 2017
Docket Number: A148694M

Justia Opinion Summary: N.S. was placed in foster care at age 11. After she turned 18 in 2014, she remained under the jurisdiction of the juvenile court as a nonminor dependent. (Welf. & Inst. Code 11400(v)), having been diagnosed with posttr...

Stella v. Asset Management Consultants  
Date: February 6, 2017
Docket Number: B269207

Justia Opinion Summary: Plaintiff filed suit alleging nine causes of action as to seven limited partnership transactions. The gravamen of the suit was that a private placement memoranda’s description of a real estate commission to be paid by th...

Cuenca v. Cohen  
Date: February 6, 2017
Docket Number: C076814

Justia Opinion Summary: The issues presented by this case concerned the effects of the elimination of a tax increment and dissolution of the Santa Ana Redevelopment Agency on the five stipulated judgments.Petitioners Hilda Cuenca, Claudia Casta...

People v. Frutoz  
Date: February 6, 2017
Docket Number: F069140

Justia Opinion Summary: Defendant was convicted of assault with a deadly weapon (count 1), possession of a firearm by a felon (count 2), and misdemeanor resisting or obstructing a peace officer (count 3). As to count 2, the jury additionally fo...

Western Surety Co. v. La Cumbre Office Partners  
Date: February 2, 2017
Docket Number: B269276

Justia Opinion Summary: Western filed suit against La Cumbre for breach of an indemnity agreement where Mark J. Melchiori signed the agreement on La Cumbre's behalf as a managing member. In actuality, he was the managing member of La Cumbre's m...

People v. Lamb  
Date: February 2, 2017
Docket Number: F069279

Justia Opinion Summary: Defendant was convicted of assault by means of force likely to produce great bodily injury, battery resulting in great bodily injury, and involuntary manslaughter. The jury found true an enhancement alleging defendant pe...

Sanchez v. Kern Emergency Medical Transportation Corp.  
Date: February 2, 2017
Docket Number: F069843

Justia Opinion Summary: Plaintiff was injured during a high school football game and was provided ambulance services by defendant. Plaintiff filed suit alleging that the standby ambulance crew was grossly negligent in not properly assessing his...

People v. Johnson  
Date: February 2, 2017
Docket Number: F071140

Justia Opinion Summary: Defendant pled no contest to a felony grand theft involving property with a value exceeding $950 and admitted having served three prior terms, one of which resulted from his 2010 conviction for three counts of second deg...

Rincon EV Realty, LLC v. CP III Rincon Towers, Inc.  
Date: February 1, 2017
Docket Number: A138463

Justia Opinion Summary: Plaintiffs borrowed $110 million in 2007 from Bear Stearns to finance the purchase of Rincon Towers, a San Francisco apartment complex. In 2010, after plaintiffs failed to repay the loan and after changes in the ownersh...

Ronald F. v. Department of Developmental Services  
Date: February 1, 2017
Docket Number: B267819

Justia Opinion Summary: The trial court denied appellant's petition for writ of administrative mandamus seeking to overturn the denial of his claim for services under the Lanterman Developmental Disabilities Services Act (Lanterman Act), Welf....

In re M.R.  
Date: February 1, 2017
Docket Number: B271027

Justia Opinion Summary: After Mother was arrested for driving under the influence of alcohol with her two children in the car, the Department filed a dependency action seeking juvenile court jurisdiction over the children. Mother and Father app...

Kalnoki v. First American  
Date: February 1, 2017
Docket Numbers: C073207, C075062, C079144

Justia Opinion Summary: Plaintiffs Andrew and Kathi Kalnoki (the Kalnokis) appealed a judgment dismissing their second amended complaint for wrongful foreclosure-related causes of action after the trial court sustained the defendants’ demurrers...

Orange Co. Water Dist. v. Public Employment Relations Bd.  
Date: February 1, 2017
Docket Number: G052725

Justia Opinion Summary: The Public Employment Relations Board (the Board or PERB) concluded the Orange County Water District (the District) committed an unfair practice when it refused to consent to an election petitioned for by the recognized...

Van v. Language Line Services, Inc.  
Date: February 1, 2017
Docket Number: H041459

Justia Opinion Summary: Van sued her employer, Language Line, alleging discrimination because of her Vietnamese background, harassment based on her race, and various wage and labor law violations. Starting in May 2014, Language Line began tryin...

Williamson v. Brooks  
Date: January 31, 2017
Docket Number: B265745

Justia Opinion Summary: The beneficiary of a trust seeks the value of “opportunities lost” resulting from the trustees’ refusal or neglect to distribute trust assets to the beneficiary. William Morgan created an irrevocable subtrust for the ben...

Fulle v. Kanani  
Date: January 31, 2017
Docket Number: B271240

Justia Opinion Summary: Plaintiff filed suit against her neighbor for trespass and negligence after the neighbor hired workers to cut down the limbs and branches of six trees located on plaintiff's property. The trial court trebled plaintiff's...

Hensley v. San Diego Gas & Electric Co.  
Date: January 31, 2017
Docket Number: D070259

Justia Opinion Summary: After the Court of Appeal dismissed the appeal of plaintiffs-appellants William and Linda Hensley from a nonappealable stipulated judgment pursuant to a settlement agreement, the Hensleys and defendant-respondent San Die...

OC Interior Services v. Nationstar Mortgage  
Date: January 31, 2017
Docket Number: D070680

Justia Opinion Summary: Plaintiff OC Interior Services, Inc. (OCI) purchased real property knowing about a recorded default judgment in the chain of title that vacated the lien interest of the predecessor-in-interest to appellants Deutsche Bank...

Montano v. Wet Seal Retail, Inc.  
Date: January 30, 2017
Docket Number: B244107N

Justia Opinion Summary: Plaintiff filed a putative class action against Wet Seal, alleging that the company violated the Labor and Business and Professions Codes, Industrial Welfare Commission Wage Order No. 7, and Title 8 of the California Cod...

People v. Bichara  
Date: January 30, 2017
Docket Number: B270653

Justia Opinion Summary: Defendant appealed his conviction for first degree murder and kidnapping. Defendant initially waived his right to remain silent under Miranda v. Arizona, but then invoked the right prior to confessing to the murder by sa...

People v. Brown  
Date: January 27, 2017
Docket Number: A147671

Justia Opinion Summary: Defendant attempted to fill a forged prescription that was written on a prescription pad stolen from a physician. She was charged, in 2013, with second-degree commercial burglary (Penal Code 459) and attempted possession...

McGinnis v Super. Court  
Date: January 27, 2017
Docket Number: A149006

Justia Opinion Summary: In 1998, petitioner was convicted of two counts of first-degree murder. The court of appeal affirmed and, in 2007, denied a habeas petition. In 2015, petitioner sought post-conviction production of “discovery materials”...

P. v. Garrett
Date: January 27, 2017
Docket Number: C067436M
In re Mallard  
Date: January 27, 2017
Docket Number: D071345

Justia Opinion Summary: Under Proposition 47, Kevin Mallard sought and received a reclassification of his felony conviction of possession of concentrated cannabis. He sought immediate release from county jail on the grounds he was being incarce...

In re Q.R.  
Date: January 27, 2017
Docket Number: H043075

Justia Opinion Summary: Q.R. recorded photographs and video on his cellular phone of consensual sexual activity between himself and Jane Doe, both under 18 years old. He later extorted money from Doe by threatening to disclose the recordings to...

C.M. v. M.C.  
Date: January 26, 2017
Docket Number: B270525

Justia Opinion Summary: M.C., a gestational carrier, challenges the trial court's declaration that Father is the sole legal parent of triplet children and finding that M.C. has no parental rights. M.C. entered into the surrogacy arrangement wit...

Acqua Vista Homeowners Assn. v. MWI, Inc.  
Date: January 26, 2017
Docket Number: D068406

Justia Opinion Summary: Acqua Vista Homeowners Association ("the HOA") sued MWI, Inc. ("MWI"), a supplier of pipe used in the construction of the Acqua Vista condominium development. The operative third amended complaint contained a claim for a...

Hudson v. Super. Ct.  
Date: January 26, 2017
Docket Number: G052324

Justia Opinion Summary: In a felony complaint, the prosecution charged Blake Hudson with three counts of willfully failing to timely file tax returns for three consecutive years with the intent to evade paying a tax. A magistrate presided over...

People v. Forrest  
Date: January 25, 2017
Docket Number: B261130

Justia Opinion Summary: Defendant was sentenced to 50 years to life in prison after he was convicted of first degree murder of his wife. The court concluded that defendant forfeited any claim of prosecutorial misconduct by failing to object; mi...

De La Torre v. California Horse Racing Board  
Date: January 25, 2017
Docket Number: B268289

Justia Opinion Summary: Plaintiff, a quarter horse trainer, appeals the trial court's denial of his petition for a writ of administrative mandamus. Specifically, petitioner challenges a license suspension and fine imposed upon him by the Board...

Central San Joaquin Water v. Stockton East Water Dist.  
Date: January 25, 2017
Docket Number: C072218

Justia Opinion Summary: In a longstanding dispute between Central San Joaquin Water Conservation District (Central), which supplies surface water to agricultural customers, and Stockton East Water District (Stockton East), which operates the co...

Leyva v. Crockett & Co.  
Date: January 25, 2017
Docket Number: D069756

Justia Opinion Summary: In 2013, a golf ball struck Miguel Leyva in the eye while he and his wife, Socorro Leyva, walked along a public path adjacent to the Bonita Golf Club. The Leyvas appealed summary judgment entered in favor of Crockett and...

Simmons v. Super. Ct.  
Date: January 25, 2017
Docket Number: D070734

Justia Opinion Summary: San Diego police officers Carlos Robles and Kyle Williams initiated contact with plaintiff Kenneth Simmons for being in a city park after it closed and for riding a bicycle in the dark without a headlight. Simmons fled....

California v. Sledge  
Date: January 25, 2017
Docket Number: G052780

Justia Opinion Summary: Defendant Derrick Sledge appealed an order denying his petition for resentencing under one of the statutes that was enacted in 2014 as part of the Safe Neighborhoods and Schools Act (Proposition 47). The trial court foun...

In re Carl H.  
Date: January 24, 2017
Docket Number: A147220

Justia Opinion Summary: Mother‘s childhood was marked by abuse and neglect. When she was 13 years old she began an abusive relationship with Carl, a 20-year-old dropout. Their child, Carl Jr., was born when Mother was 14. While still a mino...

In re Yolanda L.  
Date: January 24, 2017
Docket Number: B271130

Justia Opinion Summary: After the juvenile court found by clear and convincing evidence that there was a substantial danger to the children and no reasonable means to protect them other than removal from father's custody, the juvenile court ord...

Gillies v. JPMorgan Chase Bank, N.A.  
Date: January 24, 2017
Docket Number: B272427

Justia Opinion Summary: Plaintiff filed a series of lawsuits challenging Chase's efforts to foreclose upon his real property. In this appeal, plaintiff challenges a judgment of dismissal entered after the trial court sustained the demurrer of C...

In re J.G.  
Date: January 24, 2017
Docket Number: C077056

Justia Opinion Summary: In lieu of adjudging minor J.G. a ward of the court based on his commission of trespass and felony vandalism, the juvenile court granted minor deferred entry of judgment and placed him on probation with terms and conditi...

California v. Garcia  
Date: January 24, 2017
Docket Number: E059452B

Justia Opinion Summary: Defendant Andrew Garcia was sentenced to 35 years to life after a jury convicted him as an adult of attempted murder and other charges for robbing and shooting a woman in the face when he was 15 years old. In this appeal...

Hudson v. Super. Ct.  
Date: January 24, 2017
Docket Number: E065645

Justia Opinion Summary: In 2009, petitioner Sandra Hudson, acting as secretary of the board of directors for the Palo Verde Healthcare District (PVHD), voted to approve two contracts between PVHD and Hussain Sahlolbei, M.D. One pertained to “Su...

Merced Irrigation District v. Superior Court  
Date: January 24, 2017
Docket Number: F072704

Justia Opinion Summary: MID, an irrigation district, petitioned for a writ of mandate, challenging the trial court's conclusion that MID was not a "municipal corporation" for purposes of Public Utilities Code section 10251. The court concluded...

San Jose Unified School District v. Santa Clara County Office of Education  
Date: January 24, 2017
Docket Number: H041088

Justia Opinion Summary: Government Code section 53094(b) authorizes “the governing board of a school district” to “render a city or county zoning ordinance inapplicable to a proposed use of property by the school district,” under certain circum...

California v. Garrett  
Date: January 20, 2017
Docket Number: C067436A

Justia Opinion Summary: This appeal arose out of Victor Garrett and Erion Varnado’s participation in armed robberies and an attempted armed robbery in November 2008. Both Garrett and Varnado were 17 years old when the offenses were committed, b...

In re M.R.  
Date: January 20, 2017
Docket Number: E064621

Justia Opinion Summary: In July 2015, plaintiff-respondent San Bernardino County Children and Family Services (CFS) was contacted by the maternal grandmother of five children whose mother, defendant-appellant M.G. (mother), had “left the childr...

In re Joshua R.
Date: January 20, 2017
Docket Number: G052965A
People v. Jones  
Date: January 19, 2017
Docket Number: B263800

Justia Opinion Summary: Defendant, sixteen-years-old at the time of the crimes, was convicted of one count of second degree murder and two counts of attempted willful, premeditated, and deliberate murder. The court concluded that defendant's Ba...

California v. Super. Ct.  
Date: January 19, 2017
Docket Number: E067296

Justia Opinion Summary: In early 2016, petitioner (the State) initiated a prosecution against real party in interest, a minor who was detained at juvenile hall, by directly filing a criminal complaint against him in adult court. Preliminary hea...

In re Miles  
Date: January 19, 2017
Docket Number: G046534

Justia Opinion Summary: Guy Miles served 19 years of his 75 years to life sentence in state prison. A jury convicted him of armed robbery . For all of those years, Miles has claimed that he was wrongfully convicted. The Court of Appeals conclud...

In re Joshua R.  
Date: January 19, 2017
Docket Number: G052965

Justia Opinion Summary: The juvenile court dismissed Joshua R.’s juvenile adjudication after he successfully completed probation. The court declined to seal his record, however, because of an ongoing probation condition stating he was not permi...

Chen v. L.A. Truck Centers  
Date: January 18, 2017
Docket Number: B265304

Justia Opinion Summary: After a bus rollover accident in Arizona caused injuries and deaths, plaintiffs filed suit seeking to recover in strict liability. Plaintiffs, Chinese nationals, are the passengers who were injured, and the survivors of...

Pizarro v. Reynoso  
Date: January 18, 2017
Docket Number: C077594

Justia Opinion Summary: A "squabble" erupted between family members over the property of the deceased patriarch. The patriarch-settlor appointed defendant Melissa Reynoso (a granddaughter of the settlor) as trustee. In this proceeding, the tria...

Stueve v. Buchalter Nemer  
Date: January 18, 2017
Docket Number: G052779

Justia Opinion Summary: On September 24, 2010, plaintiffs filed a civil complaint. Plaintiffs were the "heirs" to the Alta Dena Dairy fortune built by the Stueve family. Defendants were several attorneys and law firms. The causes of action gene...

N.S. v. Superior Court  
Date: January 17, 2017
Docket Number: A148694

Justia Opinion Summary: N.S. was placed in foster care when she was 11 years old. After she turned 18 in 2014, she remained under the jurisdiction of the juvenile court as a nonminor dependent. (Welf. & Inst. Code, 11400(v).) N.S. had been d...

People v. Williams  
Date: January 17, 2017
Docket Number: B259659

Justia Opinion Summary: Defendants Jarrod, Alphonso, James, and Jonathan appeal their convictions for multiple counts of kidnapping to commit another crime, second degree robbery, kidnapping, and felony false imprisonment, in connection with a...

California v. Bradley  
Date: January 17, 2017
Docket Number: C075294

Justia Opinion Summary: When arrested by law enforcement, defendant and admitted felon Sherone Bradley possessed a firearm he admitted possessing before and during the charged offense. Defendant was ultimately convicted of being a felon in poss...

Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control App. Bd.  
Date: January 17, 2017
Docket Number: C078574

Justia Opinion Summary: The Department of Alcoholic Beverage Control (Department) issued a 15-day suspension of an off-sale general license held by the Garfield Beach CVS LLC Longs Drug Stores California LLC, doing business as CVS Pharmacy Stor...

California v. Goodrich  
Date: January 17, 2017
Docket Number: D069515

Justia Opinion Summary: In 2015, Appellant Mic Goodrich filed a motion seeking reclassification of his underlying 2007 felony theft offense under Proposition 47. The court granted the motion, which was unopposed. At the time Goodrich petitioned...

P. v. Pinon
Date: January 17, 2017
Docket Number: G051212N
People v. Ochoa  
Date: January 13, 2017
Docket Number: A137763A

Justia Opinion Summary: Defendant, approached by police after he was identified as the perpetrator of a robbery, threatened and resisted officers, making reference to his gang affiliation. At trial, the prosecution‘s gang expert testified regar...

In re E.G.
Date: January 13, 2017
Docket Number: A146287M
People v. Bastidas  
Date: January 13, 2017
Docket Number: A146431

Justia Opinion Summary: Defendant was charged with possession of cocaine base for sale (Health & Saf. Code, 11351.5) and possession of heroin for sale (section 11351). In 2013,he entered a plea of no contest to possession of a controlled subst...

Bareno v. San Diego Community College Dist.  
Date: January 13, 2017
Docket Number: D069381

Justia Opinion Summary: Plaintiff Leticia Bareno appealed a judgment entered in favor of defendants San Diego Miramar College (the College), San Diego Community College District, and San Diego Community College District Administrative Facilitie...

In re M.F.  
Date: January 12, 2017
Docket Number: D068971

Justia Opinion Summary: In May 2015, police detained defendant M.F. at his high school after he gave one of his teachers a letter stating that she "should be worried about getting shot." When detained, he was wearing an empty holster. The polic...

Espinoza v. Shiomoto  
Date: January 12, 2017
Docket Number: E064252

Justia Opinion Summary: Bernice Espinoza appealed when her petition for writ of administrative mandate challenging the one-year suspension of her driver’s license by the Department of Motor Vehicles (Department) was denied. After review, the Co...

Swart Enterprises v. Franchise Tax Bd.  
Date: January 12, 2017
Docket Number: F070922

Justia Opinion Summary: Swart is a small family-owned corporation, incorporated in Iowa, with its place of business and headquarters in Iowa. At issue is whether the franchise tax applies to Swart, whose sole connection with California is a 0.2...

People v. Bush  
Date: January 11, 2017
Docket Number: A140589

Justia Opinion Summary: During a traffic stop for speeding and driving without a front license plate, the officer recognized the smell of marijuana in the car and saw marijuana particles. During a search, the officer found about $47,000, determ...

Healthsmart Pacific v. Kabateck
Date: January 11, 2017
Docket Number: B264300M
Anna M. v. Jeffrey E.  
Date: January 11, 2017
Docket Number: B267004

Justia Opinion Summary: Jeffrey E. and Anna M., parents of A.E., share equal custody of the child. After Anna sought a child support award, evidence established that Davis F., Anna's friend and A.E.'s godfather, financially supports Anna and pa...

Gonzales v. City of Atwater
Date: January 11, 2017
Docket Number: F070832M
Healthsmart Pacific v. Kabateck  
Date: January 10, 2017
Docket Number: B264300

Justia Opinion Summary: Plaintiffs filed suit against defendants, lawyers and their law firms, alleging defamation and other causes of action. The action arose from statements two lawyers made on television and radio programs about a pending la...

California ex rel. v. Superior Court (South Lake Tahoe etc.)  
Date: January 10, 2017
Docket Number: C081603

Justia Opinion Summary: The District Attorney of El Dorado County convened a criminal grand jury and issued subpoenas to witnesses in connection with a peace officer's 2015 fatal shooting of a suspect, deliberately waiting until 2016 in order t...

In re Cook  
Date: January 10, 2017
Docket Number: G050907

Justia Opinion Summary: In 2009, petitioner Anthony Cook, Jr. was convicted for two counts of murder and one count of attempted murder, for which he received a sentence of 125 years to life. Petitioner was 17 years old at the time of the crimes...

People v. Epperson  
Date: January 9, 2017
Docket Number: A145868

Justia Opinion Summary: Epperson and two codefendants armed themselves with guns and forcibly entered the Eustice home, where they threatened, robbed and attempted to rob Eustice and her guests. Police arrived while the robbery was ongoing bec...

Mathews v. Harris  
Date: January 9, 2017
Docket Number: B265990

Justia Opinion Summary: Plaintiffs, mandated reporters, filed suit alleging that the Child Abuse and Neglect Reporting Act (CANRA), Pen. Code, 11164 et seq., violates their patients' constitutional right to privacy. CANRA requires certain indiv...

California v. Gonzalez  
Date: January 9, 2017
Docket Number: G052436

Justia Opinion Summary: Oswaldo Gonzalez appealed a postjudgment order granting a petition under Penal Code sections 1203.2 (b), and 3455(a), to revoke his postrelease community supervision (PRCS). The trial court found that Gonzalez, who was h...

Bigler-Engler v. Breg, Inc.  
Date: January 6, 2017
Docket Number: D063556A

Justia Opinion Summary: This matter arose from Whitney Engler's use of a medical device, the "Polar Care 500," manufactured by Breg, Inc. (Breg) and prescribed by David Chao, M.D. Engler suffered injuries as a result of her use of the Polar Car...

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