California Courts of Appeal Decisions
Recent Decisions From the California Courts of Appeal
Date: October 26, 2020
Docket Number: A157073
Justia Opinion Summary: Before the 1972 effective date of Civil Code section 1009(b), the California Supreme Court held that an implied by law dedication is established when “the public has used the land ‘for a period of more than five years wi...
Date: October 26, 2020
Docket Number: B289596
Justia Opinion Summary: After Katie Dix ingested an illegal drug and collapsed while at a Live Nation electronic music festival, she was later pronounced dead from Ecstasy-related dehydration. Katie's parents filed suit against Live Nation for...
Date: October 26, 2020
Docket Number: B298798
Justia Opinion Summary: In the underlying action, two restaurant patrons filed suit against the restaurant owner and his landlords after a vehicle accident caused a car to crash through the restaurant, injuring the patrons. The patrons alleged...
Date: October 26, 2020
Docket Number: B299031
Justia Opinion Summary: Plaintiff filed suit against Union Pacific under the Federal Employers' Liability Act (FELA), alleging that he developed a sarcoma as a result of his exposure to diesel fumes and other carcinogenic substances while worki...
Date: October 26, 2020
Docket Number: D072639A
Justia Opinion Summary: Jeffrey Barton was convicted by jury on five counts of forcible oral copulation, and one count of forcible sodomy. The jury reached its verdict only after the trial court discharged a holdout juror (Juror No. 12), after...
Date: October 26, 2020
Docket Number: D074459A
Justia Opinion Summary: While Michael Tilkey and his girlfriend Jacqueline Mann were at her home in Arizona, the two got into an argument. Tilkey decided to leave. When he stepped out onto the enclosed patio to collect his things, Mann locked t...
Date: October 26, 2020
Docket Number: D076124
Justia Opinion Summary: In a previous appeal, the Court of Appeal affirmed defendant Shaun Shaw’s convictions for burglary, assault with a deadly weapon, and making a criminal threat, but remanded to allow the trial court to exercise its new au...
Date: October 26, 2020
Docket Number: E072961
Justia Opinion Summary: Henry Jones appealed the denial of his petition to vacate his murder conviction under Penal Code section 1170.95, the resentencing provision of Senate Bill No. 1437 (2017-2018 Reg. Sess.) In 2000, Jones was convicted of...
Date: October 23, 2020
Docket Number: A160793
Justia Opinion Summary: On February 24, 2020, Lacayo was arraigned for possession of a firearm by a felon and related felonies. He waived his right under Penal Code 859b to a preliminary hearing within 10 court days but did not waive his right...
Date: October 23, 2020
Docket Number: B293850
Justia Opinion Summary: MTA's failure to count the days an employee is on California Family Rights Act (CFRA) leave when calculating the 60-day clearance period does not violate the CFRA. Plaintiff, a bus operator for MTA, was terminated from h...
Date: October 23, 2020
Docket Number: B299677
Justia Opinion Summary: Defendant was convicted of sexually molesting his two granddaughters, F. and A. The Court of Appeal held that defendant's previous conviction for molesting A.—suffered in an entirely separate proceeding that concluded lo...
Date: October 23, 2020
Docket Number: B300043
Justia Opinion Summary: After the People petitioned to extend appellant's involuntary commitment, the state hospital failed to transport appellant to the hearing. Appellant's counsel waived his right to a jury on his behalf and, following a be...
Date: October 23, 2020
Docket Number: B303310
Justia Opinion Summary: Consistent with People v. Elizalde (2015) 61 Cal.4th 523, the Court of Appeal held that the routine booking question exception to Miranda v. Arizona (1966) 384 U.S. 436, categorically applies to all of the core booking q...
