California Courts of Appeal Decisions 2019
Opinions 1001 - 1026 of 1026
Date: January 9, 2019
Docket Number: A153001
Justia Opinion Summary: During an investigation of the handling of unclaimed property due to be escheated to the state, the California Controller sought to audit Thrivent, an out-of-state insurance company doing business in California, with…
Date: January 9, 2019
Docket Number: B282867A
Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for second degree murder and felony hit and run driving resulting in death or serious injury. The court held that defendant forfeited his objections to the Watson…
Date: January 9, 2019
Docket Number: B285295
Justia Opinion Summary: The Court of Appeal affirmed the district court's grant of summary judgment for the City in an action alleging that the City engaged in a pattern and practice of illegally exempting certain development projects in Venice…
Date: January 8, 2019
Docket Number: B285645
Justia Opinion Summary: Court facilities and court operations assessments must be subject to an ability to pay determination. The Court of Appeal reversed the order imposing assessments under Government Code section 70373 and Penal Code section…
Date: January 8, 2019
Docket Number: E068516
Justia Opinion Summary: Plaintiff-appellant Riverside County Department of Child Support Services (the County) filed a complaint against defendant-respondent Michael Lee Estabrook (Father), seeking $288 per month in child support, as well as…
Date: January 7, 2019
Docket Number: B282971
Justia Opinion Summary: Petitioners sought a writ of mandate and declaratory relief, alleging that the City of Monterey Park breached its duty under Labor Code section 1072 to award a 10-percent bidding preference only to contractors who…
Date: January 7, 2019
Docket Number: B286730
Justia Opinion Summary: When O'Gara Coach moved to disqualify Richie Litigation from representing its former senior executive, Joseph Ra, in litigation, O'Gara Coach argued that Darren Richie had been a client contact for outside counsel…
Date: January 7, 2019
Docket Number: F073455
Justia Opinion Summary: Berkeley appealed the judgment against it in a construction dispute regarding a building on the Merced Campus. After the University denied Berkeley's claim for compensation for work performed, Berkeley filed suit…
Date: January 4, 2019
Docket Number: A150562
Justia Opinion Summary: The Strawns’ home and pickup, which were insured by State Farm were “damaged and destroyed” by fire on June 1, 2009. They immediately notified State Farm. Dennis Strawn was prosecuted for arson, but the case was…
Date: January 4, 2019
Docket Number: A151986
Justia Opinion Summary: Furry sued his former employers East Bay, for unpaid overtime wages, meal and rest break compensation, and statutory penalties for inaccurate wage statements. Although the trial court found that East Bay failed to keep…
Date: January 4, 2019
Docket Number: B283406
Justia Opinion Summary: When a student accused of sexual misconduct faces severe disciplinary sanctions, and the credibility of witnesses (whether the accusing student, other witnesses, or both) is central to the adjudication of the allegation,…
Date: January 4, 2019
Docket Number: C083509
Justia Opinion Summary: Defendant Markece Chatman was convicted of pandering, Penal Code section 266i (a)(1). The jury’s verdict finding defendant guilty of pimping and pandering was based on the testimony of a prostitute, who admitted lying…
Date: January 4, 2019
Docket Number: F075102
Justia Opinion Summary: Labor Code section 226.2, a recently enacted law articulating wage requirements applicable where an employer uses a piece-rate method of compensating its employees, is not unconstitutionally vague. The Court of Appeal…
Date: January 4, 2019
Docket Number: G054522
Justia Opinion Summary: Bann-Shiang Liza Yu hired Automatic Teller Modules, Inc. (ATMI), a general contractor, to design and build a hotel. After the hotel opened, Yu filed a complaint against ATMI for construction defects, praying for “not…
Date: January 3, 2019
Docket Number: A147962
Justia Opinion Summary: The employer, Luxor Cabs, obtained workers' compensation insurance through AUCRA under an EquityComp program. The EquityComp workers’ compensation insurance program has garnered nationwide attention from administrative…
Date: January 3, 2019
Docket Number: B281704
Justia Opinion Summary: A jury trial is guaranteed for the Confidentiality of Medical Information Act's nominal statutory damages claims brought before 2013 under Civ. Code section 56.36, subdivision (b)(1), but not for attorneys' fees claims…
Date: January 3, 2019
Docket Number: B284068
Justia Opinion Summary: The Court of Appeal affirmed the superior court's denial of JMS's petition for writ of administrative mandate seeking to set aside an administrative decision by the District that allowed a contractor to substitute…
Date: January 3, 2019
Docket Number: B286350
Justia Opinion Summary: Three factors are especially pertinent in determining whether the offeree had enough facts to evaluate a settlement offer under Code of Civil Procedure section 998: (1) how far into the litigation the 998 offer was made;…
Date: January 2, 2019
Docket Number: B287001
Justia Opinion Summary: After the Court of Appeal affirmed the trial court's holding that plaintiff's motion for $31,365 in statutory attorney fees was timely and supported by substantial evidence, the court stated, "In the interest of justice,…
Date: January 2, 2019
Docket Number: D074947
Justia Opinion Summary: Petitioner Yaron Lief and real party in interest Pnina Nissan met in Israel in 2010. Nissan moved to San Diego and married Lief in 2011. They had a son in 2014. Lief filed a marital dissolution action against Nissan in…
Date: January 2, 2019
Docket Number: F074334
Justia Opinion Summary: Caltec challenged the Department's final administrative decision determining that three of Caltec's products were pesticides under the Food and Agricultural Code. The products at issue were Greenfeed 27-0-0, Terra Treat,…
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