California Courts of Appeal Decisions 2019

Justia Opinion Summary: Plaintiff Nancy Ortiz sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to…

Justia Opinion Summary: Plaintiff Shirley Galvan sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to…

Justia Opinion Summary: Plaintiff Wendell Brown sued his employer, the City of Sacramento (City), for racial discrimination and retaliation in violation of the California Fair Employment and Housing Act (FEHA). A jury returned a verdict in…

Justia Opinion Summary: The Court of Appeal held that Local Rule Seven of the McCourtney Courthouse Policies, effective August 13, 2019, is invalid; the rule was adopted in violation of state law; the local rule conflicts with California law;…

Justia Opinion Summary: Inspectors filed a putative class action alleging that they were entitled to, but deprived of minimum wages, overtime, meal and rest breaks, reimbursement of expenses, and accurate wage statements. The Court of Appeal…

Justia Opinion Summary: A jury convicted defendant Spencer Marsh of assault with a deadly weapon and vandalism. The charges arose from an incident involving a formal Navy SEAL at a fitness club parking lot; the brake lines to the SEAL’s vehicle…

Justia Opinion Summary: Defendant Daniel Sexton was convicted of several crimes committed against Jane Doe, his ex-wife. During the course of the investigation, Jane first accused him of domestic violence, later recanted her allegations, and…

Justia Opinion Summary: Minor J.S. appealed a dispositional order adjudging him a ward of the court pursuant to Welfare and Institutions Code section 602 and placing him on formal probation, subject to various terms and conditions. At the time…

Justia Opinion Summary: This appeal arising from a mandamus action presented a matter of first impression for the Court of Appeal regarding the proper scope of judicial review of a school district's decision to deny a petition to renew a…

Justia Opinion Summary: The Court of Appeal affirmed defendant's felony convictions for possession of a firearm and ammunition, holding that substantial evidence supported a finding that the contraband was in defendant's constructive…

Justia Opinion Summary: In May 2014, Contra Costa County Children & Family Services filed dependency petitions, seeking the detention of children born in 2008 and 2011. The maternal grandparents took the children. Mother was out of contact for…

Justia Opinion Summary: This appeal stemmed from the death of appellants' son after he was struck and killed by a school bus while riding his bicycle. The jury found that the son was 80 percent liable for the accident, and awarded $250,000.…

Justia Opinion Summary: After a flying mattress made plaintiff swerve on a freeway and crash at high speed, she filed suit against the company that failed to secure the mattress. The Court of Appeal held that the trial court misinstructed the…

Justia Opinion Summary: This case is one of several coordinated actions alleging that talcum powder products manufactured by defendants caused them to develop ovarian cancer. In 2017, bellwether plaintiff's case was tried to a jury on a single…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment and held the continuous accrual theory applies here to the periodic pension benefit payments made to teachers. The court held that CalSTRS is barred by the…

Justia Opinion Summary: Allstate filed suit under Insurance Code section 1871.7 on behalf of the People against defendant, her mother, and others for insurance fraud in violation of Penal Code section 550, which makes it unlawful to submit…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's decision sustaining a Welfare and Institutions Code section 602 petition and finding that A.C. violated his conditions of probation by making criminal threats. The court…

Justia Opinion Summary: SoCalGas pleaded no contest to a charge of failure to immediately report the release of a hazardous material, and obtained dismissal of other charges, including a count alleging the discharge of air contaminants.…

Justia Opinion Summary: In 2004, Hernandez, age 11, was a passenger in a 1992 Oldsmobile Cutlass that was involved in a head-on collision; she was seriously injured. Hernandez alleged that the Cutlass was not designed to be crashworthy and did…

Justia Opinion Summary: At issue before the Court of Appeal was whether section 2802 of the California Labor Code required an employer to reimburse its employees for the cost of slip-resistant shoes as “necessary expenditures . . . incurred by…

Justia Opinion Summary: The Court of Appeal reversed the order awarding sanctions and held that there was no evidence to support finding that the attorney violated Code of Civil Procedure section 128.7. The court held that there was no evidence…

Justia Opinion Summary: The Court of Appeal affirmed three postjudgment orders thwarting New Start's attempts to collect on a judgment against defendant, and imposing sanctions against it. The rulings were based on the trial court's conclusion…

Justia Opinion Summary: The defendants are Fair, an attorney, and limited liability companies Fair formed in 2007, which own Arizona apartment units. Plaintiffs are a California limited partnership and a nonattorney individual investor, who…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of defendants in an action involving proceeds awarded to its tenants as part of an eminent domain proceeding. The court rejected plaintiff's contention…

Justia Opinion Summary: Defendant Christopher Wright admitted a felony violation of Penal Code section 530.5 (c)(3), acquiring personal identifying information with intent to defraud, in relation to the possession of about 60 credit cards,…

Justia Opinion Summary: Defendant Native Wholesale Supply Company (NWS), an Indian-chartered corporation headquartered on a reservation in New York, sold over a billion contraband cigarettes to an Indian tribe in California, which then sold the…

Justia Opinion Summary: From 2013 through 2015, defendant Eliberto Jacobo, a middle-aged male, used a Facebook account with the fictional female persona of "Marlissa" to send "friend requests" to seven females under age 18, each of whom…

Justia Opinion Summary: Defendant The Irvine Company owned various retail centers in California, including the Fashion Island Shopping Center in the City of Newport Beach, and the Irvine Spectrum Center in the City of Irvine. Both centers draw…

Justia Opinion Summary: Brackins was convicted of aggravated assault (Pen. Code 245(a)(4)),1 inflicting corporal injury on a former cohabitant (section 273.5(a)), attempting to dissuade a witness (section 136.1(b)(1)), and misdemeanor vandalism…

Justia Opinion Summary: Sue Watkins defaulted on a credit card she opened through Citibank. Citibank charged off the debt, eventually selling the account to a third party debt collection agency, Cavalry SPV I, LLC (Cavalry). Cavalry added…

Justia Opinion Summary: Convicted of making criminal threats and exhibiting a deadly weapon, Weaver was sentenced to four years in prison. Weaver claimed that the trial court erred by failing to hold a hearing on a Marsden motion to discharge…

Justia Opinion Summary: Chen was charged with cultivating marijuana, possession of marijuana for sale, and theft of services. The arraignment form stated, “If you are not a United States citizen, a plea of Guilty or No Contest could result in…

Justia Opinion Summary: In 1991 Wiley was convicted of first-degree murder, second-degree robbery, and kidnapping. He was sentenced to 26 years to life in prison. In March 2017, Wiley was released on parole. Between August and November 2017 he…

Justia Opinion Summary: Julian Union Elementary School District (Julian) and Diego Plus Education Corporation (Diego Plus) doing business as Diego Valley Public Charter (Diego Valley, together appellants) appealed an attorney fee award to…

Justia Opinion Summary: Defendant-appellant Carl Jones was convicted of felony sodomy of an unconscious victim pursuant to Penal Code section 286(f). The trial exhibits included a video recording where Jones’s roommate recounted what she had…

Justia Opinion Summary: Petitioners, three rural telephone companies, challenged the Commissions' decision establishing petitioners' "cost of capital," which reflects a company's cost of generating or obtaining capital investment in assets that…

Justia Opinion Summary: The case arose from a landlord’s repeated refusal to consent to the proposed assignment of a ground lease for the anchor space in a shopping center. The plaintiffs were the entities that wished to assign the leasehold…

Justia Opinion Summary: Medi–Cal, California’s program under the joint federal-state Medicaid program (Welf. & Inst. Code 14000), provides health care services to certain low-income individuals and families, including the aged, blind, disabled,…

Justia Opinion Summary: Defendant Brian Koback walked into a rental car company office and stole a set of car keys. When confronted by three employees in the parking lot, defendant told the men to back off or he would “f*ck” them up. He then…

Justia Opinion Summary: The State sought a writ of mandate to command the trial court to honor the affidavit of prejudice (peremptory challenge) they filed against the trial court judge Joel Agron, under Code of Civil Procedure section 170.6.…

Justia Opinion Summary: The court held that, in a contested case, a party (typically a defendant) seeking to reduce an award of future damages to present value bears the burden of proving an appropriate method of doing so, including an…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of plaintiff's motion for costs of proof after State Farm denied eight of his requests for admissions. The court held that the trial court incorrectly placed on…

Justia Opinion Summary: After 14 years of employment, Clare Byrd received a Notice of Pending Dismissal from her position as Administrative Analyst/Specialist at San Diego State University (SDSU), part of the California State University (CSU)…

Justia Opinion Summary: In 2016, the California Legislature created a new law, which became effective in January 2017, allowing a person who was no longer in custody to file a motion to vacate a conviction because: “The conviction or sentence…

Justia Opinion Summary: In 2017, appellants were charged with multiple counts of second-degree robbery and one count of receiving stolen property based on a series of robberies in 2012. Farr was also charged with second-degree burglary, making…

Justia Opinion Summary: In 2013, officers executed a search warrant for a Ukiah residence and seized 107 pounds of marijuana, four grams of methamphetamine, drug paraphernalia, a vacuum-sealing device, and 60 pounds of marijuana shake.…

Justia Opinion Summary: JRE filed suit against defendants in an action stemming from a dispute concerning a television production based on the life of the Mexican-American celebrity Jenni Rivera. JRE filed suit against Rivera's former manager,…

Justia Opinion Summary: While Ethan Lomeli's guardian filed suit against medical care providers for his catastrophic birth injuries, Medi-Cal paid for his care before and during the lawsuit. After Lomeli settled with defendants, the Department…

Justia Opinion Summary: LeRoy Guillory and 11 other plaintiffs appealed the denial of their 42 U.S.C. 1988 motion for attorney fees as prevailing parties in their civil rights claim against defendant Orange County Sheriff’s Department…

Justia Opinion Summary: Pneuma sued a former employee, a competitor that employee went to work for, and a Pneuma investor, alleging several business torts including claims under the Comprehensive Computer Data Access and Fraud Act (Pen. Code…

Justia Opinion Summary: January 13, 2017, a Sonoma County Permit and Resource Management Department engineer inspected respondent’s property and observed inadequate and unpermitted retaining walls, one of which directed water to a single point…

Justia Opinion Summary: The Court of Appeal affirmed the probate court's order denying plaintiffs' request, following the death of their daughter, that the remainder of their daughter's special needs trust be distributed to them rather than to…

Justia Opinion Summary: Anthony Korwin was convicted by jury of: attempting to commit a lewd act upon a child, (count 1); contacting a minor with knowledge and intent to commit a sexual offense (count 2); and meeting with a minor for lewd…

Justia Opinion Summary: J.M., a minor, was adjudged a ward of the court and placed on probation with various terms and conditions after he made a false report that a bomb or other explosive device would be placed in his school. In the published…

Justia Opinion Summary: James Toledano was convicted by jury of conspiracy to commit extortion and attempted extortion. Toledano challenged the sufficiency of the evidence to support his convictions, and asserted the trial court misinstructed…

Justia Opinion Summary: Six Flags, a Vallejo amusement park, features rides and animal attractions on 138 acres, including a ticketed interior portion with the entertainment activities and an exterior portion with an admissions area connected…

Justia Opinion Summary: The trial court granted an injunction in favor of plaintiffs, finding that defendants violated the view protection provisions of paragraphs 1 and 11 of the covenants, conditions and restrictions (CC&R's) applicable to…

Justia Opinion Summary: Posing as undercover police officers, defendant Robert Montalvo and a female associate committed two robberies: they took money from a couple at a hotel, and they pretended to be conducting a prostitution sting operation…

Justia Opinion Summary: Plaintiffs-appellants Glenn Moss, Jeri Moss, and Moss Bros. Auto Group, Inc. (collectively, Moss) filed a complaint against defendants-respondents Dale Duncan, CPA, and Rogers, Clem & Company, an accountancy organization…

Justia Opinion Summary: Christopher Ross appealed the grant of summary judgment entered in favor of the County of Riverside on Ross's claims for violation of Labor Code section 1102.5 and for violation of the provisions in the Fair Employment…

Justia Opinion Summary: Manish and Priyanka married in 2014. Manish filed a petition for nullity of marriage in December 2015, alleging that the marriage was voidable based on fraud. Priyanka filed a response, denying the allegations but…

Justia Opinion Summary: Tanguilig, then 74 years old, sought a restraining order against his neighbor, Valdez, under Welfare and Institutions Code section 15657.03, alleging elder abuse. Tanguilig also sought protection for four members of his…

Justia Opinion Summary: This case presented a narrow question of whether Senate Bill No. 1391 (Stats. 2018, ch. 1012, section 1) (S.B. 1391) was void as an unconstitutional amendment to Welfare and Institutions Code section 707 as modified by…

Justia Opinion Summary: Bankers posted a $25,000 bail bond for the defendant for misdemeanor charges. Defendant had a court date of July 19, at 1:30 p.m. On July 19, during the afternoon session, the trial court stated on the record that…

Justia Opinion Summary: Plaintiff appealed the trial court's award of fees following a settlement of plaintiff's lawsuit against Mercedes-Benz. Determining that it had jurisdiction, the Court of Appeal held that plaintiff was entitled to…

Justia Opinion Summary: The trial court in its role as an independent factfinder had the authority to condition a denial of a new trial motion asserting excessive damages on plaintiff's acceptance of a reduced award in accordance with Code of…

Justia Opinion Summary: After years of investigation, the San Diego Regional Water Quality Control Board (Regional Board), issued a cleanup and abatement order (CAO) to San Diego Gas & Electric Company (SDG&E) and several other entities, in…

Justia Opinion Summary: Defendant, a former police officer, challenged his conviction for unnecessarily assaulting or beating another person while acting under color of authority. The Court of Appeal held that Penal Code section 149 is governed…

Justia Opinion Summary: Hoag, a Newport Beach acute care hospital whose patients include beneficiaries of California’s Medi-Cal program, was audited by the California Department of Health Care Services. Hoag’s cost report for fiscal year 2009…

Justia Opinion Summary: Brandon M. was taken to Riverside County Medical Center by the Corona Police Department for an involuntary hold, pursuant to Welfare and Institutions Code section 5150. He was released before 72 hours had elapsed, and he…

Justia Opinion Summary: Orozco opened Pauly’s Famous Franks N Fries at San Jose's "The Plant" shopping center. Before signing a 10-year lease, he asked the leasing manager whether restaurants with competing concepts or products were being…

Justia Opinion Summary: Wife moved out of the couple's joint tenancy property and sought dissolution of marriage. The summons included an automatic Family Code section 2040 order, prohibiting the parties from transferring property without the…

Justia Opinion Summary: Mother has legal and physical custody of the child. Father was ordered to pay one-half of reasonable childcare costs. Mother sought an order, directing Father to pay one-half of childcare costs incurred while she…

Justia Opinion Summary: The Medical Board of California sought the medical records of three minors for whom Dr. Kennedy provided vaccination exemptions. After Kennedy refused to produce the records, the Director superior court granted a…

Justia Opinion Summary: After the Department rescinded plaintiff's probationary promotion to lieutenant based on investigatory findings that he had failed to report a use of force several months before the Department promoted him to the…

Justia Opinion Summary: Citizens submitted a referendum petition to challenge Amador Water Agency’s Board Resolution No. 2015-19, adopting new water service rates for Agency customers. The Clerk of the Agency rejected the referendum petition…

Justia Opinion Summary: The Center for Biological Diversity appealed the denial of its petition for a writ of mandate challenging an environmental impact report (EIR) prepared by the California Department of Conservation, Division of Oil, Gas…

Justia Opinion Summary: Defendant Douglas McShane's teenage daughter ran away from home. At the daughter’s urging, three of her friends tried to steal defendant’s truck. Defendant stumbled across the theft in progress, chased the thieves, and…

Justia Opinion Summary: Defendant-appellant Tanner Polk, an inmate at the California Rehabilitation Center in Norco, was found in his cell with eight small pieces of cut-up and numbered paper, along with a greeting card. The correctional…

Justia Opinion Summary: Plaintiff-petitioner Jane Doe, a student-employee in the campus police department at Southwestern College, brought claims relating to sexual harassment and sexual assault against defendants-real parties Southwestern…

Justia Opinion Summary: This appeal stemmed from a civil action brought by United Grand to recover overdue rent from Malibu Hillbillies and its guarantor. After a default judgment, United Grand sought almost $2 million in attorney fees for its…

Justia Opinion Summary: At the direction of the trial court, respondent Rebecca Tam filed a petition seeking to join appellant Dr. John Kachorek as a party to the marital dissolution proceeding between her and her former husband, Paul Benner.…

Justia Opinion Summary: Defendant Shelly John was permitted to plead guilty to felony offenses alleged against her. The trial court accepted a stipulation she was insane at the time she committed the offenses, and she should serve her sentence…

Justia Opinion Summary: Uber is a “transportation networking company” (TNC) regulated by the California Public Utility Commission (CPUC). All TNCs must submit annual reports to the CPUC, containing specified data, and file an annual…

Justia Opinion Summary: Five defendants, all of whom were serving a sentence for a conviction of Penal Code section 4573.6, an offense that is no longer a crime pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act (Health & Saf.…

Justia Opinion Summary: Edith Rogers appealed her removal as administrator of the estate of her grandfather Roscoe Sapp, Sr. (decedent), who died in 1994. Armuress Sapp and Brian Lincoln, two of decedent’s grandsons, separately petitioned to…

Justia Opinion Summary: From 2011 to 2015, Appellant Attorney Joanna Vogel represented plaintiff-respondent Angele Lasalle in the dissolution of a registered domestic partnership with Minh Tho Si Luu. Lasalle repeatedly failed to provide…

Justia Opinion Summary: Plaintiffs, former Safeway employees, appealed the trial court's judgment against them on two causes of action under the unfair competition law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA). The…

Justia Opinion Summary: Christopher Ross appeals from a summary judgment granted in favor of the County of Riverside on Ross's claims for violation of Labor Code section 1102.5 and for violation of the provisions in the Fair Employment and…

Justia Opinion Summary: After being charged with several felony offenses, defendant-respondent Martell Kidd was twice unsuccessful in having the evidence against him suppressed on motions brought pursuant to Penal Code section 1538.5, first at…

Justia Opinion Summary: Amalgamated Transit Union, Local 276 and its president, Alan Wagner (collectively, the Union) brought this mandamus petition against the San Joaquin Regional Transit District (the District), alleging the Union had the…

Justia Opinion Summary: After Wertheim LLC obtained a money judgment against Currency Corporation, Wertheim sought to satisfy the judgment from the appeal bond but Currency blocked disbursement. Wertheim and Currency later litigated their…

Justia Opinion Summary: After Philip and Febi Mettias died from complications associated with mesothelioma, their children brought a wrongful death action against various defendants. The jury returned a special verdict in favor of Honeywell…

Justia Opinion Summary: After successfully obtaining summary judgment on a lawsuit brought by his former employer, Antonio Cuevas-Martinez sued the employer and their attorney (collectively, respondents) for malicious prosecution. Respondents…

Justia Opinion Summary: California case law establishes that "lawful possession" simply means actual, peaceful possession and a person with actual possession can sue for trespass even if he or she does not have any legal rights in the land.…

Justia Opinion Summary: After the trial court awarded sanctions in the form of attorney fees against real parties in interest for filing a frivolous anti-SLAPP motion, real parties appealed the sanction order. The anti-SLAPP motion concerned…

Justia Opinion Summary: An employer's decision to deny or modify a physician's request for specific medical services for an injured employee is subject to review under the "utilization review" process; utilization review is handled by medical…

Justia Opinion Summary: A jury convicted defendant Salvador Gutierrez of nine counts of committing lewd and lascivious acts upon a child. In a bifurcated proceeding, the court found true that defendant had been convicted of two serious felonies…

Justia Opinion Summary: A general contractor was covered as an additional insured on a commercial general liability (CGL) policy issued to its roofing subcontractor. The insurer refused to defend the general contractor after it was sued by…

Justia Opinion Summary: The Court of Appeals' decision issued May 7, 2019 was modified. On a Saturday night of a long July 4th holiday weekend, defendant Shane Warner took a semiautomatic hand gun, concealed in his waistband into a bar and shot…

Justia Opinion Summary: Berger hired the Varum defendants to design and provide technical support for constructing a building in San Francisco. Significant problems with the design emerged during demolition and construction so that Berger had…

Justia Opinion Summary: In 1996, Osotonu and other were charged with three counts of second-degree burglary, six counts of possession of a destructive device near certain places, five counts of sale or transportation of a destructive device,…

Justia Opinion Summary: J.M. (aged 14) and another female minor attacked minor Jane at a cemetery. They took turns slapping, punching and kicking Jane and pulling her hair. Jane estimated that the attack lasted 10 minutes; her injuries included…

Justia Opinion Summary: Defendant-appellant and Jordanian citizen Kamal Abdul Fryhaat had been living in the United States for over 30 years. In 2001, he pleaded guilty to various drug-related offenses and admitted to having suffered a prior…

Justia Opinion Summary: Catambay’s husband was sued in Santa Clara County for embezzlement. Longview International won a judgment for more than one million dollars and recorded an abstract of judgment in San Mateo County, creating a judgment…

Justia Opinion Summary: Plaintiffs Clara and Vaughn Stokes filed suit alleging that defendant, Dr. Ellen Baker M.D., negligently failed to diagnose a subarachnoid hemorrhage afflicting Ms. Stokes when she was presented to Dr. Baker's emergency…

Justia Opinion Summary: A jury convicted Joseph Gentile of first degree murder in connection with the 2014 beating death of Guillermo Saavedra by means of using a golf club, wooden chair, and a beer bottle. The prosecution’s main witness…

Justia Opinion Summary: Defendant appealed the denial of his petition to compel arbitration of a fee dispute with his former attorneys pursuant to the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200, et seq. The…

Justia Opinion Summary: Defendant Allen Bocteemus Franks killed his girlfriend. On appeal, defendant contended his conviction for voluntary manslaughter had to be overturned due to his counsel’s implicit concession during closing argument that…

Justia Opinion Summary: Antonio Hurtado appealed an order requiring him to pay victim restitution to the City of San Diego (City) for seven incidents of graffiti. Hurtado argued the City's method for calculating restitution was "generalized and…

Justia Opinion Summary: Plaintiff Shawn Bennett sued defendant Rancho California Water District (the District) for whistleblower retaliation in violation of Labor Code section 1102.5(b). The matter was tried in front of a jury, and the trial…

Justia Opinion Summary: Criminal and civil protective orders may coexist, and the issuance of one does not bar the other. Plaintiff challenged the family court's denial of her request for a domestic violence restraining order (DVRO) against her…

Justia Opinion Summary: Plaintiff Stanley Jozefowicz owned a mobilehome that was damaged in a fire. At the time, Jozefowicz’s mobilehome was insured under an Allstate homeowners policy. Jozefowicz submitted a claim to Allstate for the fire…

Justia Opinion Summary: Nevell Group, Inc. (Nevell) filed a motion to compel arbitration of the claims filed against it by former employee Xavier Nunez. Nevell and the union to which Nunez belonged were parties to a collective bargaining…

Justia Opinion Summary: Natalia and Peter Miotke began communicating in 1995. Natalia lived in Russia and Peter in the U.S. Both were trained architects. All of their correspondence was in English. Natalia began working for a Houston…

Justia Opinion Summary: After a Welfare and Institutions Code section 366.26 hearing, the parental rights for eight-year-old B.D. were terminated. The court approved a permanent plan of adoption and determined that the parents failed to meet…

Justia Opinion Summary: Richard Austin appealed a trial court order finding him in violation of a special condition of parole (condition 25) restricting him from contacting the "crime victim(s)," specified as "Lisa [H.] or Brent [M.]" According…

Justia Opinion Summary: The juvenile court found E.P. committed second degree burglary, possessed graffiti tools, received stolen property, and illegally possessed an alcoholic beverage. The Court of Appeal initially concluded that the evidence…

Justia Opinion Summary: This appeal presented an issue regarding the effect of Labor Code section 218.5 on a prevailing party employer’s right to recover contract-based attorney fees from an employee. In this case, Dane-Elec Corporation USA…

Justia Opinion Summary: Kahan purchased property in Richmond at a foreclosure sale. Shortly before the sale, the city had recorded a “special assessment” lien against the property for unpaid garbage collection fees, pursuant to a municipal…

Justia Opinion Summary: Timlick filed a class action complaint, alleging that after defaulting on a loan, Timlick received a collection letter from a third-party debt collector (NES) that did not comply with section 1812.701(b) of the Consumer…

Justia Opinion Summary: Plaintiff, appearing in propria persona, appealed from the denial of his petition for a writ of mandate directing the California Army National Guard (CAARNG) to vacate an order separating him, a commissioned officer,…

Justia Opinion Summary: Defendant was convicted of indecent exposure. Because the conviction was his sixth one, the offense was a felony and he was sentenced to 7 years in prison. In the published portion of the opinion, the Court of Appeal…

Justia Opinion Summary: Galindo pled no contest to mayhem and admitted two prior serious felony conviction allegations pursuant to a plea bargain. The court of appeal upheld his 19-year prison sentence, rejecting Galindo’s claim that his case…

Justia Opinion Summary: Yolanda Astorga-Lider pled guilty to six felony counts, including two counts of violating Penal Code section 115 (a). One of those counts, grand theft (count 6), involved Astorga-Lider encumbering certain real property,…

Justia Opinion Summary: Grandberry was charged with unlawful possession of a dirk or dagger while confined in state prison with prior strike offenses: a 1996 conviction for first-degree murder and a 1988 conviction for second-degree robbery.…

Justia Opinion Summary: Almost twenty years after four dentists formed a partnership to acquire and maintain a dental office building, the then-partners amended their agreement to allow one of the partners, Dr. Richard Hallberg, to assign his…

Justia Opinion Summary: Plaintiffs-appellants Citizens Oversight, Inc., a Delaware non-profit corporation, and Raymond Lutz (collectively, "Citizens") filed an action against defendants-respondents Michael Vu, the San Diego Registrar of Voters,…

Justia Opinion Summary: In a third amended complaint, plaintiff-appellant Luis Shalabi sued defendants-respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights (42 U.S.C. 1983). Shalabi alleged that…

Justia Opinion Summary: Richmond Police Officer Gault and his colleagues conducted a traffic stop of a vehicle driven by Navarro. Reyes sat in the front passenger seat with a lunch pail on his lap. Gault suspected Reyes “was trying to hide…

Justia Opinion Summary: At issue in this case was whether a school district may be permitted to avoid its responsibility to provide special education and related services to an eligible student to fund the placement of a child with severe…

Justia Opinion Summary: Plaintiff Dr. Robert Paxton reviewed claims for disability benefits for the Department of Social Services, where he worked. This dispute arose after the California Public Employees’ Retirement System (CalPERS) determined…

Justia Opinion Summary: In 2012, appellant Stephen Taulbee suffered catastrophic injuries after driving his Jeep into the back of a truck parked in a triangular-shaped zone demarcated by the freeway and the exit ramp (gore point). Taulbee and…

Justia Opinion Summary: GEICO appealed a judgment awarding punitive damages to plaintiff for GEICO's bad faith breach of an insurance contract. The Court of Appeal affirmed the punitive damages award and held that there was sufficient evidence…

Justia Opinion Summary: In this dissolution proceeding, Stephanie George appeals an order requiring her to pay $10,000 in sanctions pursuant to Family Code section 271 to her ex-husband Daniel Deamon after Deamon was required to file a motion…

Justia Opinion Summary: This case involved a crime that started as an attempted robbery, and ended in the death of three individuals: the victim of the attempted robbery and two of the defendants' cohorts involved in that crime. A jury…

Justia Opinion Summary: Appellant Molly Kent challenged a specific ruling of the family court on her request to modify a child custody and child support order issued by a North Carolina court. The family court granted in part and denied in part…

Justia Opinion Summary: Plaintiff-appellant Patrick Barber's second appeal in this case raised an issue of first impression for the Court of Appeal's review. Upon remand from Barber’s first appeal (Barber I), defendant-respondent, the…

Justia Opinion Summary: Richard Molina challenged a trial court’s order denying his petition for writ of mandate to vacate his conviction pursuant to California v. Rodriguez, 55 Cal.4th 1125 (2012). Molina argued, and the Orange County District…

Justia Opinion Summary: After he molested his niece, Montiel was convicted of sexual penetration of a child 10 years of age or younger and of lewd or lascivious acts with a child under 14 years old and was sentenced to 15 years to life in…

Justia Opinion Summary: The Mitigation Fee Act (Gov. Code 66000) authorizes local agencies to impose fees on development projects to defray the cost of public facilities needed to serve the growth caused by the project if the fees are…

Justia Opinion Summary: After Huntington Park enacted and extended an urgency ordinance that imposed a temporary moratorium on charter schools while it considered amending its zoning code, the Association petitioned for writ of mandate seeking…

Justia Opinion Summary: Penal Code section 1381, which states that a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other "pending . . .criminal proceeding,"…

Justia Opinion Summary: Proposition 66's procedures for appealing the denial of a petition for a writ of habeas corpus from the superior court to the Court of Appeal apply to a petition originally filed with the Supreme Court prior to…

Justia Opinion Summary: Plaintiff filed a petition for writ of administrative mandamus, challenging both the Board's tree removal order and the cessation of his water deliveries. The Court of Appeal affirmed the trial court's denial of the…

Justia Opinion Summary: in 2005, the plaintiff in this matter, Ralph Colombo, was sued by his homeowners association, Nellie Gail Ranch Owners Association (Nellie Gail), in Orange County Superior Court. In March 2007, Nellie Gail obtained a…

Justia Opinion Summary: Convicted on 15 counts of sexually molesting three victims over a two-year period, Jimenez was sentenced to an indeterminate term of 175 years to life in prison and a determinate term of four years four months; the…

Justia Opinion Summary: The Los Angeles County Civil Service Commission's special and limited jurisdiction does not extend to matters not delegated to it by the Charter of the County of Los Angeles. Real party in interest, who worked for the…

Justia Opinion Summary: Gomes, a Mendocino County homeowner, sought to invalidate an ordinance of the Mendocino City Community Services District, limiting the quantity of groundwater he may extract from his property. He contends that the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's dismissal of plaintiff's Second Amended Complaint (SAC) against the school district and six of its employees, alleging a pattern of harassment, discrimination and…

Justia Opinion Summary: Plaintiff filed suit against the school district, alleging negligent supervision arising out of her claim that she was sexually abused by her high school teacher. Plaintiff also alleged that the school district knew or…

Justia Opinion Summary: A jury convicted Richard Zamora of one count each of attempted murder, assault with a deadly weapon (handgun), robbery, and criminal threats. He was convicted on two counts of being a felon in possession of a firearm. In…

Justia Opinion Summary: To secure a criminal defendant’s release from custody, appellant Seneca Insurance Company posted a $100,000 bail bond. The defendant later failed to appear in court as ordered, so the trial court ordered the bond…

Justia Opinion Summary: After plaintiffs filed suit against the Association and property manager for breach of contract and negligence, the trial court granted a nonsuit. Plaintiffs settled with the property manager but appealed against the…

Justia Opinion Summary: Penal Code section 1170.95's petitioning procedure applies to a juvenile, like the one in this case, whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to the…

Justia Opinion Summary: Code of Civil Procedure 418.10 applies before a defendant has made a general appearance. It allows a defendant filing a motion to dismiss an action for lack of personal jurisdiction to file simultaneously a motion to…

Justia Opinion Summary: In two unrelated transactions, Front Line Motor Cars (Dealer), a used car dealer licensed by the California Department of Motor Vehicles (DMV), repossessed cars after the buyers failed to obtain financing. Dealer then…

Justia Opinion Summary: A jury convicted Johnson of rape of an intoxicated person (Pen. Code 261(a)(3)) and the trial court sentenced him to eight years in prison. The court of appeal affirmed, rejecting an argument that the statute defining…

Justia Opinion Summary: Appellant prevailed against respondents on causes of action that included fraud, conversion of property, and treble damages under Penal Code section 496. At issue on appeal, was the section 496 causes of action. In this…

Justia Opinion Summary: In February 2013, plaintiff, an attorney acting in pro per, filed suit, claiming breach of fiduciary duty and conversion. In May 2013, attorney Mencher filed a general denial answer on behalf of the defendants, asserting…

Justia Opinion Summary: Defendant-appellant Ricardo Lara, the California Insurance Commissioner, filed a notice of noncompliance against plaintiffs-respondents Mercury Insurance Company, Mercury Casualty Company, and California Automobile…

Justia Opinion Summary: Recognizing she suffered from addiction, S.D. (mother) agreed to let her ex-husband, E.D. (father), assume full custody of their two daughters, who had previously lived primarily with her, until she could get clean and…

Justia Opinion Summary: A jury found defendants Luis Alberto Ramirez and Jose Roberto Armendariz committed two gang-related murders when they were juveniles. The trial court originally sentenced Ramirez to life without the possibility of…

Justia Opinion Summary: The Court of Appeal modified its prior opinion and inserted the following paragraph: The probate court's orders (1) striking Key's No Contest Petition under Code of Civil Procedure section 425.16; (2) awarding attorney…

Justia Opinion Summary: Plaintiff filed suit against the Kabbalah Centre International, seeking the return of a half million dollars she donated. The Court of Appeal held that the trial court properly granted summary adjudication against…

Justia Opinion Summary: This case had its origins in a shooting at a crowded bar. Defendant Shane Warner took a semiautomatic hand gun, concealed in his waistband into a bar and shot across the bar’s semi-dark dance floor, illuminated by a…

Justia Opinion Summary: Defendant David Richard Bates was tried by jury and found guilty of voluntary manslaughter in the shooting death of M.H. He was sentenced to 18 years in state prison. On appeal, defendant contended the trial court erred…

Justia Opinion Summary: Fox was charged with eight felony counts, including two counts of attempted murder, and several firearm enhancements. He pleaded guilty to a single count of robbery, admitted to personally using a firearm during the…

Justia Opinion Summary: A person charged with crime may not stand trial if he is mentally incompetent. Once defense counsel declares a doubt as to competence, it may not be withdrawn. The issue can only be resolved upon a trial court finding of…

Justia Opinion Summary: Defendant Sara Salcido provided immigration services. Under the Immigration Consultant Act (Act), with certain exceptions, it is illegal for a person to act as an “immigration consultant” (as defined in the Act) unless…

Justia Opinion Summary: Plaintiff, who has been adjudicated a vexatious litigant, appealed the trial court's grant of its own motion to strike under Code of Civil Procedure section 436 and motion for judgment on the pleadings under section 438.…

Justia Opinion Summary: A jury found Rennard Cawkwell guilty of communicating with a minor with the intent to commit a specified sex offense, and annoying or molesting a child. The trial court sentenced him to four years in prison and ordered…

Justia Opinion Summary: Defendant Roy Miller Freight Lines, LLC (RMFL) appealed a trial court order granting in part and denying in part its motion to compel its former employee, plaintiff William Muller (Muller), to arbitrate his wage and hour…

Justia Opinion Summary: Defendant Jedadiah Bolding was convicted of one count of grand theft and eight counts of money laundering. On appeal, he challenged his money laundering convictions, in part, on the ground that the prosecution failed to…

Justia Opinion Summary: The Taniguchis obtained a $510,500 home loan, secured by a deed of trust. A 2009 loan modification reduced their monthly payments and deferred until the loan's maturity approximately $116,000 of indebtedness. The…

Justia Opinion Summary: Proposition 57, enacted by voters in 2016, eliminated a district attorney’s ability to “direct file” charges in criminal court against minors who were 14 years of age or older at the time of their alleged crimes.…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order dismissing a civil commitment petition after respondent was identified as a sexually violent predator (SVP). The court held that the Sexually Violent Predator Act…

Justia Opinion Summary: Petitioner Gregory White challenged the constitutionality of his conviction for second degree felony murder on the basis of the United States Supreme Court’s decision in Johnson v. United States, 135 S.Ct. 2551 (2015),…

Justia Opinion Summary: Goldstein worked until March 2013. The Employment Development Department (EDD) granted him unemployment insurance benefits, which he received in March 2013 through August 10, 2013. In August 2013, he successfully applied…

Justia Opinion Summary: Pacifica, a California non-profit corporation, owns and operates public radio stations, including KPFK in Los Angeles. Brown was elected to be a “Delegate” of KPFK and subsequently to a position on Pacifica’s National…

Justia Opinion Summary: McGhee pleaded guilty to first-degree burglary. He received a four-year prison sentence. In 2016, the electorate passed Proposition 57, amending the state Constitution, “[a]ny person convicted of a nonviolent felony…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of four counts of lewd acts upon a child and one count of sexual penetration with a child under 10 years old. The court held, among other things, that the People's…

Justia Opinion Summary: Appellant Accredited Surety & Casualty Company (Accredited) appealed an order denying a motion to vacate forfeiture, exonerate bail, and set aside the summary judgment. Accredited contended: (1) the bail was set…

Justia Opinion Summary: In this case, the trial court granted petitioner Jason Berg's petition for writ of habeas corpus, and the Court of Appeal issued an opinion in a prior appeal that constituted an "unqualified affirmance" of the order…

Justia Opinion Summary: This case involved a crime that started as an attempted robbery, and ended in the death of three individuals: the victim of the attempted robbery and two of the defendants' cohorts involved in that crime. A jury…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of felony hit-and-run driving causing death or injury to another. On appeal, defendant argued that the trial court committed evidentiary error by precluding admission…

Justia Opinion Summary: Landlord filed an unlawful detainer action against tenants. At issue was whether the property fell within the single-family dwelling exemption to the Rent Stabilization Ordinance of the City of Los Angeles. The Court of…

Justia Opinion Summary: The Mitigation Fee Act, Government Code 66000-66003, requires local agencies seeking to impose fees on private developers as a condition of approval of a development, to determine how there is a “reasonable relationship”…

Justia Opinion Summary: After plaintiff was injured while giving a tour of a noted architectural residence, he filed suit against James Goldstein and Ring the Alarm, LLC, the entity that hired him and hosted the party. The Court of Appeal held…

Justia Opinion Summary: Defendant appealed the denial of his motion to withdraw his no contest plea to driving with a blood-alcohol level of 0.08 percent or more within 10 years of a prior felony DUI conviction, driving with a suspended…

Justia Opinion Summary: The portion of CALCRIM No. 334 that instructs the jury that the burden is on the defendant to prove that it is more likely than not that the witness was an accomplice, should be omitted when the defendant is charged with…

Justia Opinion Summary: Defendant Devashish Mazumder was charged with two assaultive felony sex offenses. As part of a negotiated plea, the State dismissed the two felony counts and Mazumder pleaded guilty to one count of misdemeanor simple…

Justia Opinion Summary: Webcor, the general contractor for the rehabilitation of the California Memorial Football Stadium in Berkeley, hired ACCO to perform ventilation and plumbing services. Strouse, an ACCO employee, suffered a workplace…

Justia Opinion Summary: The San Mateo County Assessor assessed Silverado’s assisted living facility’s fair market value for property tax purposes at $26.4 million for the October 2011 base year value assessment and the 2012/2013 regular…

Justia Opinion Summary: Defendant was convicted of one count of second degree robbery and sentenced to nine years in prison. The Court of Appeal held that defendant did not forfeit his challenge to the trial court's reimbursement order under…

Justia Opinion Summary: Plaintiff challenged Westmont's Student Conduct Panel's determination that the evidence supported Jane Roe's accusation of sexual assault while plaintiff and Jane were students at the college. The Court of Appeal…

Justia Opinion Summary: This case involved issuance of a revised permit for the Potrero Hills Landfill in Solano County, pursuant to the California Integrated Waste Management Act. Appellant Sustainability, Parks, Recycling and Wildlife Defense…

Justia Opinion Summary: The Division of Recycling within the Department of Resources Recycling and Recovery (CalRecycle) granted Carolina Poncio a probationary certificate to run a recycling center. CalRecycle revoked her probationary…

Justia Opinion Summary: The County of San Diego Department of Child Support Services (the Department) challenged an order denying its request for establishment of child support against C.A. (Mother), for her daughter J.H. J.H. lived in Maryland…

Justia Opinion Summary: In March 2003, Raul Novoa pled guilty to possession of methamphetamine for sale. The trial court sentenced him to 180 days in county jail and three years' probation. In 2012, the United States began deportation…

Justia Opinion Summary: Defendant Edlighten Learning Solutions appealed a court order denying its petition to compel arbitration. Defendant entered into three contracts with plaintiff Oxford Preparatory Academy. One of the contracts was a…

Justia Opinion Summary: A wife sought a domestic violence restraining order (DVRO) against her husband for violating the temporary restraining order (TRO) a trial court had issued against the husband eight months earlier. The court denied the…

Justia Opinion Summary: In 1991, 70-year-old Cary was shot and killed as she made a night deposit of the receipts from the liquor store where she worked. Davis, Taylor, Shackelfoot, and Lawless had planned the robbery. Davis attempted the…

Justia Opinion Summary: Plaintiff appealed the probate court's order striking her petition to enforce a no contest clause in a trust under the anti-SLAPP statute, Code of Civil Procedure 425.16, and denying her motion to recover attorney…

Justia Opinion Summary: In 2015, Krein, a Tuolomne Water District employee, fell from a bridge and “sustained paraplegic injuries.” Du-All had contracted to periodically inspect the wastewater treatment plant, including the Bridge. Plaintiffs…

Justia Opinion Summary: Defendant was convicted of aggravated arson, arson of a structure, arson of an inhabited structure, possession of flammable material, and second degree burglary arising from the 2011 burning down of St. John Vianney…

Justia Opinion Summary: The Court of Appeal affirmed defendant's two convictions for using his car in an assault with a deadly weapon. The court held that substantial evidence supported defendant's conviction where he raced across an…

Justia Opinion Summary: In 2008, Lucinda Cox and Hollis Griffin, who had been friends for over 20 years, opened a cosmetology school together. Cox was one of the school's teachers and Griffin handled administration. The relationship…

Justia Opinion Summary: Plaintiffs, former and current members of the band WAR, filed suit for breach of contract, alleging that their music publisher failed to pay them a share of the royalties generated from public performances of the band's…

Justia Opinion Summary: In the underlying actions, the People asserted claims under Business and Professions Code section 17501 against real parties in interest and alleged that real parties sold products online by means of misleading,…

Justia Opinion Summary: Burch contracted mesothelioma following many years of installing asbestos-cement (A/C) pipe throughout California. Burch sued CertainTeed, an A/C pipe manufacturer, and won a verdict on claims for negligence, failure to…

Justia Opinion Summary: Plaintiff, while a director of a nonprofit public benefit corporation called Wildlife Waystation, filed suit against defendants alleging claims of self-dealing and misconduct. The trial court sustained defendants'…

Justia Opinion Summary: Senate Bill No. 620 does not contain language authorizing resentencing of convictions after they became final. The Court of Appeal dismissed defendant's appeal challenging the trial court's order denying his motion to…

Justia Opinion Summary: After plaintiff's administrative claim for an increase in the family's adoption assistance program (AAP) payments based on California State Foster Parent Assn. v. Wagner, (9th Cir. 2010) 624 F.3d 974, 978, was denied,…

Justia Opinion Summary: An onlooker called 911 to report that defendant Marcus Washington was walking around flashing a gun. Defendant fled on foot from responding police; officers eventually arrested defendant and recovered a loaded magazine…

Justia Opinion Summary: During his trial for the attempted murder of a police officer, defendant Roberto Flores repeatedly objected to his counsel's decision to admit Flores was driving the car that seriously injured the officer. In his…

Justia Opinion Summary: This case presented two issues for the Court of Appeals' review: (1) whether the nonmarital biological child of an absentee father who never openly held her out as his own have standing under Code of Civil Procedure…

Justia Opinion Summary: Easter was charged with killing his wife. His attorney expressed doubts about his competency to stand trial. Proceedings were suspended while Easter was evaluated by medical professionals, one finding him competent to…

Justia Opinion Summary: In October 2015, Morrison shot Magee several times during an argument. Magee’s girlfriend testified that Morrison pulled the gun from his own waistband and continued to shoot even after Magee was disabled. Morrison…

Justia Opinion Summary: A jury convicted defendant Beau Dearborne of: human trafficking, kidnapping to commit a sex offense, two counts of forcible rape in concert, two counts of forcible oral copulation in concert, second degree robbery, two…

Justia Opinion Summary: Chioma and Edwards were each convicted on multiple counts arising from their joint 2012 sexual assault and robbery of Jane Doe and robbery of her male friend. With “one-strike” (because they inflicted great bodily injury…

Justia Opinion Summary: When De Melo was hired, he signed SCI’s “Owner/Operator Agreement,” five pages long, typed in small font, with 27 clauses. The arbitration clause provides that if the parties are unable to settle a dispute, disputes…

Justia Opinion Summary: The Novato City Council approved construction of a solar-panel carport and a bus-transfer facility. In December 2015, two new members were sworn in; the Council elected Eklund as mayor. The Council's first business…

Justia Opinion Summary: Savea has been a YRC employee since 1998. YRC employees received wage statements that listed the employer name as YRC Freight and the employer address as 10990 Roe Avenue, Overland Park, KS 66211. In 2016, Savea filed an…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of Sohnen's motion to compel arbitration of workplace discrimination claims brought by plaintiff, an employee of Sohnen. The court held that the record demonstrated…

Justia Opinion Summary: Petitioner David Dudek appealed after the trial court sustained the demurrer of respondents Anne Kebisek Dudek, Tiffany Guzman, Jeanette Kebisek, Mary Kebisek, Guillermo Andrade, Maria Sanchez, Ora Day, Tonya Courtney,…

Justia Opinion Summary: In 1986, Mother’s first child was detained at birth after mother and child tested positive for marijuana and cocaine. The pattern continued for 30 years: each of Mother’s six children would be removed from her…

Justia Opinion Summary: Defendant pled no contest to one count of residential burglary (Pen. Code 459) and admitted a prior serious felony conviction (section 667(a)(1)) in exchange for a stipulated nine-year sentence and the dismissal of other…

Justia Opinion Summary: In 1994, a jury convicted Bryan Jones of the first degree murders of JoAnn S. and Sophia G., attempted murder of Maria R. and Karen M., and the forcible rape, sodomy and oral copulation of Karen M. The jury also…

Justia Opinion Summary: Gallaher is a Santa Rosa real estate developer. During the 2016 Santa Rosa City Council election, The Press Democrat published five articles about substantial independent election expenditures made by Gallaher’s…

Justia Opinion Summary: Corrigan pleaded no contest to four charges, including one count of unlawfully causing a fire that caused an inhabited structure or inhabited property to burn under Penal Code section 452(b) and one count of unlawfully…

Justia Opinion Summary: Plaintiff and his wife filed suit against defendant after defendant rear-ended a car driven by plaintiff and injured him. Defendant stipulated to the liability for the accident and the remaining issues were tried to a…

Justia Opinion Summary: In January 2013, the family court ordered respondent C.P. to pay monthly child support. From September 2013, through August 2017, C.P. was incarcerated in federal prison. Less than a month after his release, C.P.…

Justia Opinion Summary: Penovatz and Rothert dissolved their marriage in 2006. Penovatz was to pay child support for Christopher, born in 1997, based on Penovatz having 69 percent timeshare with Christopher, and Rothert having 31 percent. The…

Justia Opinion Summary: In 1988, at age 17, Palmer pled guilty to kidnapping for robbery and was sentenced to life with the possibility of parole. He became eligible for parole in 1996 and, over the next 19 years, had 10 parole suitability…

Justia Opinion Summary: Plaintiffs appealed the trial court's denial of their mandate petition and grant of judgment on the pleadings on their inverse condemnation and civil rights causes of action. Plaintiffs' claims arose when the city…

Justia Opinion Summary: The Public Employees Retirement Law, Government Code section 21156, defines disability as being “incapacitated physically or mentally.” A governmental employee loses the right to claim disability benefits if terminated…

Justia Opinion Summary: The Court of Appeal corrected a clerical error in the abstract of judgment, but otherwise affirmed defendant's conviction and sentence for second degree murder and involuntary manslaughter. The court held that the second…

Justia Opinion Summary: The Court of Appeal held that the trial court's grant of an irrevocable license was an abuse of discretion because the court construed the "substantial expenditure" requirement too permissively and used the wrong legal…

Justia Opinion Summary: The juvenile defendant committed a misdemeanor for disturbing the peace on school grounds after he called a teacher, who was trying to stop a fist fight involving defendant, a racial slur. The juvenile court judge…

Justia Opinion Summary: An association (plaintiff, Friends of Spring Street) filed a petition for writ of mandate and complaint for declaratory and injunctive relief at superior court, challenging a determination by defendant Nevada City (the…

Justia Opinion Summary: The Quarry produced alsphaltic concrete from material minded on-site and imported sand, in eastern San Rafael. It became a nonconforming use in 1982, when the property was rezoned for commercial and residential use. In…

Justia Opinion Summary: Ryze’s headquarters and principal place of business was in Noblesville, Indiana. In 2014, Ryze hired Nedd, a California resident, to work for Ryze in El Cerrito. In 2017, Ryze terminated Nedd’s employment. Nedd filed a…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendants' special motion to strike under the anti-SLAPP statute, because information about the views from a private residence affecting only those directly…

Justia Opinion Summary: The Covenants for Berkeley’s East Shore Commercial Condominiums Owners’ Association require it to maintain a master policy of all risk property insurance coverage, naming as insured the Association, the owners and all…

Justia Opinion Summary: Plaintiff appealed a judgment in favor of Farmers Insurance Exchange and Truck Insurance Exchange after the trial court determined that she was entitled to coverage under the Farmers policy as an heir of an insured under…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order compelling defendant to produce the medical records of five of his patients pursuant to a subpoena issued by an investigator with the Medical Board of California, a…

Justia Opinion Summary: A federal lawsuit, to which 49 states and the District of Columbia had joined, ended in a settlement agreement (the National Mortgage Settlement, or "NMS"), the terms of which the federal court formally entered as…

Justia Opinion Summary: Tucker filed suit in December 2003, under the unfair competition law, challenging Cingular’s marketing of mobile phone monthly rates. Plaintiff Hodge was added after Tucker lost standing. After several years of motions,…

Justia Opinion Summary: C.W. was born in 2002. His father, Rusty, moved to Louisiana and started a new family. Before Rusty left, the four-year-old daughter of a friend had accused him of sexual abuse. Rusty had practically no contact with…

Justia Opinion Summary: Revenue and Taxation Code section 69.5, implementing 1986’s Proposition 60, allows qualified homeowners over 55 years of age to transfer the property tax basis of their principal residence to a replacement dwelling of…

Justia Opinion Summary: Husband appealed a restraining order issued under the Domestic Violence Prevention Act (DVPA) commanding him, among other things, to stay at least 100 yards away from his wife and three children. The Court of Appeal held…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's orders denying Mesa, Hill, and Olive's motions to enforce settlement agreements under Code of Civil Procedure section 664.6. Although the trial court denied the motions on…

Justia Opinion Summary: The choice-of-law clause in an arbitration agreement required that all individual claims must be arbitrated. Plaintiff filed suit against RADC on individual employment claims, as well as on representative claims under…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence, holding that a consensual encounter between a police officer and a citizen did not implicate the Fourth Amendment. The…

Justia Opinion Summary: Zachary Weir was convicted on four counts of felony possession of personal identifying information. On appeal, Weir contended his felony convictions should have been classified as misdemeanors under Proposition 47's…

Justia Opinion Summary: Lieselotte Herzog (the Decedent) died intestate on October 17, 2013. In April 2014, the probate court issued letters of administration appointing Winnfred Herzog (Nephew) as the administrator of the estate. Kemp &…

Justia Opinion Summary: In July 2012, Maguire, represented by attorney Bornstein, brought an unlawful detainer action against Connelly. In September 2012, Maguire voluntarily dismissed the unlawful detainer action. On September 16, 2014,…

Justia Opinion Summary: A woman, inspecting property on which her family was in escrow, saw a van backed up to the garage door. Morales got out of the van and claimed to be interested in buying the property. When the woman took photos of the…

Justia Opinion Summary: Following a murder trial, the foreperson wrote a note stating the jury was deadlocked on count 2, and “[f]rustrations are running high.” A second note stated, “I do not feel the dissenting juror is basing their dissent…

Justia Opinion Summary: Minor, age 16, admitted to carjacking with a personal firearm use enhancement. The probation officer recommended the juvenile court adjudge Minor a ward of the court; remove him from parental custody; commit him to a…

Justia Opinion Summary: If an employee brings a solitary Labor Code Private Attorneys General Act of 2004 (PAGA) claim, a trial court may not split that claim, sending the employee to arbitration (when he has agreed to it) to recover his…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order declaring defendant a mentally disordered offender (MDO) and committing him to the Department of Mental Health for treatment. The court held that the evidence was…

Justia Opinion Summary: Walter Ward took out a secured loan in 2007 without indicating whether he signed the deed of trust (DOT) conveying his property to the lender in his individual capacity or in his capacity as sole trustee of the trust in…

Justia Opinion Summary: After obtaining money judgments against Shazad Berenjian, Pang Yen Chen sued him and his brother Sharmad for fraudulent transfer under the Uniform Voidable Transactions Act (UVTA). Chen alleged Shazad and Sharmad had…

Justia Opinion Summary: After its workers’ compensation insurance premiums rapidly increased, Jackpot believed that Applied Underwriters had mishandled its claims and had wrongfully failed to disclose how it calculated premiums. Jackpot filed…

Justia Opinion Summary: Wade, an active duty member of the Army Special Forces Group and affiliated with the Naval Postgraduate School in Monterey, was charged with misdemeanor driving under the influence (DUI) with a blood alcohol…

Justia Opinion Summary: Defendant was convicted of 12 counts of lewd acts against a child younger than 14, the daughter of his live-in girlfriend (Pen. Code 288(b)(1)), and one count of continuous sexual abuse of the same child (288.5(a)). He…

Justia Opinion Summary: Where a business conditions its offer to remedy a violation of the Consumer Legal Remedies Act (CLRA) on the consumer waiving his or her right to injunctive relief and remedies under other statutes and common law, the…

Justia Opinion Summary: After plaintiff was seriously injured when he fell from a ladder at work, he filed suit against several defendants, alleging they were all responsible for the unsafe conditions which led to his fall. Plaintiff was…

Justia Opinion Summary: Yuri Vanetik and his father, Anatoly (Tony), were involved with a number of interrelated companies in the business of oil exploration in Russia. Yuri approached his friend, Elliot Broidy, about investing in one of those…

Justia Opinion Summary: Husband co-founded DigiDesign before his 1989 marriage to Wife. They separated in 2009. In a dissolution action, the court applied the “Van Camp” formula to apportion the appreciation of the DigiDesign stock during the…

Justia Opinion Summary: In August 2011, Long was shot by a third-party assailant in the Candlestick Park parking lot after a professional football game. Long sued the San Francisco Forty-Niners, Ltd. in state court, alleging breach of contract,…

Justia Opinion Summary: After plaintiff suffered serious injuries when he fell off an inflatable slide while attending a carnival held at a school campus owned by the district, he filed suit alleging that he fell because the inflatable slide…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of possession of cocaine base for sale. The court held that defendant forfeited his challenge to an officer's testimony because he failed to object at trial; defendant…

Justia Opinion Summary: These appeals arose from five dismissals entered against plaintiffs Roger Gifford and Kimberly Olson on their separately initiated litigation under the Ralph M. Brown Act (the Act) against the Hornbrook Community…

Justia Opinion Summary: Defendant Morgan Eddy and the victim often spent time at Lonnie L.’s apartment. At some point, however, Lonnie decided that defendant was no longer allowed in the residence. On the day of the victim’s death, defendant…

Justia Opinion Summary: This case arose out of an allegedly negligent surgery performed on real party in interest Jamie Harper at the Modoc Medical Center. Harper did not present a claim to petitioner Last Frontier Healthcare District, doing…

Justia Opinion Summary: The Court of Appeal granted Reyna Hernandez’s petition for writ of habeas corpus seeking to have her conviction for possession of methamphetamine for the purpose of sale vacated and the opportunity to withdraw her guilty…

Justia Opinion Summary: Forest City proposed a four-acre mixed-use development, bounded by Mission, Fifth, Howard, and Mary Streets. The area has eight existing buildings. The San Francisco Planning Department released its draft environmental…

Justia Opinion Summary: Plaintiffs sued to set aside "fraudulent and voidable transactions” implemented to “hide millions of dollars in assets” after plaintiffs obtained a $68 million judgment in 2016. Plaintiffs added Admiring Dawn, a Hong…

Justia Opinion Summary: George Zakk filed suit against Vin Diesel, One Race Films, Inc., and Revolution Studios for breach of an oral contract, breach of an implied-in-fact contract, intentional interference with contractual relations, quantum…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying Carrows' motion to compel arbitration. The court held that the language of the arbitration agreement was sufficient to apply to the current action. However,…

Justia Opinion Summary: This case arose from a Public Employment Relations Board (PERB) finding that the City of San Diego (City) violated the Meyers-Milias-Brown Act when the City's mayor made a policy decision to advance a citizens' pension…

Justia Opinion Summary: Minor Charlotte C. contended the juvenile court erred in denying her counsel's request for her relatives' RFA assessment information. She argued a number of statutory and regulatory exceptions allowed minor's counsel to…

Justia Opinion Summary: The parties married in 1993; in 2007 Wife sought dissolution. After the court declined to enforce a 2008 purported marital settlement Agreement, it held a 15-day trial, reconsidered its previous ruling and entered…

Justia Opinion Summary: Castillero was charged with serious sexual offenses that occurred when he was 14-15 years old. The juvenile court found him unfit for juvenile adjudication and transferred the matter to a court of criminal jurisdiction.…

Justia Opinion Summary: The City of Merced (City) participated in the normal due diligence review (DDR) process to review what, if any, monies had to be disgorged when its former RDA was statutorily dissolved. The City did not initiate a…

Justia Opinion Summary: After plaintiff was terminated from VWB, he filed a class action against the company alleging various wage and hour violations under California labor law. The Court of Appeal affirmed the trial court's denial of VWB's…

Justia Opinion Summary: The Court of Appeal affirmed an order denying defendant's motion to expunge his misdemeanor conviction for possession of methamphetamine following his successful motion to reduce the felony conviction to a misdemeanor.…

Justia Opinion Summary: Sixty-nine current and former residents of mobilehome park Terrace View Mobile Home Estates filed a lawsuit against the park's owners, Terrace View Partners, LP, Thomas Tatum, Jeffrey Kaplan, and management company,…

Justia Opinion Summary: The Retired Oakland Police Officers Association obtained a writ of mandate against the Oakland Police and Fire Retirement System directing that master police officer-terrorism pay (MPO pay) be included in the calculation…

Justia Opinion Summary: This case involved a divorced, elderly couple who each requested a restraining order against the other. The trial court granted both requests and ex-husband appealed. The court affirmed and held that the trial court did…

Justia Opinion Summary: In 2012, the County of Amador (County) certified a final environmental impact report (EIR) and approved the Newman Ridge Project (Project), an aggregate quarry and related facilities near Ione owned by real parties in…

Justia Opinion Summary: This appeal focused on circumstances in which local water and irrigation districts were entitled to subvention for unfunded state mandates. The Commission on State Mandates (Commission). The Commission denied…

Justia Opinion Summary: Defendant, then a minor, was directly charged and tried as an adult. Defendant's convictions and sentence were affirmed on appeal, and the matter was remanded to the trial court for the limited purpose of permitting him…

Justia Opinion Summary: Defendants Silva and Medina, members of the Headhunters gang, appealed their convictions for four counts of attempted murder and four counts of assault with a firearm. Medina also appealed his sentence. In the published…

Justia Opinion Summary: After plaintiff was injured at a frat party, she filed suit against Sigma Alpha Epsilon Fraternity for negligence. The Court of Appeal affirmed the trial court's grant of summary judgment for the fraternity, holding that…

Justia Opinion Summary: Appellant C.T. (Mother) appealed an order changing primary physical custody of her minor son, A.B. to A.B.’s father, respondent R.B. (Father), in Arkansas. A.B. lived with Mother since his birth in 2006; Mother and…

Justia Opinion Summary: Jarvis Properties, a limited partnership, owns a parcel of land. Its general partners, Todd and James (brothers), each own a 50 percent interest in the partnership, which is less than the majority consent required to act…

Justia Opinion Summary: Defendant was convicted of one count of unauthorized use of personal identifying information, Penal Code section 530.5(a); four counts of fraudulent possession of personal identifying information with a prior conviction,…

Justia Opinion Summary: The Court of Appeal denied a petition for writ of mandate seeking to compel defendants to put plaintiff on the primary election ballot for county sheriff. The court affirmed the trial court's ruling that Government Code…

Justia Opinion Summary: Richmond issued its first medical marijuana collective permit to RCCC. Three other permits were later issued. The ordinance was amended to reduce the number of dispensary permits from six to three; if a permitted…

Justia Opinion Summary: The Subletting and Subcontracting Fair Practices Act governs public works projects, requires a prime contractor to obtain the awarding authority's consent before replacing a subcontractor listed in the original bid (Pub.…

Justia Opinion Summary: Plaintiff, a provider of short term loans to automobile dealers, who still retained the title certificates for the vehicles and believed it had a perfected security interest, filed suit against defendant for the amounts…

Justia Opinion Summary: In 2008 Alvarez pled not guilty by reason of insanity (NGI) to felony assault with a firearm on a firefighter or peace officer, with a firearm enhancement, and was committed to Napa State Hospital for a maximum…

Justia Opinion Summary: Ingraham filed a petition for writ of mandate alleging that a mixed-use commercial and affordable housing development project failed to comply with the California Environmental Quality Act (CEQA). Then Ingraham filed an…

Justia Opinion Summary: Plaintiffs Roger Myers, Dave Billings, Greg Neyhart, and Jim Mestas were nonexempt maintenance technicians for Raley’s grocery stores. Plaintiffs alleged they were required to drive company vehicles carrying their own…

Justia Opinion Summary: In the underlying action, a plaintiff filed a tort action against the subcontractor and developer for injuries allegedly arising from the subcontractor's work. The subcontractor did not defend the developer, and the jury…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's order sustaining the allegations of a Welfare and Institutions Code section 602 petition and declaring M.S. a ward of the court. The court held that sufficient evidence…

Justia Opinion Summary: Upon ending their marriage, respondent Craig Martin (husband) agreed to pay appellant Cynthia Martin (wife) spousal support for a period of four years. After discovering that wife had remarried, husband stopped paying…

Justia Opinion Summary: Shrewsbury obtained a $1,385,601.27 judgment against Boucher. In connection with a judgment debtor examination of Boucher under Code of Civil Procedure section 708.110, and seeking information about his finances,…

Justia Opinion Summary: In 2009, on a residential street in Berkeley, a masked man exited a gold Cadillac occupied by three other men and fired 17 shots from a semiautomatic assault rifle at 25-year-old Davis as he walked down the street. The…

Justia Opinion Summary: Commissioner, on behalf of preschool teachers employed by the Temple, filed suit alleging that the Temple violated various provisions of the Labor Code by failing to provide its preschool teachers with rest breaks,…

Justia Opinion Summary: Where a defendant negotiates a plea for a stipulated sentence and waives the right to appeal the sentence, the defendant may not take advantage of a favorable sentencing law enacted thereafter (which may otherwise apply…

Justia Opinion Summary: Boschetti sued Pacific Bay, Sparks, and others, alleging that Boschetti and Sparks owned commercial real property through membership in limited liability companies and partnerships, that defendants provide real property…

Justia Opinion Summary: A default judgment may not be entered for an amount in excess of the demand in the operative pleadings when the plaintiff seeks an accounting or valuation of a business. A comparison of whether a default judgment exceeds…

Justia Opinion Summary: The board of directors of the Julian-Cuyamaca Fire Protection District (District) passed a resolution to apply to the San Diego Local Agency Formation Commission (Commission) to dissolve the District. A group of Julian…

Justia Opinion Summary: In 2009, a jury found petitioner Sid Landau to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act (SVPA). The trial court committed Landau to the custody of the State Department…

Justia Opinion Summary: Appellant Elizabeth Wong appealed nonappealable orders and the trial court erred by staying its proceedings pursuant to Code of Civil Procedure section 916(a). The Court of Appeal remanded this case for: (1) the trial…

Justia Opinion Summary: Defendant appealed the trial court's denial of his motion, pursuant to Penal Code section 1473.7, to vacate his conviction for possession of marijuana for sale, on the ground that prejudicial errors were made which…

Justia Opinion Summary: Defendant, a three strikes offender, stipulated to an 18-year state prison sentence in exchange for a plea to first degree burglary of a residence with another person present. After the trial court sentenced defendant,…

Justia Opinion Summary: Appellant F.C. (mother) appealed a juvenile court’s order removing her four children from her custody Mother challenged the sufficiency of the evidence to support the court’s findings that the previous placement with her…

Justia Opinion Summary: Plaintiff engaged Pinel to sell his Danville home in 2008. In 2015 he filed a putative class action lawsuit on behalf of California residents who, in 2004-2011, used Pinel to buy or sell a home in California and had…

Justia Opinion Summary: A jury found defendant guilty of two counts of second degree robbery in violation of Penal Code section 211 (count 1 and 2) and one count of perjury by declaration in violation of Penal Code section 118, subdivision (a)…

Justia Opinion Summary: A commercial developer lost a parcel of real property in a trustee’s sale following a nonjudicial foreclosure. It sued the title company that conducted the sale as a trustee. The Court of Appeal concluded upon review of…

Justia Opinion Summary: Given the plain language of California's open meeting law (the Ralph M. Brown Act), Government Code 54954.3(a), and its legislative history, the Brown Act does not permit limiting comment at special city council meetings…

Justia Opinion Summary: Senate Bill No. 620 does not automatically trigger resentencing for a prisoner who was previously found to have used a firearm in the commission of a felony. The Court of Appeal affirmed the trial court's denial of…

Justia Opinion Summary: Multiple charges were brought against Bennett and Smith in connection with a 2013 altercation between two groups of teenagers outside of the Bayfair BART station in San Leandro, which escalated to the point where shots…

Justia Opinion Summary: In 2010, appellant pled no contest to unauthorized possession of marijuana in prison (Penal Code 4573.6). A charge of bringing drugs into a prison and an alleged prior conviction for first-degree robbery were dismissed.…

Justia Opinion Summary: After plaintiff's insured (a general contractor) secured a default judgment against defendant's insured (a subcontractor), when a homeowner obtained an arbitration award against the general contractor, plaintiff…

Justia Opinion Summary: A trial court's mistake pertaining to a superfluous element of the law does not constitute instructional error. In this case, the Court of Appeal held that the trial court did not commit instructional error and the…

Justia Opinion Summary: A suspect's invocation of his right to counsel under Miranda v. Arizona does not preclude the admission of a confession a suspect subsequently makes to a person he is unaware is functioning as an agent of law…

Justia Opinion Summary: After mother asked her doctor to help her stop using cocaine, the doctor referred the family to DCFS. The Court of Appeal held that the juvenile court correctly asserted jurisdiction over mother and daughter based on…

Justia Opinion Summary: After consuming alcohol, marijuana and cocaine, defendant Eduardo Alvarez drove through traffic at high speeds, ran a red light and broadsided another car, killing its passenger. A jury convicted him of second degree…

Justia Opinion Summary: Lourdes Dimacali was charged with a single count of misdemeanor hit-and-run driving after she was involved in a 2016 incident with M.T. The State alleged Dimacali was the driver of a vehicle involved in an accident…

Justia Opinion Summary: Following the termination of his employment, plaintiff Fernando Martinez sued Stephen Stratton O’Hara (O’Hara), Career Solution and Candidate Acquisitions (CSCA), O’Hara Family Trust, OCRE, Inc., Professional Realty…

Justia Opinion Summary: A student approached Professor Laker, claiming that the department chair, Aptekar, had harassed her. The student brought a formal Title IX complaint. An investigator concluded that Aptekar had sexually harassed the…

Justia Opinion Summary: Appellants, Sorokine and Koudriavtseva, are husband and wife. DBS and Kornach are California licensed contractors; DBS worked on their San Rafael house, while Kornach did not. Kornach, a longtime friend of Sorokine’s,…

Justia Opinion Summary: Napa law enforcement officers initiated a traffic stop of Brown and found him in possession of clothing stolen from the Ralph Lauren and Calvin Klein outlet stores. Brown was charged with a single felony violation of…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's request for entry of a default judgment against Noble and dismissal of the case. The trial court denied the request because plaintiff failed to comply…

Justia Opinion Summary: The four plaintiffs in this interpleader action (MDQ entities) are limited liability companies that hold production rights or are producers in different territories of a Tony-award winning Broadway musical, "Million…

Justia Opinion Summary: In 2015, defendant Jarrett Chamizo pleaded no contest to transporting cocaine and admitted a prior conviction for transporting methamphetamine and a prior conviction for possessing cocaine for sale. Defendant was…

Justia Opinion Summary: Civil Code section 2924.12, subdivision (h) permits an award of fees to a borrower who prevails in obtaining a temporary restraining order. The Court of Appeal reversed the district court's attorney fee award in this…

Justia Opinion Summary: MTA filed suit against Yum Yum in eminent domain to take one of Yum Yum's donut shops that was in the path of a proposed rail line. The trial court determined that Yum Yum was not entitled to compensation for goodwill…

Justia Opinion Summary: The City brought an action against homeowners and their mortgage lender, SunTrust, and sought the appointment of a receiver to undertake the remediation of a public nuisance created by the homeowners on their residential…

Justia Opinion Summary: A person with autism is not automatically a candidate for a limited conservatorship. The Court of Appeal affirmed an order establishing a limited conservatorship of O.B., a person with autism spectrum disorder, and…

Justia Opinion Summary: Real Estate of the Pacific, Inc., doing business as Pacific Sotheby's International Realty (Sotheby's), David Schroedl, and David Schroedl & Associates (DSA) (collectively, Defendants) successfully moved for summary…

Justia Opinion Summary: Huber, a member of the Wiyot Band of Indians, owns and operates a tobacco smoke shop on the Table Bluff Rancheria, near Crescent City. Huber “sold huge quantities of noncompliant cigarettes and transported at least…

Justia Opinion Summary: Numerous claims were filed in various jurisdictions against Deere for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. Deere sought…

Justia Opinion Summary: In 2006, Millview acquired License 5763, which authorized the diversion of water from the Russian River for industrial use. In 2008, the Water Resources Control Board issued a notice of proposed revocation. At a 2013…

Justia Opinion Summary: Plaintiffs filed a class action complaint alleging causes of action for violations of the Labor Code and the Industrial Welfare Commission's (IWC) wage orders based on the City's alleged failure to pay workers employed…

Justia Opinion Summary: Plaintiffs Mark Correia and Richard Stow sued their former employer, NB Baker Electric, Inc. (Baker), alleging wage and hour violations and seeking civil penalties under the Private Attorney General Act of 2004 (PAGA).…

Justia Opinion Summary: The Indian Child Welfare Act (ICWA; 25 U.S.C. 1901) gives Indian tribes the right to intervene in dependency proceedings regarding Indian children where foster care placement or termination of parental rights is being…

Justia Opinion Summary: UFAA filed suit seeking declaratory relief against the Companies and FGI (collectively, Farmers), alleging that Farmers engaged in numerous practices that violated the terms of Agent Appointment Agreements signed prior…

Justia Opinion Summary: Orchard Estate Homes, Inc., a planned residential development governed by covenants, conditions, and restrictions (CC&R’s), supplemented by rules and regulations, prohibited short term rentals of units for durations of…

Justia Opinion Summary: In 2011, Richmond issued the city's first medical marijuana collective permit to RCCC. Other permits were later issued to the defendants. The ordinance governing the permits was amended in 2014, to reduce the number of…

Justia Opinion Summary: The defendant pleaded no contest to conspiracy to commit human trafficking based on allegations that for more than seven years, he and his coconspirators used threats, force, and violence in pimping at least three…

Justia Opinion Summary: Darrin, age 81, filed a Request for Elder or Dependent Adult Abuse Restraining Orders, alleging that her next-door neighbor Miller and Miller’s boyfriend harassed and intimidated her by taunting her, threatening her,…

Justia Opinion Summary: The Court of Appeal reversed the decision of the superior ordering Dr. Kamyar Cohanshohet to produce the medical records of five of his patients in connection with an investigation into his prescription of controlled…

Justia Opinion Summary: Jose Jimenez led peace officers on a high-speed chase with his four- and six-year-old daughters in the car. At one point during the pursuit, he drove straight toward a patrol vehicle in an apparent game of "chicken." The…

Justia Opinion Summary: The Court of Appeal affirmed Defendant’s conviction of reckless driving, holding that there was sufficient evidence that Defendant acted with wanton disregard for safety, that there was no trial error warranting…

Justia Opinion Summary: The Court of Appeal granted Petitioner Arthur Espindola Ramirez’s petition for writ of habeas corpus seeking to have his felony-murder special circumstance vacated based on the California Supreme Court’s decision in…

Justia Opinion Summary: A jury found Defendant guilty of first-degree murder and found true a gang enhancement and a firearm use enhancement. The court found true a prior serious felony allegation and a strike allegation and sentenced defendant…

Justia Opinion Summary: Bueno was driving while intoxicated and lost control of her vehicle resulting in a single vehicle roll-over accident. Bueno’s eight-year-old son was ejected from the vehicle and died; her teenage daughter was injured and…

Justia Opinion Summary: In San Francisco County, a male took a woman’s cellphone from her hand and passed it to Minor. Police apprehended Minor and found the phone in his pocket. Minor admitted to misdemeanor receiving stolen property. Weeks…

Justia Opinion Summary: Assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent Transfer Act (UFTA), can apply to a premarital agreement in which the prospective spouses agree that upon…

Justia Opinion Summary: Defendant Cornelius Jones appealed his conviction of attempted premeditated murder, assault with a deadly weapon, and assault likely to produce great bodily injury. He argued on appeal: (1) the trial court erred by…

Justia Opinion Summary: Plaintiff Jorge Fierro filed suit on behalf of himself and others like him against defendant Landry's Restaurants, Inc., seeking remedies for what Fierro alleged to be Landry's Restaurants's violations of specified…

Justia Opinion Summary: In this declaratory relief action, the trial court ruled the Orange County Department of Education (Employer) had to pay approximately $3.3 million in additional contributions to fund pension benefits promised to its…

Justia Opinion Summary: The Court of Appeal modified the opinion and held that section 1170.95 petition procedure is the avenue by which defendants with nonfinal sentences of the type specified in section 1170.95, subdivision (a) must pursue…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order dismissing plaintiff's complaint against Princess Cruise Lines. Plaintiff's action stemmed from injuries he suffered while he was a passenger on a cruise ship operated…

Justia Opinion Summary: Former employees of Dark Horse filed suit alleging wage and hour claims on behalf of themselves and other similarly situated employees. The Court of Appeal reversed the trial court's denial of plaintiffs' motion for…

Justia Opinion Summary: Plaintiffs challenged a Monterey County ordinance limiting to four the number of roosters that can be kept on a property without a permit. A permit application must include a plan describing the “method and frequency of…

Justia Opinion Summary: Hany Dimitry obtained a coastal development permit (CDP) from the City of Laguna Beach (the City) to demolish his Laguna Beach house. Mark Fudge challenged the permit, appealing to the California Coastal Commission (the…

Justia Opinion Summary: In 2016, Defendant pleaded no contest to driving or taking a vehicle without the owner’s consent (Veh. Code, 10851(a)) and admitted having a prior conviction for the same offense (Penal Code, 666.5(a)). The trial court…

Justia Opinion Summary: Jackson filed a pro se complaint against Kaiser under the California Fair Employment and Housing Act. After unsuccessfully attempting to serve the summons and complaint, Jackson sought counsel. Jackson never properly…

Justia Opinion Summary: The city approved the agreement with Pacific Gas and Electric Company (PG&E), authorizing the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The staff report explains that this is a…

Justia Opinion Summary: An order made after judgment affecting a defendant’s substantial rights is appealable. However, once a judgment is rendered, except for limited statutory exceptions, the sentencing court is without jurisdiction to vacate…

Justia Opinion Summary: In a prior appeal, the Court of Appeal affirmed a judgment denying A.K. Anderson’s petition for writ of mandate challenging the suspension of his driver’s license by the Department of Motor Vehicles (DMV). In that…

Justia Opinion Summary: In August 2017, San Diego County Superior Court Judge Joel Wohlfeil was assigned as the independent calendar judge to preside over a case brought by Overland Direct, Inc., and CTPC, LLC (collectively Overland) alleging…

Justia Opinion Summary: In this divorce proceeding involving disputes over the characterization of community property assets, the Court of Appeal held that the trial court did not err by adopting husband's tracing, which was adequate and…

Justia Opinion Summary: After Rostack obtained a summary judgment against defendant in a breach of contract action in an amount exceeding $50 million, the Court of Appeal reversed and awarded defendant her costs as prevailing party. Then…

Justia Opinion Summary: After months of investigation by police, with the assistance of the Federal Bureau of Investigation (FBI) and authorities in Kansas City, Missouri, Peter Johnson and Ian Patrick Guthrie were arrested and eventually…

Justia Opinion Summary: M.F., the son of Nicole W. and Stephen C., appealed orders at the 12-month review hearing under Welfare & Institutions Code section 366.21 (f) directing the San Diego County Health and Human Services Agency to extend the…

Justia Opinion Summary: Plaintiff worked as an anesthesiologist at the hospital, beginning in 1991. In 2011, the California Department of Public Health conducted an unannounced “medication error reduction plan” survey at the hospital, found…

Justia Opinion Summary: Plaintiff filed suit challenging the on-call scheduling practices of her former employer, Tilly's, as violating wage order No. 7-2001, which regulates the wages, hours, and working conditions in the mercantile industry.…

Justia Opinion Summary: In this child custody dispute, the trial court imposed $50,000 in sanctions jointly and severally against an attorney and her client for disclosing information contained in a confidential child custody evaluation report.…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment denying defendant's request from relief from default under Code of Civil Procedure section 473, subdivision (b), two orders granting motions to quash subpoenas…

Justia Opinion Summary: After defendant pleaded no contest to making threats to use a weapon of mass destruction and making criminal threats, defendant was placed on supervised probation and ordered to pay $235,341.17 as restitution to the…

Justia Opinion Summary: After plaintiff, Edward Joseph Mahoney's drummer, was terminated, plaintiff filed suit against Mahoney and others for discrimination on the basis of age, disability, and medical condition. In this appeal, defendants…

Justia Opinion Summary: In 1992, Victor Lee Ellis was sentenced to prison for seven years and was accessed a fine under Penal Code section 1202.4, which qualified for garnishment under section 2085.5(a). In 1999, Ellis finished serving his…

Justia Opinion Summary: DFS is in the business of duty-free sales at airports and holds an exclusive lease and concession to sell merchandise duty-free in the San Francisco International Airport (SFO) international terminal. AN extension of…

Justia Opinion Summary: A responding party's request for sanction-based attorney fees under Family Code section 271 is not a request for affirmative relief. In this dissolution case, the Court of Appeal affirmed the award of sanctions in the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of the District's motion for judgment on the pleadings in an action seeking to invalidate a voter-approved special property tax imposed by the District. Public…

Justia Opinion Summary: Defendant Tyrus Hull appealed his conviction for assaulting Marqurus Bonner with a deadly weapon (motor vehicle), for which he was sentenced defendant to two years in state prison. On appeal, defendant argued: (1) the…

Justia Opinion Summary: C.E. was three years old at the time of the relevant hearing. Mother's family and friends were actively involved in C.E.’s life. Appellant, Mother’s sister, cared for C.E. on Mondays and every other weekend. C.E. also…

Justia Opinion Summary: Berkeley approved the construction of three houses on adjacent parcels in the Berkeley Hills, citing the California Environmental Quality Act (CEQA), Pub. Resources Code, 21000 exemption for “up to three single-family…

Justia Opinion Summary: The Court of Appeal held that (1) an attorney does not have standing to petition to compel arbitration of his clients' claims; (2) a signatory to an arbitration agreement can compel a nonsignatory parent company of a…

Justia Opinion Summary: After the County refunded taxes Harmony overpaid beginning in the year Harmony first challenged the erroneous base value, Harmony sought to recover tax overpayments for those prior years. The Court of Appeal affirmed the…

Justia Opinion Summary: After EDI assigned plaintiffs to pack produce for San Miguel Produce, plaintiffs filed suit against San Miguel for labor law violations. The Court of Appeal reversed the trial court's denial of EDI and San Miguel's joint…

Justia Opinion Summary: Respondent San Diego County Health and Human Services Agency (Agency) did not oppose termination of the dependency of N.O., rather, the Agency recommended it. N.O.'s counsel opposed termination of dependency jurisdiction…

Justia Opinion Summary: The parents established the trust in 1974 when all of the siblings were minors. Howard predeceased Alice, leaving her as the sole settlor and trustee. In 2003, Alice amended the trust to name all six children, as…

Justia Opinion Summary: University of California Officer Calhoun, driving a patrol car, encountered skateboarders in a parking garage. He detained one skateboarder and placed his board on the hood of the patrol car. One skateboarder fled.…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action alleging that defendant, an orthopedic surgeon, committed medical malpractice in connection with his treatment…

Justia Opinion Summary: The Court of Appeal granted a petition for habeas corpus relief, holding that petitioner, a third strike offender with two prior convictions that rendered him a sex-offender registrant, was invalidly excluded from…

Justia Opinion Summary: Veronica Aguayo hit her elderly father about 50 times with a bicycle lock and chain, then threw a ceramic pot on his head. Aguayo was working on her bicycle in her parents' yard. Her 72-year-old father (Father) turned on…

Justia Opinion Summary: In exchange for a stipulated 11-year sentence and the dismissal of other counts, Justin Michael Wright pleaded guilty to transporting a controlled substance. He also admitted having a strike prior and one prior…

Justia Opinion Summary: The parties own neighboring parcels in Mendocino County. The scenic sand dunes of MacKerricher State Park are behind the parcels. Respondents historically accessed the dunes via a path that runs along the parties’…

Justia Opinion Summary: Defendant was convicted of first degree murder and arson. In the published portion of the opinion, the Court of Appeal held that the Legislature's enactment of a petitioning procedure evinces an intent to limit…

Justia Opinion Summary: The Court of Appeal affirmed Trine Jensen's motion to quash service of summons and the cross-complaint, holding that Trine did not personally avail herself of California's benefits and thus the state may not exercise…

Justia Opinion Summary: During the course of the 2016 political campaign to represent the 49th Congressional District, challenger candidate Doug Applegate's campaign ran two television advertisements about incumbent Darrell Issa that Issa…

Justia Opinion Summary: During the pendency of his appeal of a postjudgment order denying defendant Rafael Servin compassionate release from prison, he died. The appellate proceedings were therefore abated. Nevertheless, the Court of Appeal…

Justia Opinion Summary: Plaintiff alleged that she was terminated in retaliation for having brought to the attention of Defendant’s management and the Board of Equalization defendant’s failure to pay use taxes (Labor Code section 1102.5). …

Justia Opinion Summary: Linton fell from her wheelchair while being transported in a county paratransit van and sustained injuries. Linton alleged violations of the California Disabled Persons Act (Civ. Code 54, DPA) and the Unruh Civil Rights…

Justia Opinion Summary: The Court of Appeal held that recording secret business conversations and using the recordings in an arbitration were not in connection with a judicial or official proceeding authorized by law, and therefore they were…

Justia Opinion Summary: Mother challenged the sufficiency of the evidence supporting the jurisdiction finding against her in this dependency case. The Court of Appeal held that the evidence presented at the adjudication hearing was insufficient…

Justia Opinion Summary: Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued their head coach and the Board of Trustees of the California State University, claiming the coach engaged in…

Justia Opinion Summary: The Court of Appeal held that the evidence was insufficient to sustain defendant's conviction for felony escape in violation of Penal Code, 4532, subd. (b)(1), and reversed the trial court's judgment. The court held that…

Justia Opinion Summary: This appeal stemmed from a wrongful death action alleging that a humidifier cleaning agent manufactured in Korea and sold in California caused Sunja An's death. Jayone was a California importer and distributor of Korean…

Justia Opinion Summary: The Court of Appeal denied a petition for writ of mandate seeking an order directing the trial court to vacate its order and enter a new order directing the City to produce electronically-stored data relating to vehicles…

Justia Opinion Summary: Pro se plaintiff Elena Dogan appeals after the trial court granted a motion for nonsuit brought by her landlord, defendant Comanche Hills Apartments, Inc., and related individuals and entities at the close of her case.…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment and held that a "Trust Transfer Deed," signed by husband, granting certain real property to his wife, did not met Family Code section 852(a)'s express declaration…

Justia Opinion Summary: In 2016, the Court of Appeal affirmed a judgment ordering Lu Tuan Nguyen to return funds to the Conservatorship of the Person and Estate of Joseph Ribal. On remand, the trial court awarded attorney fees incurred in…

Justia Opinion Summary: Frederick Theodore Rall III, a political cartoonist and blogger, filed suit against the Los Angeles Times after it published a "note to readers" and a later more detailed report questioning the accuracy of a blog post…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's award of attorney fees and costs in this dispute over the management and the distribution of monetary assets of a family trust. The court held that the trial court properly…

Justia Opinion Summary: After ex-wife filed a civil action alleging that ex-husband siphoned some of the community assets that were subject to a stipulated judgment, ex-husband successfully demurred and obtained a judgment of dismissal against…

Justia Opinion Summary: Defendant Davonte Stinson and codefendant Dontae McFadden approached S.A. in his parked car and, at gunpoint, took several items from him including his wallet, keys, and cell phone. Still at gunpoint, they made S.A. move…

Justia Opinion Summary: North River and its bail agent, Bad Boys, appealed the trial court's conditional bond exoneration order. In this case, the criminal defendant was found and extradited from Washington state. At issue was a portion of the…

Justia Opinion Summary: San Diegans for Open Government (SDOG) appealed judgment against it in a lawsuit challenging an amended and restated lease that the City of San Diego (City) entered into with Symphony Asset Pool XVI, LLC (Symphony) to…

Justia Opinion Summary: In an earlier appeal, Indiana Lumbermens Mutual Insurance Company (Lumbermens) challenged an order denying its motion to vacate summary judgment on a bail bond forfeiture and to exonerate the bail bond. The day after…

Justia Opinion Summary: The Sexually Violent Predators Act (SVPA) provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment. The Court of Appeal affirmed the…

Justia Opinion Summary: In 2006, police arrested defendant Daniel Marquez in Ventura County on a drug possession offense. Without his consent, authorities collected Marquez’s DNA sample and entered his DNA profile into a statewide database.…

Justia Opinion Summary: The trial court imposed a $950 sanction on Deputy Public Defender Raju, counsel for Landers in a two-defendant joint criminal trial, for violating a reciprocal discovery order. The court found that Raju failed to…

Justia Opinion Summary: Defendant was convicted of two counts of forcible lewd acts on a child and two counts of nonforcible lewd acts on a child. In the published portion of the opinion, the Court of Appeal remanded the convictions for…

Justia Opinion Summary: Southwestern Community College District (District) and its governing board (Board) (together Southwestern) demoted Arlie Ricasa from an academic administrator position to a faculty position on the grounds of moral…

Justia Opinion Summary: Plaintiff sued defendant Tender Heart Home Care for failure to pay overtime wages under the Domestic Worker Bill of Rights (Labor Code 1450, DWBR), which requires that domestic work employees receive overtime wages for…

Justia Opinion Summary: Loren Prout filed an inverse condemnation action alleging Department of Transportation (Caltrans) violated the Fifth Amendment in 2010 by physically occupying without compensation a long, narrow strip of Prout’s land…

Justia Opinion Summary: Defendant Andy Hem fatally shot his brother, victim Sokorng “Sok” Hem in 2014. The State argued the shooting was first degree murder; defendant claimed self-defense. The jury found defendant guilty of voluntary…

Justia Opinion Summary: Plaintiffs, opposed the development of an eight-unit multifamily residential building in a high-density residential district, challenged a resolution granting demolition and design review permits. They claimed the city…

Justia Opinion Summary: Twins P.T and E.T. were removed from Mother’s care by the Alameda County Social Services Agency in April 2014 when they were four months old. Mother has a history of mental health issues and drug addiction; E.T. was…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of second degree murder. Defendant was driving under the influence of alcohol and collided with another vehicle on the freeway, killing the passenger and injuring the…

Justia Opinion Summary: Tenant filed suit against landlord and others after landlord rejected tenant's offer to purchase the building tenant rented for his audio recording business. Landlord ultimately sold the building to a third party because…

Justia Opinion Summary: The Orange County Water District (the District) appealed a postjudgment order awarding The Arnold Engineering Company approximately $615,000 in costs of proof under Code of Civil Procedure section 2033.420 based on the…

Justia Opinion Summary: Chaz Nasjhee Pride was convicted by jury of robbery, which found true allegations he committed the robbery for the benefit of, or at the direction of, and in association with a criminal street gang. In a bifurcated…

Justia Opinion Summary: After defendants erected a wall across the Stockdale Estates segment of a pedestrian path, a group of current and former Amberton residents asked the superior court to enjoin defendants from impeding public use of the…