California Courts of Appeal Decisions 2018

Justia Opinion Summary: Defendant and appellant, Reyna Killion, filed a motion to reduce her conviction for felony assault with a deadly weapon to a misdemeanor and for termination of her probation. The court granted defendant’s request to…

Justia Opinion Summary: Smythe, a driver for both Uber and Lyft, claimed that Uber directed its drivers and others to use fake Lyft accounts to request rides, sending Lyft drivers on “wild goose chases.” He asserted claims for unfair business…

Justia Opinion Summary: Plaintiff Adrian Camacho appealed after the trial court granted summary judgment in favor of defendant Target Corporation (Target) on Camacho's causes of action for discrimination based on sexual orientation, harassment…

Justia Opinion Summary: Minor, age 15, fell asleep in class, admitted he smoked marijuana the night before, and acquiesced to being searched, volunteering that he had a knife. The assistant principal found a folding pocket knife with a…

Justia Opinion Summary: Penal Code sections 3051 and 1170.1(c) are irreconcilable as they apply to a youth offender who commits an additional crime in prison after the age of 26, because section 3051, which specifically addresses youth…

Justia Opinion Summary: James Zenovic, doing business as James Zenovic Construction (Zenovic), appealed an order denying his petition to compel arbitration in an action filed by Von Becelaere Ventures, LLC (VBV). The trial court determined…

Justia Opinion Summary: In 1989, the predecessor to the Office of Environmental Health Hazard Assessment (OEHHA), the agency charged with implementing California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf.…

Justia Opinion Summary: This lawsuit alleged a Trinity County deputy sheriff phoned citizens James and Norma Gund (who did not work for the County) and asked them to go check on a neighbor who had called 911 for help likely related to inclement…

Justia Opinion Summary: Wife Rachelle Spector filed a request for a temporary order for spousal support and professional fees. The parties filed their respective briefs with supporting declarations and evidence in advance of a February 17,…

Justia Opinion Summary: Tan sued Summers and Gomez to resolve a dispute about investment real estate they jointly own in San Francisco, concerning the amount of each party’s ownership interest and corresponding right to receive income and…

Justia Opinion Summary: The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters does not permit Chinese citizens to be served by mail, nor does it allow parties to set their own terms of…

Justia Opinion Summary: State law causes of action seeking to recover unpaid benefits under a welfare benefit plan regulated under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., are generally conflict…

Justia Opinion Summary: On the evening of January 12, 2017, Deputy Slawson was on duty at the Barstow Sheriff’s Department. At about 7:30 p.m., she was asked by a fellow deputy to watch a juvenile he had detained (minor R.W.) during a stolen…

Justia Opinion Summary: Lee pled no contest to multiple felony counts stemming from his sexual exploitation of a minor over a period of many years. There was a charge he engaged in continuous sexual abuse of a child in violation of Penal Code…

Justia Opinion Summary: Buyer contracted in 2004 to purchase Sellers’ Francisco gas station, to build a condominium project. Buyer had to obtain the necessary “Entitlements” for development. It took eight years to secure the conditional use…

Justia Opinion Summary: After a traffic stop, Sergeant Simmont searched defendant and his car. He found a cellophane wrapper containing 10 pills in defendant’s coin pocket, and five personal checks in his back pocket. Officers also found…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendant's motion to reduce a felony conspiracy conviction to a misdemeanor under Penal Code section 17, subdivision (b)(3) or Health and Safety Code section…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of a good faith purchaser at a lien sale that had acquired the contents of a storage unit free and clear of plaintiff's claim that the sale violated the…

Justia Opinion Summary: Petitioners were companies or wholly-owned subsidiaries involved in the manufacture, distribution or sale of pharmaceuticals or generic prescription drugs, including the prescription drug Niaspan. In October 2016, the…

Justia Opinion Summary: Rosa Jensen and Linda Kerr sued their former employer, The Home Depot, Inc., (Home Depot), and their former managers at Home Depot for disability discrimination, wrongful termination, and eight other related claims. Home…

Justia Opinion Summary: San Jose Police Officer Prim noticed defendant riding a bike “the wrong way into traffic,” while drinking from an open Budweiser beer can. Prim stopped defendant and took the can, smelled it, and looked inside. He…

Justia Opinion Summary: Shields accepted a request to become a Facebook friend with a fictional 17-year-old prostitute created by a Solano County detective. That relationship led to his arrest and convictions for human trafficking of a minor…

Justia Opinion Summary: After defendant filed a wrongful foreclosure action against the trustee of a foreclosure sale (Placer) and the third-party buyer, Pro Value, Placer filed a complaint in interpleader and deposited the surplus proceeds…

Justia Opinion Summary: Former or current non-exempt employees of Wells Fargo filed suit alleging that their wage statements failed to include information required under Labor Code section 226. The Court of Appeal affirmed the trial court's…

Justia Opinion Summary: The Court of Appeal held that substantial evidence supported the trial court's determination that wife had not intentionally misrepresented her intention to be bound by the mahr agreement in order to induce husband to…

Justia Opinion Summary: A jury found defendant Richard Brunton guilty of assault with a deadly weapon and assault by means of force likely to produce great bodily injury, and found true the allegation that he personally used a deadly weapon in…

Justia Opinion Summary: Gerawan challenged the Board's findings of unfair labor practices, and the remedy imposed of setting aside an election to decide whether to decertify an incumbent union. The Court of Appeal held that the Board erred in…

Justia Opinion Summary: Father was accused of molesting his 13-year-old stepdaughter and grooming his eight-year-old daughter, Daniela, for sexual abuse. He challenged an order finding dependency jurisdiction over Daniela, awarding sole custody…

Justia Opinion Summary: The Court of Appeal affirmed the district court's dismissal of a putative class action against Williams-Sonoma, alleging that the company failed to pay prospective class members reporting-time pay. The plaintiff in this…

Justia Opinion Summary: The California Court of Appeal consolidated cases to address a novel question regarding jurisdiction under the unique and complex cooperative federalism scheme of the federal Clean Air Act (42 U.S.C. 7401 et seq.) (Act).…

Justia Opinion Summary: California’s Public Employees’ Retirement System (CalPERS), as opposed to the board that administers the system, filed a complaint seeking declaratory relief regarding the proper interpretation of the effect of…

Justia Opinion Summary: Plaintiff Stephen Bushansky filed a shareholder derivative action on behalf of nominal defendant NantKwest, Inc. Based on a forum selection provision contained in NantKwest's certificate of incorporation, Delaware was…

Justia Opinion Summary: CBL Data Recovery Technologies, Inc. (CBL) appealed an order denying its motion to set aside a default judgment entered in favor of Airs Aromatics, LLC (Airs). Airs sued CBL for breach of contract in 2011. The operative…

Justia Opinion Summary: The trust instrument at issue in this appeal purported to allow the former trustee to withhold from a successor trustee all of his or her communications with legal counsel. Consistent with statute and case law, the Court…

Justia Opinion Summary: Brooks was charged with first-degree residential burglary; the court granted a motion in limine to admit evidence of Brooks’s prior uncharged burglaries, Evid. Code, 1101(b). After his conviction, the court sentenced…

Justia Opinion Summary: Simms entered Vega’s tire store and asked for a used tire. Vega heard the cash drawer close as he walked away and returned to find Simms with his hand near the drawer. Simms denied stealing money and walked to his car.…

Justia Opinion Summary: Under Proposition 47, the Safe Neighborhood and Schools Act, a petitioner has the initial burden of showing the value of the stolen property did not exceed $950. The Court of Appeal reversed the trial court's denial of a…

Justia Opinion Summary: Plaintiffs Yvonne Reid and Serena Wong sued defendants the City of San Diego (City) and the San Diego Tourism Marketing District (TMD) in a putative class action complaint, challenging what they allege is "an illegal…

Justia Opinion Summary: An officer observed defendant cross a street with no regard for traffic and then drink from a bottle of whiskey. Defendant smelled strongly of alcohol and had slurred speech. He was arrested for misdemeanor public…

Justia Opinion Summary: In 1987, Miller was convicted of transportation or sale of marijuana, a felony. He was placed on probation for two years plus 60 days in county jail. In 2008, he obtained relief under section 1203.4: dismissal of the…

Justia Opinion Summary: Santa Rosa decided to turn a 69-bed defunct hospital into the "Dream Center" to house 63 people, ages 18-24, and provide individual and family counseling, education and job training, a health and wellness center serving…

Justia Opinion Summary: A landlord can not be held liable to a commercial tenant for damage to the tenant's property resulting from an alleged sewer backup when the tenant (who had a month-to-month tenancy in the premises after her lease…

Justia Opinion Summary: Pursuant to Labor Code section 203, subd. (a), 1194, subd. (a), an employer that does not pay its employees the wage required by law when they quit or are fired is liable for both the underpayment of wages and, if the…

Justia Opinion Summary: D.C. Randall, Jr., the dismissal of his operative second amended complaint against Ditech Financial, LLC (Ditech) after the trial court sustained Ditech's demurrer to the complaint without leave to amend. Randall…

Justia Opinion Summary: Israel Soto appealed an order denying his petition to reduce his felony conviction for theft from an elder to a misdemeanor. He sought relief under section 1170.18, the Safe Neighborhoods and Schools Act, which was…

Justia Opinion Summary: The juvenile court found minor E.P. committed second degree burglary from the Anaheim ICE public ice hockey facility in 2015. E.P. was also charged with possession of graffiti tools (court 2), receiving stolen property…

Justia Opinion Summary: Petitioner Albert Ruedas was charged with various gang-related crimes and enhancements, including the special circumstances allegation he committed murder to further the activities of a criminal street gang. To prove the…

Justia Opinion Summary: The sexual abuse of Jane occurred for two years ending in 1994 when she was 13. At the time of the offenses, the statute of limitations was six years. An extension allowed the filing of a criminal complaint within one…

Justia Opinion Summary: Western Dental accepts dental assistant student externs. Externs who want to be considered for full-time employment must submit a written application, undergo a background check, and be interviewed. Western posted job…

Justia Opinion Summary: After Peter Balov was arrested for suspected drunk driving, the arresting officer advised Balov "that per California law he was required to submit to a chemical test, either a breath or a blood test." Balov did not…

Justia Opinion Summary: Petitioner, J.N., 17 years old at the time of the alleged offenses, was charged with murder. The evidence presented at the hearing in juvenile court established he did not kill anyone. The murder was committed while J.N.…

Justia Opinion Summary: Huff worked for Securitas, which hires employees to work as security guards, and contracts with clients to provide guards for a particular location. Securitas typically provides long-term placements. After Huff resigned,…

Justia Opinion Summary: Lujan had a Chase credit card account, governed by an agreement with a provision stating “federal law and the law of Delaware” govern the agreement and a provision for attorney’s fees. When Lujan’s account had an unpaid…

Justia Opinion Summary: After defendant Coastal Pacific Food Distributors, Inc. (Coastal Pacific) terminated plaintiff Terri Raines from her employment there, she sued Coastal Pacific for age and disability discrimination and other related…

Justia Opinion Summary: In 2011, Williams was charged with felony receiving a stolen vehicle, Penal Code 496d(a), with allegations that Williams had served five prison sentences, one of which was a serious or violent felony. Williams pleaded no…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of summary judgment in an action alleging that plaintiff was sodomized by his roommate while a patient in the adolescent psychiatric unit of the Hospital. The panel…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order directing husband to pay wife child support for their three children. The court held that the trial court properly followed the case of Asfaw v. Wolberhan, 147…

Justia Opinion Summary: A jury found Kerley guilty of second-degree murder in connection with the death of his former girlfriend. The court sentenced Kerley to 15 years to life in state prison. The court of appeal affirmed, rejecting arguments…

Justia Opinion Summary: Meza, with his girlfriend as a passenger was driving at least 90 mph. As he applied the brakes, he lost control. The car catapulted across the median and oncoming traffic and fell down an embankment. A California Highway…

Justia Opinion Summary: Hall was charged with first-degree murder; the information alleged that Hall personally used a knife in the commission of the crime, that he had prior serious felony convictions, and that he was subject to the three…

Justia Opinion Summary: Plaintiff and cross-defendant Duncan Prince obtained a judgment of $647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc. (Invensure). Invensure took nothing on its cross-complaint against…

Justia Opinion Summary: Nicandro Galaviz was committed to a state mental health institution for a term of 60 years to life after he was found not guilty by reason of insanity of possession of methamphetamine and assault with a deadly weapon. In…

Justia Opinion Summary: The Court of Appeal reversed the judgment of the trial court denying a petition to vacate an arbitration award in a dispute involving Benaroya Pictures and Westside Corporation and Bruce Willis. Michael Benaroya…

Justia Opinion Summary: Linda Marshall appealed a trial court’s judgment on reserved issues following the dissolution of her marriage to Bryan Marshall. Linda challenged two specific aspects of the family court’s division of marital property:…

Justia Opinion Summary: The failure to advise the arrestee of his statutory right to choose between a breath and blood test does not run afoul of any constitutional restraint. The Vehicle Code provides that, if a person is lawfully arrested for…

Justia Opinion Summary: Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt) appealed the denial of their special motion to strike (also known as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).…

Justia Opinion Summary: Reilly and two daughters moved into a Novato apartment in 1998. They received Section 8 housing assistance payments. In 2004 one daughter moved out, but Reilly failed to inform the Marin Housing Authority (MHA) of her…

Justia Opinion Summary: The term "invasion of the right of private occupancy" is ambiguous and may include non-physical invasions of rights in real property. The Court of Appeal reversed the trial court's grant of summary judgment for the…

Justia Opinion Summary: A defendant seeking to suppress evidence under Penal Code section 1538.5, although not required to state the basis for his or her challenge to a warrantless search or seizure, must identify the government conduct being…

Justia Opinion Summary: Defendant Michael Williams stabbed his wife, victim Tanganyika Hoover Williams, twice in the neck, and she bled to death. The trial court permitted the State to introduce evidence at trial of defendant’s then 23-year-old…

Justia Opinion Summary: Ident-A-Drug, an internet drug reference work, comes within the published compilation exception to the hearsay rule set forth in Evidence Code section 1340. The Court of Appeal affirmed defendant's conviction of…

Justia Opinion Summary: Plaintiff Jorge Fierro filed a class action suit against defendant Landry's Restaurant Inc., seeking remedies for what Fierro alleged to be Landry's' violations of specified California labor laws and wage orders.…

Justia Opinion Summary: Plaintiff Carl Taswell, M.D., who is certified in nuclear medicine, filed a complaint against the Regents of the University of California (the Regents). Taswell alleged he was retaliated against for his whistleblowing…

Justia Opinion Summary: This case raised issues concerning the legal obligations imposed on health care providers when a patient's health care directives conflict with the providers' opinions that the requested care would be medically…

Justia Opinion Summary: Petitioner Alysia Webb filed a verified petition for mandamus relief with the superior court, alleging the City of Riverside (Riverside) violated Propositions 26 and 218 when it began transferring additional revenue from…

Justia Opinion Summary: Defendant followed Jane, age 19, home, and attacked, sexually assaulted, and robbed her. He was convicted of second-degree robbery causing great bodily injury (Pen. Code 211, 12022.7(a)), five counts of digital…

Justia Opinion Summary: Government Code 1090, which prohibits conflicts of interest in the making of public contracts, applies to independent contractors. The Court of Appeal reversed the trial court's judgment for an LLC in an action alleging…

Justia Opinion Summary: The issue this case presented for the Court of Appeals’ review centered on the trial court’s partial denial of a special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,…

Justia Opinion Summary: Appellant Han Jing Huang filed requests for civil harassment restraining orders against thirty-one defendants who were prominent entertainment personalities, business leaders, poloticians and religious leaders. Finding…

Justia Opinion Summary: Guzman, charged with arranging a meeting with a minor for the purpose of committing a sexual offense and attempting to commit a lewd act with a minor under the age of 14, based on evidence from an undercover “sting”…

Justia Opinion Summary: The Contractors’ State License Board sought a writ of mandate and a stay to prevent the “apex deposition” of Forg, the Board’s Registrar of Contractors, a position which makes him the Board’s secretary and chief…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment of dismissal based on the sustaining of a demurrer to plaintiffs' class action complaint under the California Safe Drinking Water and Toxic Enforcement Act of 1986,…

Justia Opinion Summary: A successor trustee filed suit against defendants, alleging claims arising from an allegedly void assignment of a deed of trust on certain real property and a failed short sale agreement. The Court of Appeal held that…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for two counts of first degree murder. The court rejected defendant's argument that the verdict for one of the murders was unintelligible because the jury submitted two…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying defendant's motion to vacate his 1989 conviction of possession for sale of a controlled substance. The court held that defendant made a sufficient showing that…

Justia Opinion Summary: R.W. appeals a judgment of dissolution of his marriage with his former husband, respondent, G.C. In the published portion of its opinion, the Court of Appeal addressed two of many claims R.W. raised. In particular, R.W.…

Justia Opinion Summary: Defendants’ anti-SLAPP motion had sought to strike the first three causes of action of the third amended complaint in their entirety and, alternatively, to strike a number of specific allegations. Morris Cerullo World…

Justia Opinion Summary: An insured plaintiff who has chosen to be treated with doctors and medical facility providers outside his insurance plan shall be considered uninsured, as opposed to insured, for the purpose of determining economic…

Justia Opinion Summary: Plaintiffs filed a successful wage and hour class action against defendant over the use of an Alternative Workweek Schedule (AWS). After the trial court held that the AWS was improperly adopted, plaintiffs obtained…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a petition for writ of mandate in an action challenging the Department's citation of Lamar for violating County zoning ordinances. After a billboard owned by Lamar…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order reducing defendant's felony convictions for identity theft under Penal Code section 530.5, subdivision (a) to misdemeanor shoplifting under section 459.5, subdivision…

Justia Opinion Summary: Defendant was convicted of second degree murder, kidnapping, and evading an officer causing injury. Defendant had committed three prior convictions and was sentenced to an aggregate state prison term of 30 years eight…

Justia Opinion Summary: In 2005, plaintiffs Randy and Linda Tindell bought a single family manufactured home from defendant Linda Murphy for $320,000. Defendant Christine Bradley provided the appraisal. In 2009 the Tindells were unable to…

Justia Opinion Summary: Arnaudo Brothers challenged the Board's award of make whole-relief based on the determination that the company's litigation of a disclaimer issue did not further the policies and purpose of the Agriculture Labor…

Justia Opinion Summary: If a party is successful and has conferred a significant benefit by prevailing at trial and obtaining a judgment that a construction project violates the zoning laws in existence at the time, as in this case, that party…

Justia Opinion Summary: After a loaded gun was found in an unlocked closet in a bedroom where two-year-old D.L. slept, the juvenile court determined that the parents' indifference to the risks posed by leaving a loaded gun in the child’s reach…

Justia Opinion Summary: After defendant Brady Dee Douglas’s former boyfriend, a male prostitute, told him victim Jeffrey B. had shorted him money following a prearranged sexual encounter, defendant and codefendant Clifton Sharpe tracked down…

Justia Opinion Summary: Nielsen Contracting, Inc. and T&M Framing, Inc. (collectively Nielsen) sued several entities (defendants) alleging these entities fraudulently provided workers' compensation policies to Nielsen that were illegal and…

Justia Opinion Summary: Plaintiff filed a petition for a writ of administrative mandamus requesting the superior court to set aside the Commission's decision denying the administrative appeal of his dismissal from employment as a supervising…

Justia Opinion Summary: Plaintiff-homeowners alleged the copper piping in their homes was damaged by a chemical the defendant water districts added to tap water. Adding the chemical was authorized by regulation, however, and it was undisputed…

Justia Opinion Summary: Plaintiff Marisa Hernandez worked for defendant Rancho Santiago Community College District on and off for a number of years without any complaints about her performance. In 2013, she was hired as an administrative…

Justia Opinion Summary: The juvenile court placed Juan on informal probation (Welfare and Institutions Code 654.2) for misdemeanor petty theft and throwing rocks at a vehicle. Weeks later, a second wardship petition alleged Juan committed…

Justia Opinion Summary: Code of Civil Procedure section 366.2 limits the time to bring a cause of action, not the time to enforce a judgment. After the judgment debtor died, plaintiff purchased one judgment lien at the execution sale of the…

Justia Opinion Summary: Defendant appealed his conviction and sentence for charges related to his attempted murder of another individual. In the published portion of the opinion, the Court of Appeal remanded for the trial court to hold a new…

Justia Opinion Summary: The trial court lacked authority to run a period of confinement for a postrelease community supervision (PRCS) violation consecutively to a sentence in another criminal case. In this case, defendant appealed the trial…

Justia Opinion Summary: Aaron had an extremely abusive and traumatic childhood. In 2010 the San Francisco County District Attorney filed an original juvenile wardship petition under Welfare and Institutions Code section 602 alleging that Aaron,…

Justia Opinion Summary: Defendant Charles Brady stabbed a former customer following a “street side jewelry transaction gone awry.” Based on that incident, defendant was convicted of assault with a deadly weapon inflicting great bodily injury.…

Justia Opinion Summary: An interest in land that is functionally equivalent to ownership may be acquired by adverse possession, but not as a prescriptive easement. This appeal concerned a dispute between Erik Hansen and his relatives and…

Justia Opinion Summary: Flint was sentenced to prison after pleading guilty to three counts of committing lewd and lascivious acts on children under the age of 14. Flint was paroled, but pleaded guilty the following year, again under Penal Code…

Justia Opinion Summary: After an argument, the victim Christopher Sisoukchaleun, took off his shirt to fight defendant Antoine Blessett. Instead, defendant followed Sisoukchaleun into the street and shot him between the eyes at nearly…

Justia Opinion Summary: Joseph Bocklett appealed a jury verdict adjudicating him a sexually violent predator (SVP) under the Sexually Violent Predators Act (the Act). On appeal, he challenged the constitutionality of Penal Code section 3000…

Justia Opinion Summary: Plaintiff Rae Weiler sought a declaration that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., had to either: (1) pay plaintiff’s share of the costs in the previously ordered arbitration; or…

Justia Opinion Summary: Magana was charged with two counts of rape. His trial counsel, Everett, sought a fifth continuance but failed to appear for the motion hearing. Everett then exercised a peremptory challenge against the assigned judge,…

Justia Opinion Summary: In this case, a trustee sold at foreclosure property once owned by a convicted fraudster and there were surplus proceeds. The trial court concluded that the lis pendens was inadequate to give the County any interest in…

Justia Opinion Summary: Emerita Cruz Joya appealed a probate court order approving the final accounting and settling the estate of Norman Casserley (Decedent). Joya had filed a creditor's claim against Decedent's estate based on a criminal…

Justia Opinion Summary: A Fairfield police officer, responding to a report of cemetery vandalism, saw Espinoza, “covered in mud and grass,” in the damaged area. A bystander identified Espinoza as having caused the damage. Espinoza was charged…

Justia Opinion Summary: After Jerald Glaviano interceded in a confrontation between two of his students, the Sacramento City Unified School District (the District) placed him on unpaid leave and issued an accusation and a notice of intent to…

Justia Opinion Summary: Plaintiff-appellant Sadie Curry brought a class action case against defendant and respondent Equilon Enterprises, LLC, doing business as Shell Oil Products US (Shell). Curry’s causes of action included: (1) failure to…

Justia Opinion Summary: The Santa Clara County District Attorney filed a Welfare and Institutions Code section 602(a) petition, alleging that the minor committed felony first-degree burglary of an occupied residence, felony attempted theft or…

Justia Opinion Summary: The San Lorenzo Valley Water District acquired real property in Boulder Creek, California from the Dildines. Holloway, a taxpayer within District, filed suit claiming the contract was void under Government Code section…

Justia Opinion Summary: The Court of Appeal vacated an arbitration award in favor of a client against a law firm because the award was procured by "undue means" as that term was used in Code of Civil Procedure section 1286.2. As an initial…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of summary judgment in an action seeking to recover funds that plaintiff claimed had been taken by her then-investment advisor. Plaintiff alleged that the funds came…

Justia Opinion Summary: In California v. Woods, 19 Cal.App.5th 1080 (2018), the Court of Appeal held that Senate Bill No. 620 (and the associated amendment to Penal Code Section 12022.53, effective January 1, 2018) applied retroactively to…

Justia Opinion Summary: Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued Lauren Kim, Yi’s fiancee, who moved for and was granted a nonsuit…

Justia Opinion Summary: After having an affair, David petitioned to dissolve his 15-year marriage to Joannie. Joannie resisted and the parties attempted reconciliation, in connection with which the trial court would later conclude David gave…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial in part of cross-defendants' anti-SLAPP motion that sought to strike certain allegations in a cross-complaint filed by Joel D. Kettler, alleging defamation and other…

Justia Opinion Summary: R.M., a “mouthy 17-year-old high school student with an abysmal school attendance record,” refused to get out of bed. Her mother called the school’s diversion officer, who had worked with R.M. previously. Officers drove…

Justia Opinion Summary: The Court of Appeal reversed the trial court's entry of judgment for Gursey in an action alleging that plaintiffs had been damaged because they could not collect the additional money they would have been entitled to had…

Justia Opinion Summary: Laine Hedwall filed a cross-complaint in the underlying action against CLP, Arcis, and PCMV, alleging claims for breach of contract, fraud, declaratory relief, and related causes of action. The trial court sustained…

Justia Opinion Summary: Appellants challenged the trial court's order and judgment dismissing appellants' petition for writ of mandate and complaint. At issue was whether Proposition 65's reliance on the International Agency for Research on…

Justia Opinion Summary: Investco and its promoters sold LLC memberships to the public. The Department of Business Oversight (DBO) believed those interests constituted “securities” but were sold without Department of Corporations qualification.…

Justia Opinion Summary: Upshaw, charged Upshaw with special circumstance murder, was arrested and booked into custody at Santa Rita Jail, then the only Alameda County detention facility for female inmates. Upshaw and her co-defendant, Burks,…

Justia Opinion Summary: The Court of Appeal affirmed the denial of the County's petition for writ of mandate, challenging the suppression of intercepted calls recorded by the sheriff's department in a prior criminal investigation against a…

Justia Opinion Summary: McDaniels was charged with murder after 23-year-old Traylor was shot and killed during a street fight in West Oakland. McDaniels’s defense was that he was not the shooter. A jury convicted him of first-degree murder and…

Justia Opinion Summary: In 2012, Dr. Jacobs hired All Green to perform electrical work for Jacobs’s MRI and X-ray facility, including a room in which a mammography unit was to be installed. Hologic installed that unit but discovered it was not…

Justia Opinion Summary: Shapira sued his former employer, Lifetech, for breach of an employment contract. The parties presented their evidence at a bench trial and rested. Before Shapira submitted his closing argument brief, he requested that…

Justia Opinion Summary: In 2014, Misha Sanders pleaded guilty to two counts of commercial burglary and two counts of identity theft. Sanders discovered a credit card on the ground; the card belonged to someone else. Sanders used the card to…

Justia Opinion Summary: Patrick Jackson appealed his conviction and sentence for one count of lewd contact with a minor, arguing the trial court erroneously found him competent to stand trial before taking his guilty plea and again before…

Justia Opinion Summary: In July 2007, NMG, a luxury fashion retailer, notified its employees that acceptance of the NMG Arbitration Agreement was a mandatory condition of employment which would be implied for all employees who continued to work…

Justia Opinion Summary: In a wardship petition under Welfare and Institutions Code 602, W.R. admitted possession of a dagger and was made a ward of the court. Subsequent petitions alleged vandalism, truancy, probation violations, and other…

Justia Opinion Summary: The Castillos were employed and paid by GCA, a temporary staffing company, to perform work on-site at Glenair. Glenair was authorized to and did record, review, and report the Castillos’ time records to GCA so that the…

Justia Opinion Summary: n 2008, Riske, a Los Angeles police officer from 1990 until his 2014 retirement, reported two fellow officers for filing false reports and testified against them. Afterward, Riske’s colleagues referred to him as a…

Justia Opinion Summary: The Board of Directors (the Board) of Bear Valley Community Hospital (Bear Valley) refused to promote Dr. Robert O. Powell from provisional to active staff membership and reappointment to Bear Valley's medical staff. Dr.…

Justia Opinion Summary: Google agreed with competitors, such as Apple, not to initiate contact to recruit each others' employees. In 2010, the Department of Justice filed a civil antitrust action, alleging that the agreements illegally…

Justia Opinion Summary: While watching a small dog that belonged to his girlfriend’s parents, defendant Jesse Tom beat, stabbed, and strangled the dog. Defendant covered the dead dog with oil and placed it inside a barbeque. Before he could…

Justia Opinion Summary: In 2005, 81-year-old Novak was injured when the van in which he was a passenger suffered a tire blowout and collided with a power pole. Novak sued for strict product liability and negligence for failure to warn that…

Justia Opinion Summary: Contra Costa County certified an environmental impact report (EIR) and approved a land use permit for a “Propane Recovery Project” at a Rodeo oil refinery owned and operated by Phillips 66. The trial court ordered the…

Justia Opinion Summary: In 2012, a Pasadena officer shot and killed an unarmed man, resulting in multiple investigations, including by the Office of Independent Review Group (OIR). The Los Angeles Times made requests under the California…

Justia Opinion Summary: Los Angeles County fired Merritt, a supervisor in the Department of Children and Family Services, for failing to adequately supervise a social worker, Clement, and approving Clement’s closure of a case of suspected child…

Justia Opinion Summary: A drug dealer identified only as “Max” owed money to a group of other drug dealers for some methamphetamine that had gone missing. He decided to ambush his creditors, tie them up, rob them of any drugs and money they…

Justia Opinion Summary: Ochoa, terminated from his employment as a Kern County Deputy Sheriff, claimed violation of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code 3300) by failure to complete an administrative investigation…

Justia Opinion Summary: After a probation search of Defendant’s car and home, Defendant was charged with possessing methamphetamine for sale and pleaded no contest. Among other probation conditions, the court required that defendant consent to…

Justia Opinion Summary: Before San Francisco Ordinance 286-13 was adopted in 2013, the Planning Code generally prohibited the enlargement, alteration or reconstruction of “nonconforming units,” which are legal residential housing units that…

Justia Opinion Summary: After being accused of numerous sexual offenses against his girlfriend’s children, Lopez pleaded no contest to two counts of lewd acts upon a child under 14 years old and one count of rape and admitted a special…

Justia Opinion Summary: In 1998 San Francisco outlawed discrimination against tenants who pay a portion of their rent with a Section 8, or similar, housing voucher by amending San Francisco’s existing housing discrimination ordinance to outlaw…

Justia Opinion Summary: Birts was charged with several counts of felony domestic violence, with special allegations for use of a deadly weapon, serious felony enhancements, prior strikes and prison priors. Shortly after the trial judge,…

Justia Opinion Summary: Defendant was convicted of murder and the jury found that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. The Court of Appeal held that the trial court…

Justia Opinion Summary: Gordon B., in propria persona, appealed from the trial court's denial of his request to renew an elder abuse restraining order against his neighbor. The Court of Appeal reversed and remanded, agreeing with Gordon B. that…

Justia Opinion Summary: A commercial landlord who leases space to an operator of a health studio does not owe a duty under Health and Safety Code section 104113 or the common law to acquire and maintain an automated external defibrillator (AED)…

Justia Opinion Summary: S.K. was born with methamphetamine in his system and, after defendant-appellant, R.B. (mother), absconded with him, he was hospitalized with toxic levels of oxycodone in his system. The juvenile court removed S.K. from…

Justia Opinion Summary: In January 2017, Carlos (born September 2001) and an older male participated in a gang-related Santa Rosa shooting. The 18-year-old victim was standing in a driveway when the two passed in a car, parked, and approached.…

Justia Opinion Summary: The Court of Appeal affirmed the denial of appellants' petition for a writ of mandate, contending that the written reprimands they received from the sheriff's department should be rescinded because they did not receive…

Justia Opinion Summary: The Court of Appeal modified the previous opinion and denied a rehearing. In the published portion of the opinion, the court held that defendant's conviction on count II need not be vacated as a lesser included offense…

Justia Opinion Summary: In 2011, Barboza was charged with various felonies and enhancement allegations. In 2016, Barboza pleaded guilty to robbery and admitted an armed-with-a-firearm allegation (Pen. Code 12022(a)(1)). The remaining counts and…

Justia Opinion Summary: A jury convicted Christian Almanza of first degree murder and assault with a firearm. The jury found gang enhancement allegations true on both counts. On the murder charge, the jury found a principal personally and…

Justia Opinion Summary: On remand from the California Supreme Court, the Court of Appeal affirmed defendant's conviction for first degree murder and assault with a firearm. The court held that the only reasonable conclusion the jury could…

Justia Opinion Summary: In April 2016, M.H. was born with a positive toxicology screening for methamphetamine and cocaine; his mother has a history of substance abuse and psychiatric illness. The identity of his father was unknown. Days later,…

Justia Opinion Summary: A jury found defendant Roosevelt Beatty guilty of two counts of transporting methamphetamine, two counts of sale of methamphetamine, and two counts of possession of methamphetamine for sale. At a bifurcated proceeding,…

Justia Opinion Summary: A buyer is not a prevailing party entitled to recover attorney's fees under the Song-Beverly Consumer Warranty Act if, through settlement with the manufacturer, all she obtains by litigating is the payment of dealer…

Justia Opinion Summary: Dillard was the executive director of ACAP, an agency created by Alameda County and several cities. Daniels was the grants manager. The two married. The Agency was awarded a $500,000 Department of Health and Human…

Justia Opinion Summary: In 2016, the court of appeal held that if the advocacy of an intervenor contributes to a California Public Utilities Commission (CPUC) proceeding by assisting CPUC in the making of any order or decision (Pub. Util. Code…

Justia Opinion Summary: In 2016, Mother, who is intellectually disabled, was raising boys, ages eight, four and two, single-handedly. The San Francisco Human Services Agency learned Mother had not been giving the eldest boy medications he…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order appointing the Public Guardian of the County of Ventura as the conservator of objector's person and estate after the jury found beyond a reasonable doubt that he was…

Justia Opinion Summary: Appellant Thomas Guarino appealed a superior court order granting an “anti-SLAPP” (Strategic Lawsuits Against Public Participation) motion to strike his First Amended Complaint pursuant to Code of Civil Procedure section…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of defendant's motion to suppress evidence obtained by the police, after detaining him in connection with the probation search of a third party. The court held that…

Justia Opinion Summary: Plaintiff 1901 First Street Owner, LLC (First Street), appealed a judgment which interpreted the meaning and application of Government Code section 65995 (b)(1), in a manner favorable to defendant Tustin Unified School…

Justia Opinion Summary: HomeAway, an online forum that allows owners to list their properties for short-term rentals and connect with individuals who want to rent a house or apartment, rather than stay in a hotel, is not a party to those rental…

Justia Opinion Summary: The trial court granted an anti-SLAPP motion on the grounds that plaintiff's action arose out of an underlying unlawful detainer action, which was protected petitioning activity under Code of Civil Procedure section…

Justia Opinion Summary: The City filed a nuisance abatement action against several businesses and individuals related to medical marijuana dispensaries, which were prohibited by the Pasadena Municipal Code (PMC). Defendants in that action then…

Justia Opinion Summary: Pursuant to Penal Code section 1170, subdivision (h)(5)(B), an incarcerated defendant may not accrue Penal Code section 4019 credits against a term of mandatory supervision unless the conduct resulting in the supervision…

Justia Opinion Summary: Starline appealed a judgment confirming an arbitration award in a contract dispute between EHM, dba TMZ, regarding Starline's duty to defendant TMZ in a lawsuit brought by Starline's bus drivers. After TMZ filed its…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence during a search of his car. Defendant pleaded no contest to one count of sale of a controlled substance (cocaine base) and…

Justia Opinion Summary: Defendant Oswaldo Chavez knifed a man in the back, and defendant Daniel Gonzalez shot and killed another. Both were convicted by jury of second degree murder, and assault with a deadly weapon. On appeal, Chavez…

Justia Opinion Summary: In a complex custody proceeding involving two states and three different venues, N.S. (Mother) appealed the denial of her motion to recover attorney's fees, travel expenses, and childcare costs from D.M. (Father)…

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. Charged as an…

Justia Opinion Summary: Al-Shaikh, an orthopedic surgeon, moved his Fremont practice and sought approval by the Department of Health Care Services (DHCS), under Medi-Cal regulations. He had been an approved Medi-Cal provider in Fremont for six…

Justia Opinion Summary: Plaintiff filed a putative class action against TAXI and its CEO, alleging that TAXI operated a talent listing service without procuring the bond California's Fee-Related Talent Services Law (FTSL) requires. The Court of…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in an action interpreting defendant 13359 Corp.’s offer pursuant to Code of Civil Procedure section 998 to pay a "total sum" of $12,500 "exclusive of reasonable…

Justia Opinion Summary: Plaintiffs appealed the denial of their motion for a preliminary injunction to stay the enforcement of a homeowner's association resolution banning short term rentals (STR ban) in Oxnard Shores. Plaintiffs alleged that…

Justia Opinion Summary: In August 2009, Tonya and Donald Pearson dissolved their marriage and entered into a Marital Settlement Agreement (MSA) in which they agreed to the division of their marital assets and that Donald would provide ongoing…

Justia Opinion Summary: While a public entity may be liable for injuries caused by dangerous conditions of public property, the entity may avoid liability through the affirmative defense of design immunity. The Court of Appeal affirmed the…

Justia Opinion Summary: Plaintiff filed suit against Edison, alleging claims related to the flow of electricity due to neutral-to-earth voltage (NEV) that came from Edison's electrical substation and flowed onto plaintiff's property. On…

Justia Opinion Summary: The Court of Appeal granted Disney's petition for a writ of mandate and directed the superior court to consider Disney's motion to transfer venue on the merits. The court held that the superior court erred in determining…

Justia Opinion Summary: Appellant challenged a post-judgment order denying his motion to terminate spousal support of his former wife. The wife did not file any opposition and did not appear at the hearing on the motion; she filed an income and…

Justia Opinion Summary: The First Amendment protects FX's portrayal of Olivia de Havilland in a docudrama without her permission. De Havilland filed suit against FX and the creators and producers of the television miniseries Feud: Bette and…

Justia Opinion Summary: A jury convicted D'Mare Franklin of one count of premeditated and deliberate attempted murder, and two counts of assault with a semiautomatic firearm. The jury also found that Franklin personally used a firearm in…

Justia Opinion Summary: Judge Persky was appointed to the superior court in 2003 and has been reelected. Dauber and others submitted a “Petition for Recall of Judge Aaron Persky” to the Registrar of Voters (Elections Code 11006, 11020-11022).…

Justia Opinion Summary: Aerotek provided temporary employees to Bay Bread. The temporary employees worked “under [Bay Bread’s] management and supervision.” Bread agreed to comply with federal, state, and local laws. Aerotek’s meal break…

Justia Opinion Summary: Plaintiff filed suit against the city after he fell over a retaining wall located beside a recreational trail and sustained serious personal injuries. The Court of Appeal held that the city was immune from liability…

Justia Opinion Summary: Karen Hayes appealed a judgment denying her writ of mandate petition seeking an order directing the Temecula Valley School District (District) to reinstate her as a middle school principal. The District removed Hayes as…

Justia Opinion Summary: CRRD appealed the trial court's denial of its petition for writ of mandate seeking to overturn the City of Covina's approval of an infill project located a quarter-mile from the Covina Metrolink commuter rail station.…

Justia Opinion Summary: Father appealed from the juvenile court's order of dependency over the child under Welfare and Institutions Code section 300, subdivision (b)(1) (failure to protect). The court held that the evidence was insufficient to…

Justia Opinion Summary: Plaintiff Franklin Eng appealed a judgment in favor of defendants Michael Patrick Brown and Gerald Levy following a jury trial. Eng claimed that Brown and Levy breached their fiduciary duties to him as purported partners…

Justia Opinion Summary: In 1991, Mendez was found not guilty by reason of insanity and was committed to the Napa State Hospital. In 2003, he stabbed another patient with a homemade weapon. He was convicted of assault with a deadly weapon and…

Justia Opinion Summary: Alameda County Social Services recommended termination of the parental rights of Mother so that her son, Christian, could be adopted by Christian’s paternal grandmother and her husband, who live in Denmark. The juvenile…

Justia Opinion Summary: This case arose from a dispute between the parties over licensing agreements involving the motion picture Gone in 60 Seconds. The trial court entered judgment in favor of Eleanor Licensing LLC and Denice Shakarian…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for four felony counts of being an accessory after the fact and one count of misdemeanor contempt for refusing to testify. The court held that there was sufficient…

Justia Opinion Summary: A plaintiff is "imprisoned on a criminal charge" within the meaning of Code of Civil Procedure section 352.1 if he is serving a term of imprisonment in the state prison. Plaintiff filed suit alleging breach of contract…

Justia Opinion Summary: Six judges who were elected to the superior court in mid-term elections in 2012, but who did not take office until January 7, 2013, claimed entitlement to benefits under the Judges’ Retirement System II (JRS II) as in…

Justia Opinion Summary: Petitioner purchased a rare 1947 Cisitalia automobile from Ohtomi, a Japanese company, then began restoration.The California Highway Patrol (CHP) received a stolen vehicle report on behalf of Takihana, a Japanese citizen…

Justia Opinion Summary: The Foxes filed suit against 18 defendants in February 2017, claiming that Ms. Fox, age 81, sustained personal injuries as a result of her exposure to asbestos and asbestos-containing products, from approximately…

Justia Opinion Summary: Defendants Diaz and Pantoja were convicted of murder and attempted carjacking. In the published portion of this opinion, the district court held that the Diaz's conviction for attempted carjacking need not be vacated as…

Justia Opinion Summary: Defendant Miguel Cabrera was currently serving a three strikes sentence for assault with force likely to produce great bodily injury (GBI) and battery with serious bodily injury (SBI). He appealed the denial of his Penal…

Justia Opinion Summary: At issue in this case was whether plaintiff West Coast Air Conditioning Company, Inc. (West Coast) was entitled to recover under a promissory estoppel theory its bid preparation costs in the stipulated amount of…

Justia Opinion Summary: A jury convicted both defendants in this case of first degree murder and found the special circumstances that the murder was committed during the course of a robbery and during the course of a kidnapping. The jury found…

Justia Opinion Summary: SV Care has operated a medical marijuana collective in a San Jose commercial zoning district since 2010. The municipal code did not then list marijuana-specific uses in its table of permitted uses. That table stated that…

Justia Opinion Summary: Aguirre was detained by store personnel after attempting to pay for purchases with a suspected counterfeit $100 bill. She was placed under arrest by a responding police officer, who, searching her purse, found $1,130 in…

Justia Opinion Summary: Quanta, a Taiwanese company, entered into a contract to manufacture and sell cellular telephones to Japan Communications, a Japanese company. The Court of Appeals held that the trial court did not abuse its discretion in…

Justia Opinion Summary: The Legislature exempted a government claim to a local public entity on a childhood sexual abuse action from the claim presentation requirement of the Government Claims Act, but permitted local public entities to impose…

Justia Opinion Summary: A jury convicted Almanza of first-degree murder and assault with a firearm; found gang enhancement allegations true on both counts; and found Almanza personally and intentionally discharged a firearm causing death (Penal…

Justia Opinion Summary: This appeal was defendant’s second after he pled no contest to two drug offenses. In his first appeal, he challenged the trial court’s denial of his suppression motion. In this appeal, he challenged the trial court’s…

Justia Opinion Summary: Verizon Wireless obtained approval from the City of San Diego (the City, together respondents) to construct a wireless telecommunications facility (WCF, the Project) in Ridgewood Neighborhood Park (the Park), a dedicated…

Justia Opinion Summary: In 2003, after a lengthy period of employment as a firefighter with the United States Forest Service, George Corley accepted a position with the San Bernardino County Fire Protection District as a battalion chief. Corley…

Justia Opinion Summary: Plaintiff Petrolink, Inc. sought the modification of a judgment entered in its favor on its cause of action for specific performance. Petrolink leased a parcel of undeveloped property from defendant Lantel Enterprises…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying defendants' petition to compel arbitration of plaintiff's Ralph Act and Bane Act claims. The court held that the parties did not incorporate preempted state…

Justia Opinion Summary: Plaintiffs and appellants Antonio and Imelda Aranda and their son-in-law, Heriberto Ponce, (together, Ponce and Aranda) appeal from the trial court’s entry of a judgment of dismissal following an order imposing both…

Justia Opinion Summary: Defendant Derek Johnson was charged with domestic violence causing injury, assault with force likely to inflict great bodily injury, and mayhem. During court proceedings, he engaged in multiple acts of self-mutilation,…

Justia Opinion Summary: At issue in this appeal was whether a mortgage servicer could be considered a "debt collector" under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ. Code,1 sec. 1788 et seq.). There was…

Justia Opinion Summary: A merchant does not consent to the sale of an item where the ostensible purchaser has deceived the merchant as to what is the subject of the transaction. The Court of Appeal affirmed defendant's second degree robbery…

Justia Opinion Summary: In August 2009, Tonya and Donald Pearson dissolved their marriage and entered into a Marital Settlement Agreement (MSA) in which they agreed to the division of their marital assets and that Donald would provide ongoing…

Justia Opinion Summary: Plaintiff AO Alpha Bank (Alpha Bank) initiated this lawsuit pursuant to the Uniform Foreign-Country Money Judgments Act (Recognition Act; Code Civ. Proc., sections 1713–1725)1 to recognize a Russian judgment against…

Justia Opinion Summary: Plaintiffs MMM Holdings, Inc. (MMM), and MSO of Puerto Rico, Inc. (MSO), sued defendant Marc Reich, the attorney who represented their adversary in a whistleblower qui tam action filed against plaintiffs federal district…

Justia Opinion Summary: The victim was walking with his grandson. A man, his face covered, robbed him, struck the victim on the head with a gun, and fled. The victim then heard a “boom.” Other witnesses heard a gunshot and saw two men running:…

Justia Opinion Summary: Defendant was convicted of 22 theft-related counts connected to her scam of offering loan services to immigrants. After the resolution of her appeal where one count of conviction was reversed, she applied under…

Justia Opinion Summary: GMRI, Inc. a restaurant operator, appealed a judgment entered in favor of the State Board of Equalization (the Board) after the trial court granted the Board’s summary judgment motion. Between 2002 and 2004 (period in…

Justia Opinion Summary: At all relevant times, minor D.P. was a ward of the court and a probationer under Welfare and Institutions Code section 602, plus he was not in custody. The prosecuting attorney, filed a subsequent section 602 petition…

Justia Opinion Summary: The owners of Pine Meadow Golf Course in Martinez sold the property to a developer. The city approved construction of a 99-unit single-family home subdivision, with improvements. Objectors circulated a petition opposing…

Justia Opinion Summary: The law requires an officiant to return the marriage license to the county; however, noncompliance by a nonparty does not necessarily invalidate an otherwise lawful marriage. Nor was the marriage invalidated by the…

Justia Opinion Summary: Real party filed suit against Klean, a voluntary drug abuse treatment facility, alleging that Klean was negligent for the injuries he suffered after smuggling heroin into his room and injecting it late one night. The…

Justia Opinion Summary: A wine dealer sold millions of dollars’ worth of counterfeit wine to an unsuspecting wine collector. When the collector discovered the fraud, he filed an insurance claim based on his “Valuable Possessions” property…

Justia Opinion Summary: An officer responding to a midnight single-vehicle collision saw an SUV on the edge of the road moving forward and backward; one tire was missing and the wheel’s rim and brake system were extensively damaged. Munro got…

Justia Opinion Summary: The question this appeal presented for the Court of Appeal centered on whether Labor Code section 4656(c)(2)1 precluded respondent, Workers' Compensation Appeals Board (the Board), from awarding respondent, Kyle Pike,…

Justia Opinion Summary: Petitioner Christopher White was in custody awaiting trial on charges of attempted kidnapping with intent to commit rape, assault with intent to commit rape, contact with a minor with intent to commit a sexual offense,…

Justia Opinion Summary: In November 2013, Vincent Selvidge died of a heart attack. His surviving wife and children (plaintiffs) sought to sue defendant, a physician who treated Selvidge, for medical malpractice. Plaintiffs filed their suit on…

Justia Opinion Summary: The 2016 amendment to Corporations Code section 17707.06 applied to a certificate of cancellation filed by plaintiff in 2014. The Court of Appeal held that plaintiff concealed the certificate of cancellation and then…

Justia Opinion Summary: CDLA filed suit against the DMV, alleging that the DMV conducts administrative hearings to determine whether automatic suspension of a driver's license was warranted after the driver has been arrested for driving under…

Justia Opinion Summary: In 2003, the Legislature enacted Water Code section 1525, which required the holders of permits and licenses to appropriate water to pay an annual fee according to a fee schedule established by the Board. At the same…

Justia Opinion Summary: Robert and Janice married in 1964; in 1986, they divorced. In the meantime, after 20 years of service, Robert had retired from the United States Air Force. In a stipulated judgment, the trial court awarded Janice her…

Justia Opinion Summary: In 2016, personnel from real party in interest, San Bernardino County Children and Family Services (CFS), received a referral alleging emotional abuse and general neglect of Minors by Mother and physical abuse by R.N.…

Justia Opinion Summary: Plaintiff unsuccessfully sued Bartsch’s estate, claiming to be Bartsch’s son, unintentionally omitted from his father’s will. The court of appeal upheld a finding that Bartsch was aware of plaintiff’s existence when he…

Justia Opinion Summary: On September 28, 2016, the Medical Board filed an accusation against Alfred Adams, M.D., alleging that he prescribed himself controlled substances, failed to cooperate with the board, and failed to provide an accurate…

Justia Opinion Summary: An owner of a parking lot, who leases that space out to a mobile food vendor, was not, as a matter of policy, liable for all harm that occurs during the hours of operation of that vendor regardless of intervening acts by…

Justia Opinion Summary: The Court of Appeal vacated defendant's convictions for assault with a deadly weapon, and the one-year enhancement for personal use of a deadly weapon applied to the criminal threats sentence. In this case, defendant…

Justia Opinion Summary: Plaintiffs sued defendants California ex rel. Department of Transportation (CalTrans), and Orange County Transportation Authority (OCTA; collectively, Agencies), for inverse condemnation and nuisance. They alleged a…

Justia Opinion Summary: Brown worked for BCP for 10 years. BCP had permitted Brown to wear shirts with BCP patches, rather than a uniform shirt. After discovering that it could order larger-size uniform shirts, BCP purchased such shirts for…

Justia Opinion Summary: Rhinehart was harassing children in a frozen yogurt shop. An employee asked him to leave, Rhinehart refused. A customer thought Rhinehart was going to attack the employee and intervened. Rhinehart challenged the customer…

Justia Opinion Summary: Plaintiffs filed suit against their landlord for alleged negligence after a fire in an upstairs apartment caused injuries to several tenants. The Court of Appeal affirmed the trial court's grant of summary judgment for…

Justia Opinion Summary: On November 1, 2016, Bedrossian was arrested on suspicion of felony false imprisonment and misdemeanor battery. On November 10, after the San Francisco District Attorney’s Office declined to press charges, Bedrossian…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's motion to vacate an order declaring him a vexatious litigant. The court held that the order declaring plaintiff to be a vexatious litigant was not void…

Justia Opinion Summary: The Court of Appeal reversed the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of Trader Joe's to plaintiff's first amended complaint. The court held that plaintiff…

Justia Opinion Summary: Plaintiffs, survivors of the decedent who fell to his death while washing windows, filed suit against TCI for negligence and negligence per se, alleging that decedent was fatally injured because TCI failed to install…

Justia Opinion Summary: The Court of Appeal affirmed the confirmation of an appraisal award under homeowners insurance policies issued by Liberty Mutual. Plaintiffs claimed that the appraisers exceeded their authority regarding the award and…

Justia Opinion Summary: Surviving heirs of a helicopter crash filed a wrongful death action against cross-complainants. The Court of Appeal held that Robinson Helicopter's cross-complaint should have been dismissed because service was attempted…

Justia Opinion Summary: Crown proposed to install 13 microcell transmitters on utility poles, primarily in the public right of way, as part of a Distributed Antenna System (DAS) in the Day Valley area, a rural portion of unincorporated Aptos. A…

Justia Opinion Summary: Victaulic, a manufacturer, sued its insurers in connection with product liability claims that resulted in litigation. Following summary adjudication for Victaulic (duty to defend) and a declaratory ruling (duty to…

Justia Opinion Summary: Arevalo, then 18, was placed on probation after pleading no contest to felony continuous sexual abuse of a child under 14 years old. He waived some custody credits he had accrued while in jail, leaving him with 183…

Justia Opinion Summary: Johnson worked successively as a firefighter for South San Francisco (CSSF) and Pacifica. He developed nasopharyngeal cancer. Labor Code section 3212.11 establishes a presumption that cancer manifesting during and for a…

Justia Opinion Summary: When the complaint itself alleges protected activity, a moving party may rely on the plaintiff's allegations alone in arguing that the plaintiff's claims arise from an act "in furtherance of the person's right of…

Justia Opinion Summary: Defendant appealed his conviction of fleeing a police officer while driving recklessly, unlawful driving or taking a vehicle, driving under the influence of alcohol and hit-and-run driving. The Court of Appeal reversed…

Justia Opinion Summary: Plaintiff, an employee association that acts as the exclusive representative of a bargaining unit of personnel, appealed from the denial of its petition for a writ of mandate directing the PERB to issue a complaint on…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's renewal of a domestic violence restraining order against defendant with whom plaintiff shared a minor child. The court held that the trial court was within its discretion to…

Justia Opinion Summary: Mother and Stepfather appealed the juvenile court's finding that Minor's biological father (Bio-Father) was a Kelsey S. father. The Court of Appeal held that the juvenile court's paternity finding was barred by…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying a petition to compel arbitration as to negligence and elder abuse claims of the deceased, Antonio Avila, and the wrongful death claim brought by his son. The…

Justia Opinion Summary: Plaintiff Tony Muro entered into an employment contract with defendant Cornerstone Staffing Solutions, Inc. (Cornerstone). The contract included a provision requiring that all disputes arising out of Muro's employment…

Justia Opinion Summary: Guzman was operating a soil compactor on a hillside with a 45-degree slope when the compactor hit a rock. The compactor rose in the air, causing Guzman to fall backward, and then fell on top of him. The workers’…

Justia Opinion Summary: Defendant Daniel Marsh, one month shy of his 16th birthday, stalked a Davis neighborhood at night and randomly selected the home of two victims to satisfy a long-standing (and oft-expressed) desire to kill, after which…

Justia Opinion Summary: B.F. and C.W. lived in Calaveras County with a blended family that included six children, ranging from one to 15 years of age. Most of the family attended a Little League baseball game on April 27, 2013, leaving the…

Justia Opinion Summary: Jeffrey Baker was convicted by jury on one count of oral copulation of his six-year-old niece in violation of Penal Code section 288.7(b), and two counts of lewd acts in violation of Penal Code section 288(a). At…

Justia Opinion Summary: E.K. (Mother) appealed the termination of her parental rights as to her three children. A petition pursuant to Welfare and Institutions Code section 300 was filed in 2016, as to three minors, then age three years, two…

Justia Opinion Summary: Parcel 27 (22 acres) was proposed for development with 44 single-family homes, 7.9 acres of public parkland, a bike path, and dog park. The planning commission recommended and the city council adopted an amendment to…

Justia Opinion Summary: Plaintiff Delane Hurley appealed a judgment in her action against defendants California Department of Parks and Recreation (DPR) and Leda Seals (together Defendants) that alleged, inter alia, causes of action for sexual…

Justia Opinion Summary: Defendant Kelly Wolfe killed a pedestrian while driving under the influence of alcohol. The prosecution charged Wolfe with an implied malice murder (colloquially known as a Watson murder). The trial court refused to…

Justia Opinion Summary: Area 51 used Alameda city property for events it planned for third-party companies. PM assisted the city with managing the license arrangements. Due to problems connected with Area 51 events, the city ceased doing…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's petition for writ of administrative mandate after the county planning commission and board of supervisors denied her application for a conditional use…

Justia Opinion Summary: The school’s principal recommended that M.N., a seventh grader, be expelled, based upon allegations that M.N. had committed sexual assault or sexual battery upon a 13-year-old female student on multiple occasions while…

Justia Opinion Summary: Labor Code section 244, which does not require a litigant to exhaust administrative remedies before bringing a civil action, applies only to claims before the Labor Commissioner. The Court of Appeal explained that…

Justia Opinion Summary: Appellant Andrew Tran was convicted of murdering and attempting to murder two rival gang members. On appeal, he contended his conviction for attempted murder had to be reversed because the trial court gave the jury a…

Justia Opinion Summary: The robbery conviction in this case may be affirmed based on constructive possession of an immediate family member's property. The Court of Appeal affirmed defendant's conviction of five counts of first degree…

Justia Opinion Summary: People v. Sanchez's, (2016) 63 Cal.4th 665, limitations do not render social service reports inadmissible in status review hearings held pursuant to the Welfare and Institutions Code. In this case, petitioner sought…

Justia Opinion Summary: The Court of Appeal dismissed defendant's appeal because of the absence of an appealable order. In this case, defendant sent a letter to the superior court and asked for a list of all the violent felony charges that had…

Justia Opinion Summary: In 2016, San Francisco barred no-fault evictions (for owner move-in, condominium conversion, permanent removal of the unit from housing use, capital improvements, or substantial rehabilitation) of families with children…

Justia Opinion Summary: A jury found defendant Johnny Lee Guyton, Jr., guilty of human trafficking, pandering, and pimping of an adult. The trial court sentenced him to 14 years in state prison. Defendant “concedes there was sufficient evidence…

Justia Opinion Summary: Tenant leased a two-unit San Francisco commercial building and sublet one unit to Peng. Peng later secured a $46.545 judgment against Tenant with an award of attorney fees of $47,800. Peng collected $46,500 in partial…

Justia Opinion Summary: Defendant Jeremy Hendrix entered a plea of no contest to driving with a blood-alcohol content (BAC) of 0.08 or higher, admitted an allegation his BAC was 0.15 or higher, and was placed on informal probation. Prior to…

Justia Opinion Summary: Defendant Marlowe William Henderson, Jr., pleaded no contest to charges of stalking, vandalism, and disobeying a court order. At the restitution hearing, defendant argued he could not be ordered to pay restitution for…

Justia Opinion Summary: After a magistrate denied his motion to suppress, and the trial court denied his renewed motion to suppress, Oscar Millan pled guilty to one count of transporting methamphetamine, admitted having suffered four prior…

Justia Opinion Summary: Baugh was stopped while driving a car with an inoperable headlight. Baugh regularly drove the car, which was registered to a friend. Officers noted a .22 caliber round in the coin tray and that the ignition switch was…

Justia Opinion Summary: In 2007, defendant was sentenced to an aggregate prison term of nine years four months for felony possession of a controlled substance, felony failure to appear, and enhancements. The sentence for possession was the…

Justia Opinion Summary: Joseph Connolly appealed various orders entered during his long-running dispute with his ex-wife Diane Connolly over spousal and child support arrearages. Joseph challenged a 2015 order that denied his motion to…

Justia Opinion Summary: In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of action against defendants HSBC Card Services Inc. and HSBC Technology & Services (USA) Inc. (together HSBC) based on HSBC's alleged…

Justia Opinion Summary: Defendant was convicted of lewd or lascivious acts against a child under the age of 14 and was remanded to custody. The matter was continued to 10:00 a.m. on January 24, 2014, for sentencing. Defendant was ordered to…

Justia Opinion Summary: A party clearly and unmistakably consents to have an arbitrator decide his own jurisdiction when that party does not object to the arbitrator's jurisdiction in his answer to the arbitration petition, informs the…

Justia Opinion Summary: This case involved a challenge to the California Department of Justice’s (DOJ) policy that individuals who possess a federal license to collect “curio and relic” firearms could not, by virtue of possessing that license,…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of the mandate relief sought by Today's Fresh Start. Today's Fresh Start sought both an approval and renewal of its charter in the same petition to the school…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to vacate his 1998 plea of guilty to committing a lewd act with a child under the age of 14 in violation of Penal Code section 288, subdivision…

Justia Opinion Summary: A person who suffers a disqualifying conviction after filing a redesignation application but prior to the trial court's ruling on that application is barred from relief under Penal Code section 1170.18 (Proposition 47).…

Justia Opinion Summary: Petitioners, Jimmy and Uma Naidu, challenged a trial court order preventing them from using their licenses from the Contractors’ State Licensing Board (CSLB) as a condition of bail. Petitioners allegedly sold at least…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of defendant's motion for summary judgment. Plaintiff, a professional window washer, filed a premises liability action against defendant, after he lost his footing and…

Justia Opinion Summary: The question of first impression presented by these consolidated appeals was whether housing authorities that assume the housing functions of their former redevelopment agencies, when a city or county purportedly elect…

Justia Opinion Summary: Defendant Brian Acosta pleaded guilty to two counts of felony vandalism and admitted the gang enhancement attached to each count. Pursuant to the plea agreement, Acosta was placed on formal probation for three years on…

Justia Opinion Summary: Plaintiff’s purported class action alleged violations of Labor Code Section 226(a) and sought penalties under the Private Attorneys General Act, on behalf of persons employed by Webcor after July 2014. The complaint…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's postjudgment order concluding that neither plaintiff nor defendant was the prevailing party in litigation over an assignment fee, and thus neither of them was entitled to…

Justia Opinion Summary: Minors N.C., P.G., J.G., and D.G. appealed orders denying the Imperial County Department of Social Services' petition to remove them from the care of their paternal aunt under Welfare and Institutions Code sections 387…

Justia Opinion Summary: Defendants appealed the trial court's order awarding costs to plaintiffs in a wrongful death case under Code of Civil Procedure section 998. The Court of Appeal affirmed, holding that the joint offer to settle both…

Justia Opinion Summary: In 2014, W.S. filed a petition to establish a parental relationship, claiming to be daughter’s biological father. He stated he had a relationship with S.T., daughter’s mother, while she was married to, but separated…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of Southern SARMs' postjudgment motion for sanctions against Nutrition Distribution because Southern SARMs had failed to give Nutrition Distribution the required…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile courts order terminating her parental rights to R.H., an Indian child, and selecting adoption as his permanent plan. The court held that the juvenile court could implicitly…

Justia Opinion Summary: John and Denise Lane jointly owned a piece of rural property together with Denise's mother, Joan Bell. In 2011, the Lanes filed a lawsuit (the property action) against Bell arising out of disputes over the property. Bell…

Justia Opinion Summary: Bettie Webb was arrested and eventually charged in a felony complaint with knowingly bringing controlled substances into a state prison, and unauthorized possession of a controlled substance in a prison. She posted a…

Justia Opinion Summary: While driving under the influence of alcohol and drugs, defendant-appellant David Doyle swerved into oncoming traffic and hit Mark Norton (the victim) who was riding a motor scooter. The victim died immediately.…

Justia Opinion Summary: In 2014, the Board adopted proposed modifications to the Truck and Bus Regulation, extending certain deadlines for small fleet operators to comply with the regulations. Respondents filed a writ petition against the Board…

Justia Opinion Summary: In a challenge to an update of the City's general plan, which included an update to areas designated "Neighborhood Commercial," plaintiff claimed that the City violated the California Environmental Quality Act (CEQA) by…

Justia Opinion Summary: A woman checked into a hotel room in the early evening. She did not answer her husband’s calls for several hours. He suspected that she may have been injured. The husband called the hotel and a maintenance worker checked…

Justia Opinion Summary: The Ventura River watershed is home to Southern California steelhead trout, a species listed as endangered since 1997. San Buenaventura has been diverting water from the Ventura River since 1870. Channelkeeper sued,…

Justia Opinion Summary: Payment in the amount of the judgment to plaintiff by a third party for something collaterally related to the judgment did not constitute satisfaction of the judgment. In this case, the Court of Appeal held that CTIC's…

Justia Opinion Summary: Defendant was convicted of evading a pursuing police officer while driving with a disregard for safety, as defined in Vehicle Code section 2800.2. On appeal, defendant argued that subdivision (b) of section 2800.2…

Justia Opinion Summary: Plaintiff filed suit against CarMax, alleging breaches of express and implied warranties, intentional and negligent misrepresentation, breach of contract, unfair competition under Business and Professions Code section…

Justia Opinion Summary: California's compulsory joinder statute, Code of Civil Procedure section 389, applied when a fiduciary relationship exists between the plaintiff and the persons for whose benefit the action is prosecuted. Plaintiff…

Justia Opinion Summary: Plaintiffs filed a putative class action lawsuit against Uber for providing unlicensed transportation services that appropriated passengers and income from licensed taxicab drivers. Plaintiffs alleged Uber failed to…

Justia Opinion Summary: Plaintiff filed suit one behalf of himself and a putative class of California consumers who were over 30 years old when they subscribed to Tinder Plus, alleging age discrimination in violation of the Unruh Civil Rights…

Justia Opinion Summary: The Association filed suit against Metro and Foothill Transit for inverse condemnation and other torts arising from the construction and maintenance of part of the Metro Gold Line railway that runs adjacent to the…

Justia Opinion Summary: Petitioner Apple, Inc. (Apple) is the defendant in a putative class action filed by plaintiffs and real parties in interest Anthony Shamrell and Daryl Rysdyk. In their operative complaint, plaintiffs alleged that Apple's…

Justia Opinion Summary: In 2004, U.S. Bank made a business loan to B2B, guaranteed by B2B’s principals, the Yousufs, and secured by a second deed of trust on the Yousufs's property. In 2011, U.S. Bank assigned the note and deed of trust to SMS.…

Justia Opinion Summary: Defendant Steven Mark Williams appealed a trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act). He contended the trial court abused its discretion in finding that…

Justia Opinion Summary: At age of 19, defendant Montrell Woods shot Kenny Hernandez to death during a confrontation between the two men at an apartment complex. A jury found defendant guilty of second degree murder and of being a felon in…

Justia Opinion Summary: Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon Peabody LLP (Nixon Peabody or the firm) sought a writ of mandate to direct the trial court to vacate its order disqualifying Nixon Peabody from…

Justia Opinion Summary: Under California’s workers’ compensation law, effective in 2013, an injured worker may challenge a decision denying medical treatment by requesting a determination of medical necessity from an independent medical review…

Justia Opinion Summary: Defendant appealed a dispositional order entered after the juvenile court sustained allegations that he committed misdemeanor sexual battery when he touched the breast of a female high school classmate. In the published…

Justia Opinion Summary: The Court of Appeal held that petitioner was entitled to a new bail hearing at which the trial court inquires into and determines his ability to pay, considers nonmonetary alternatives to money bail, and, if it…

Justia Opinion Summary: Machavia filed suit against the County for a refund of property taxes on two aircraft. The Court of Appeal affirmed the trial court's grant of summary judgment for defendants, holding that Machavia had failed to exhaust…

Justia Opinion Summary: Petitioner, the Attorney General of the State of California, sought a peremptory writ of mandate directing respondent Superior Court of Sacramento County to vacate its order requiring that he rescind the circulating…

Justia Opinion Summary: The 260-unit San Francisco condominium property is subject to the Davis-Stirling Common Interests Development Act, Civ. Code, 4000. Artus, a J.D., Ph.D., owns three condominiums. The homeowner’s association (HOA) is…

Justia Opinion Summary: Before marrying Claudia, Mathew downloaded a form and drafted a premarital agreement, describing Claudia's rights in real property owned by Matthew. Matthew retained attorney Chernick to represent Claudia. Chernick…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of possession of child pornography by a registered sex offender. The court held that defendant's suppression motion was correctly denied where a sexually violent…

Justia Opinion Summary: QVMC is a full-service hospital. Lampe and McNair, QVMC nurses, filed suit, alleging: violation of Business and Professions Code 17200; violation of Labor Code sections 206, 218, 226, 510, 1194, and 1198; failure to pay…

Justia Opinion Summary: Appellant James Bulen (James) and respondents (the Gaynor beneficiaries) were extended family members who were cobeneficiaries of a trust (Trust) created by their grandfather or great-grandfather (Grandfather). Years…

Justia Opinion Summary: A jury found Jimmy Moore guilty of one count of possession of a controlled substance and two counts of vandalism, and found true an allegation that he caused damage of more than $400. The superior court sentenced him to…

Justia Opinion Summary: In August 2005, Modesto Perez pled guilty to possession of methamphetamine for sale. Over six months later, Perez was deported to Mexico based on his conviction. On January 1, 2017, Penal Code section 1473.7 became…

Justia Opinion Summary: A jury found defendant-appellant Hector Martinez guilty of: (1) driving or taking a vehicle valued at over $950, without the owner’s consent; and (2) possessing burglary tools. In regard to the vehicle offense, the jury…

Justia Opinion Summary: The Court of Appeal reduced D.N.'s adjudication for felony theft of a vehicle pursuant to Vehicle Code 10851 to a misdemeanor, because the People failed to prove the value of the stolen vehicle exceeded $950. The court…

Justia Opinion Summary: Lippman owns Oakland rental property. The Building Services Department cited Lippman for blight and substandard living conditions. He sought administrative review. A hearing officer found that Lippman was in violation of…

Justia Opinion Summary: Sparrow obtained two loans from Countrywide, each secured by a deed of trust on Hercules, California property: a residential mortgage of $205,080 and a home equity line of credit (HELOC) of $15,000. Both deeds of trust…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment in an action brought under the Labor Code Private Attorneys General Act of 2004 (PAGA). The court held that plaintiff failed to provide adequate…

Justia Opinion Summary: Father appealed from the order terminating his parental rights to his daughters under Welfare and Institutions Code section 366.26. The Court of Appeal agreed with Father that there was an inadequate investigation of…

Justia Opinion Summary: The underlying action was initiated by homeowners from two residential developments in Rocklin against appellants Centex Homes and Centex Real Estate Corporation (Centex) for alleged defects to their homes. Centex and…

Justia Opinion Summary: Land Partners, LLC, and Los Alisos Ranch Company (collectively, Land Partners) appealed a postjudgment order denying their motion for attorney fees brought pursuant to Revenue and Taxation Code section 5152. Although the…

Justia Opinion Summary: The Energy Resources Conservation and Development Commission is exclusively empowered to license thermal power plants of over 50 megawatts capacity, Pub. Resources Code 25120, 25500, 25517; it possesses “the exclusive…

Justia Opinion Summary: Probate Code section 11704 requires an executor to obtain court permission before taking sides in a proceeding to determine who is entitled to a distribution of estate assets. Section 11704 does not mandate neutrality or…

Justia Opinion Summary: A jury found defendant-appellant Eric Robbins guilty of first degree murder, and attempted murder. The jury found true the allegations that: (1) the murder was committed by means of lying in wait; (2) the attempted…

Justia Opinion Summary: Defendant and others chased Isaiah, Alvaro, and Julian, a student whom he perceived had “jumped” him 14 months earlier, and accosted Julian. Julian told police that one man hit the back of his head with a blunt object;…

Justia Opinion Summary: The trial court denied class certification in a wage and hour suit challenging whether U.S. Bank properly classified its business banking officers (BBOs) as exempt employees under the outside salesperson exemption. The…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence, holding that the exclusionary rule was inapplicable. The court held that the community caretaking exception was applicable…

Justia Opinion Summary: Defendants Karre Mullins and Arturo Russell were convicted by jury of robbery involving bank customers at ATM’s. Defendant Mullins was also convicted on a count of conspiracy to commit petty theft. Sentenced to…

Justia Opinion Summary: A jury convicted Maria Arevalo of possessing methamphetamine for sale. The trial court suspended execution of sentence and granted three years formal probation on several conditions. On appeal, Arevalo contended the…

Justia Opinion Summary: School Boards sued, alleging that Government Code 17557(d)(2)(B)) and Education Code 42238.24 and 56523(f) “implemented . . . broad changes in mandate law that were intended to eliminate or reduce the State’s mandate…

Justia Opinion Summary: Plaintiff-appellant William Bustos sued his former employers, defendants-respondents Global P.E.T., Inc. and Global Plastics, Inc. (collectively, Global) for discrimination. A jury found that Bustos’s physical condition…

Justia Opinion Summary: Halus owned land in a San Leandro industrial zone, where it designed and manufactured wind turbines. It proposed to install a 100-foot-tall wind turbine to generate energy and conduct research and development; it sought…

Justia Opinion Summary: BNSF Railway proposed a new railyard approximately four miles from the Port of Los Angeles. Environmental analysis of the project began no later that 2005. The final environmental impact report (FEIR) prepared pursuant…

Justia Opinion Summary: Plaintiff filed suit against defendant for causes of action arising out of defendant's breach of contract, and for fraud. Plaintiff and defendant had entered into a contract under which plaintiff paid the purchase price…

Justia Opinion Summary: The Department moved to determine the amount of a Medi-Cal lien on the settlement of plaintiff's medical malpractice action. The Court of Appeal reduced the trial court's determination of the amount of the lien by 25…

Justia Opinion Summary: Defendants Rodolfo Villa and Michael Almeda appealed their convictions of first degree murder. They both contended the trial court erred by admitting evidence of Villa’s jailhouse confession and by failing to instruct on…

Justia Opinion Summary: Plaintiff-appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its coplaintiff-appellant Mabee Trust owned real property in the vicinity of Rancho Santa Fe. Appellants sought approvals for a joint development…

Justia Opinion Summary: Manuel Saldana was a 58-year-old legal Mexican immigrant with a sixth grade education who, with no notable criminal history, was charged with committing lewd acts on three girls, G.H. (age 11), M.H. (age 8), and Y.H.…

Justia Opinion Summary: In an eminent domain matter, the condemning agency, Tri-City Healthcare District (Tri-City), made a pretrial deposit of $4.7 million and sought to take immediate possession of the subject property, a partially completed…

Justia Opinion Summary: Defendant was stopped for a traffic infraction. The vehicle was searched following the deputy’s decision to impound it. Methamphetamine was found in a hidden compartment. Defendant was charged with possession for sale…

Justia Opinion Summary: ABM, a facility services company with employees throughout the U.S., has thousands of janitorial workers at hundreds of California job sites. Plaintiffs, present or former ABM employees, on behalf of themselves and…

Justia Opinion Summary: Plaintiffs sued Dentsply, Cavitron's manufacturer and marketer, on behalf of California dentists who purchased the Cavitron ultrasonic scaler for use during oral surgical procedures, under the Unfair Competition Law…

Justia Opinion Summary: Jackie Robinson, a patient and detainee at DSH-C, petitioned for a writ of habeas corpus seeking the return of confiscated items, as well as compensation for any lost or destroyed property. The items at issue included a…

Justia Opinion Summary: Fong, born in China in 1931, moved to San Francisco as a young man and became a real estate investor. Fong had a banking relationship with the Bank, where he had more than $3.5 million dollars on deposit. Loans involving…

Justia Opinion Summary: A group of doctors sued the hospital, alleging unfair business practices and interference, specifying that the action was not based on any “wrongs or facts arising from any peer review activities.” The complaint was…

Justia Opinion Summary: The Court of Appeal reversed a two-year restraining order against Jonathan V, because he did not receive adequate notice of or a hearing on the People's application for the restraining order. In this juvenile case,…

Justia Opinion Summary: In 1998, Modesto, its Sewer District, and its Redevelopment Agency (RDA) sued retail dry cleaning businesses operating in Modesto, the manufacturers of dry cleaning equipment used at those establishments, and the…

Justia Opinion Summary: Governor Brown—faced with a statewide crisis involving the significant underfunding of public pension systems—signed into law the Public Employee Pension Reform Act of 2013 (PEPRA) in an attempt to curb what were seen as…

Justia Opinion Summary: Dr. Erdle was arrested for possession of cocaine. He successfully completed drug treatment under a deferred entry of judgment program. Before completion of his drug program and dismissal of his criminal matter, the…

Justia Opinion Summary: Plaintiffs filed suit against defendant, the killer of their daughter, seeking vindication for the 31-year-old murder. Defendant moved to dismiss the case on the basis that the lawsuit had been filed before, not after,…

Justia Opinion Summary: A Public Records Act request in this case was made on behalf of Fowler Packing Company, Inc. (Fowler) and Gerawan Farming, Inc. (Gerawan) in response to the 2015 enactment of Assembly Bill 1513 (AB 1513) codified in…

Justia Opinion Summary: Plaintiffs Clews Land and Livestock, LLC; Barbara Clews; and Christian Clews (collectively, CLL) appealed a judgment in favor of defendant City of San Diego (City) on CLL's petition for writ of mandate and complaint for…

Justia Opinion Summary: Burkhalter Kessler Clement & George LLP (Burkhalter) subleased a portion of its office space to the Eclipse Group LLP (Eclipse). The sublease contract had a provision for an award of reasonable attorney fees to the…

Justia Opinion Summary: In an action alleging age and disability discrimination, the Court of Appeal affirmed the trial court's grant of defendant's motion for judgment notwithstanding the verdict (JNOV) on plaintiff's constructive termination…

Justia Opinion Summary: Respondents-petitioners Central Coast Forest Association and Big Creek Lumber Company asked the Fish and Game Commission to remove (delist) coho salmon south of San Francisco from the list of endangered species in…

Justia Opinion Summary: A surety posted a $50,000 bail bond for a misdemeanor defendant. Throughout the case, defendant’s attorney appeared on his behalf. The trial court granted defendant probation, continued several probation violation…

Justia Opinion Summary: Defendant pleaded no contest to stalking his ex-wife (Penal Code section 646.9(a)). As part of a negotiated disposition, the District Attorney agreed to dismiss several misdemeanor charges involving a trespass on the…

Justia Opinion Summary: The southern border of 1664 Spring Street, St. Helena, adjoins the northern border of 1670 Spring; 1660 Spring, adjoins the eastern border of 1670 and part of 1664. An alley connecting to the public street runs east…

Justia Opinion Summary: A jury convicted Roland Seau of first-degree for the death of Louiegie Bermas; the willful, deliberate, and premeditated attempted murder of Randy Lozano; assault with a deadly weapon on Lozano with the personal use of a…

Justia Opinion Summary: At issue in this case is the scope of the Governor’s responsibilities upon receiving an allegation brought under the California Military Whistleblower Protection Act, Military and Veterans Code section 56 (Section 56),…

Justia Opinion Summary: School administrator Cushman received a text message indicating that a student had a loaded gun at school. The tipster had received a SnapChat video showing a student, in a classroom, displaying a gun and a magazine…

Justia Opinion Summary: Plaintiff-appellant, J. Brent Arave, brought several claims under the California Fair Employment and Housing Act (FEHA) against his former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of…