California Court of Appeal Decisions 2014

Opinions 1 - 500 of 1050

Bower v. Inter-Con Sec. Sys., Inc.  
Date: December 31, 2014
Docket Number: A135940

Justia Opinion Summary: Bower was hired by Inter-Con in 2007 and executed an arbitration agreement, covering claims for compensation and wages. In 2008, Bower executed a second arbitration agreement that added clauses prohibiting claims on beha...

Pierce v. San Mateo Co. Sheriff's Dept.  
Date: December 31, 2014
Docket Number: A138278

Justia Opinion Summary: After members of the San Mateo County Sheriff’s Gang Task Force allegedly conducted a warrantless search of her home, Pierce filed a civil rights action under 42 U.S.C. 1983 (section 1983) against the Sheriff’s Departmen...

Satyadi v. West Contra Costa Healthcare Dist.  
Date: December 31, 2014
Docket Number: A138948

Justia Opinion Summary: Before accepting a job with DMC, Satyadi , who holds board certifications in clinical laboratory science, was told the laboratory she would manage had no material deficiencies in staff and equipment performance and accr...

Koval v. Pac. Bell Tel. Co.  
Date: December 31, 2014
Docket Number: A139570

Justia Opinion Summary: Plaintiffs filed a class action lawsuit against their employer, Pacific Bell, claiming that Pacific Bell violated California law (Lab. Code, 226.7, 512) by failing to relinquish control over their activities during meal...

Ctr. for Biological Diversity v. Cal. Dep't of Forestry & Fire Prot.  
Date: December 30, 2014
Docket Number: A138914

Justia Opinion Summary: The California Department of Forestry and Fire Protection approved a “Nonindustrial Timber Management Plan” (NTMP) authorizing logging on 615 privately held acres of north coast redwood and Douglas fir forest in Mendocin...

J.B.B. Investment Partners v. Fair
Date: December 30, 2014
Docket Number: A140232N
Swanson v. Morongo Unif. School Dist.
Date: December 30, 2014
Docket Number: G050290
LA Police Protective League v. City of LA  
Date: December 26, 2014
Docket Number: B251796

Justia Opinion Summary: A taxpayer and the Los Angeles Police Protection League sought to invalidate the Los Angeles Police Department’s policy regarding impounding vehicles, “Special Order 7.” The special order seeks to implement Vehicle Code...

Ruiz v. Moss Bros. Auto  
Date: December 23, 2014
Docket Number: E057529

Justia Opinion Summary: In July 2012, plaintiff-respondent Ernesto Ruiz filed a putative class action complaint alleging defendant-appellant Moss Bros. Auto Group, Inc. failed to pay Ruiz and other employees overtime and other wages for all hou...

Nick v. City of Lake Forest  
Date: December 23, 2014
Docket Number: G047115

Justia Opinion Summary: Real party in interest and respondent 7-Eleven, Inc. applied to the Department of Alcoholic Beverage Control for a license to sell beer and wine at its store located within defendant and respondent City of Lake Forest. B...

Mesa Shopping Center-East v. O Hill  
Date: December 23, 2014
Docket Number: G049205

Justia Opinion Summary: Plaintiffs sought declaratory and injunctive relief against defendants in this action. But the complaint explicitly acknowledged it was “ancillary to” contemplated private arbitration of disputes arising out of the parti...

Tabarrejo v. Super. Court  
Date: December 23, 2014
Docket Number: H040377

Justia Opinion Summary: After Tabarrejo left his employment as a PRH caregiver, he filed a claim with the Labor Commissioner for unpaid wages. He was awarded $131,096.77. PRH appealed to the superior court and posted the undertaking required by...

Pittsburg Unified Sch. Dist. v. S.J. Amoroso Constr. Co., Inc.  
Date: December 22, 2014
Docket Number: A138825

Justia Opinion Summary: The School District entered into a construction contract with Amoroso. Pursuant to Public Contract Code 22300, Amoroso elected to have the retention held in an escrow account in the form of securities. The escrow agreeme...

People v. Franco  
Date: December 22, 2014
Docket Number: F067223

Justia Opinion Summary: The Three Strikes Reform Act of 2012 (Proposition 36) created a release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate me...

Hardy v. America's Best Home Loans  
Date: December 22, 2014
Docket Number: F067389

Justia Opinion Summary: Based on Hardy’s 2006 refinance of his Modesto residence, Hardy, acting pro se, sued ABHL for fraud, breach of contract, negligence, breach of fiduciary duty, and violations of California’s unfair competition law (UCL) (...

Lappe v. Superior Court  
Date: December 19, 2014
Docket Number: B255704

Justia Opinion Summary: Gilda filed for dissolution of marriage. She and former husband, Murray, agreed to resolve property and support issues through mediation, during which they purportedly exchanged financial disclosure declarations mandated...

Leslie O. v. Super. Ct.
Date: December 19, 2014
Docket Number: B257385M
Van Horn v. Dept. Toxic Substances Control
Date: December 19, 2014
Docket Number: C073173M
People v. Losa  
Date: December 19, 2014
Docket Number: F067279

Justia Opinion Summary: The Three Strikes Reform Act of 2012 (Proposition 36) created a release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate me...

So. San Francisco v. Bd. of Equalization  
Date: December 18, 2014
Docket Number: A137173

Justia Opinion Summary: The State Board of Equalization (SBE) interprets the Uniform Local Sales and Use Tax Law 7200 and the California Sales and Use Tax Law 6001 so that retail sales of tangible personal property stored, used, or consumed in...

Danko v. O'Reilly  
Date: December 18, 2014
Docket Number: A138784

Justia Opinion Summary: Danko practiced law with the firm of O’Reilly & Collins, until, in 2009, Danko sued O’Reilly, as an individual, and O’Reilly & Collins, for unpaid wages. Before trial, O’Reilly, as an individual, obtained directed verdic...

Marr. of Daugherty
Date: December 18, 2014
Docket Number: A138872M
Lin v. Coronado  
Date: December 18, 2014
Docket Number: B248848A

Justia Opinion Summary: Lin alleged she “pooled” her $150,000 with $100,000 provided by River Forest Financial and Elevation Investments “in partnership for the purchase” of a residential property at a foreclosure auction for the purchase price...

Saltonstall v. City of Sacramento
Date: December 18, 2014
Docket Number: C077031M
Lennar Homes of Cal. v. Stephens  
Date: December 18, 2014
Docket Number: E057280

Justia Opinion Summary: Defendants-respondents Stella Stephens, Timothy Young, and Melissa Young purchased homes from plaintiff and appellant Lennar Homes of California, Inc. The agreements between Lennar and Stephens and between Lennar and the...

McGill v. Citibank  
Date: December 18, 2014
Docket Number: G049838

Justia Opinion Summary: Plaintiff-respondent Sharon McGill sued defendant-appellant Citibank, N.A. for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. She b...

Stephens & Stephens XII v. Fireman's Fund Ins.
Date: December 17, 2014
Docket Number: A135938M
Judge v. Nijjar Realty, Inc.  
Date: December 17, 2014
Docket Number: B248533

Justia Opinion Summary: Nijjar hired Judge as a resident property manager. Nijjar terminated her employment. Judge filed claims for unpaid compensation, meal and rest period premiums, waiting time penalties, and wrongful termination. Under the...

U.S. Bank Nat'l Ass'n v. Yashouafar  
Date: December 17, 2014
Docket Number: B249057

Justia Opinion Summary: Borrowers executed the Note in favor of GACC in the amount of $62,000,000, with a maturity date of August 2016. Borrowers, as trustors, executed in favor of Chicago Title Company, as trustee, a “Deed of Trust, Assignment...

Wells Fargo Bank, N.A. v. The Best Service Co.  
Date: December 17, 2014
Docket Number: B253861

Justia Opinion Summary: Wells Fargo Bank filed a declaratory and injunctive relief complaint. The defendant sent plaintiff a demand for mediation and arbitration pursuant to a dispute resolution provision in a February 27, 2008 servicing agreem...

California v. Noyan  
Date: December 17, 2014
Docket Number: C074049

Justia Opinion Summary: Defendant Drake Noyan was sentenced to state prison for various drug-related charges pursuant to a negotiated plea. Noyan's appeal presented two issue for the Court of Appeal's review: (1) that the court abused its discr...

Flannery v. VW Credit  
Date: December 17, 2014
Docket Number: D063937

Justia Opinion Summary: Plaintiff-appellant Joyce Flannery sued defendant-respondent VW Credit, Inc. (VW), alleging VW failed to comply with provisions of California's Vehicle Leasing Act (VLA), California's Fair Debt Collection Practices Act,...

People v. Payne  
Date: December 17, 2014
Docket Number: F067838

Justia Opinion Summary: The Three Strikes Reform Act of 2012 (Proposition 36) created a post-conviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If s...

Hyundai Amco v. S3H, Inc.  
Date: December 17, 2014
Docket Number: G049204

Justia Opinion Summary: Hyundai Amco America, Inc. and S3H, Inc. entered into a subcontractor services agreement. According to the agreement, disputes would be subject to arbitration. Hyundai Amco sued S3H for breaching the agreement, as well a...

S. Cal. Gas Co. v. Flannery  
Date: December 16, 2014
Docket Number: B249616

Justia Opinion Summary: Flannery and Murray sued Southern California Gas Company (SCGC) for damages suffered in the 2008 Sesnon wildfire.They were jointly represented by Tepper until attorney Ardi substituted in as Murray’s counsel. Tepper repr...

Marina Pac. Homeowners Ass'n v. So. Cal. Fin. Corp.  
Date: December 16, 2014
Docket Number: B251379

Justia Opinion Summary: Marina Pacifica was built on Long Beach waterfront land owned by McGrath and leased to the limited partnership (LP) in the 1970s. The ground lease was subdivided into 570 leases, one for each condominium unit. When LP so...

Cleveland Nat. Forest v. San Diego Assn. of Gov.
Date: December 16, 2014
Docket Number: D063288M
Cal. Ins. Guarantee Assn. v. Workers' Comp. App. Bd.  
Date: December 16, 2014
Docket Number: D065072

Justia Opinion Summary: The issues this case presented to the Court of Appeal filed by the petitioners in this matter were two-fold: (1) whether the Workers' Compensation Appeals Board retain jurisdiction over a medical billing dispute pertaini...

People v. Valencia  
Date: December 16, 2014
Docket Number: F067946

Justia Opinion Summary: The Three Strikes Reform Act of 2012 (Proposition 36) created a release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate me...

Duarte v. CA. State Teachers' Ret. Sys.  
Date: December 15, 2014
Docket Number: A135184

Justia Opinion Summary: Duarte joined the California State Teachers’ Retirement System (CalSTRS) in 1993. He earned 2.023 years of service. He took unpaid personal leave for Duarte for the 1995-1996 school year and unpaid educational leave for...

City & Cnty, of San Francisco v. Cobra Solutions, Inc.  
Date: December 15, 2014
Docket Number: A136679

Justia Opinion Summary: Cobra was a prequalified vendor of information technology goods and services to the city. In 1999-2000, Cobra submitted invoices based on invoices submitted by its subcontractor, Monarch. Monarch had not performed the wo...

Daugherty v. Daugherty  
Date: December 15, 2014
Docket Number: A138872

Justia Opinion Summary: David and Melinda’s two children lived with Melinda, and David paid child support. The Napa County Department of Child Support Services moved to modify David’s child support obligation. (Fam. Code, 17400). After a hearin...

Hudson v. Cnty. of Los Angeles  
Date: December 15, 2014
Docket Number: B247593

Justia Opinion Summary: A former Los Angeles County sheriff’s deputy, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjus...

Feresi v. The Livery, LLC  
Date: December 15, 2014
Docket Number: B248607

Justia Opinion Summary: Husband and wife acquired a 25 percent interest in the LLC. Hartley served as president and managing member. A judgment dissolving the marriage awarded wife one-half of the LLC share. Husband's other obligations to wife...

Ventura Foothill Neighbors v. Cnty. of Ventura  
Date: December 15, 2014
Docket Number: B254120

Justia Opinion Summary: The Ventura County Board planned a five-story ambulatory care clinic at the 40-acre Ventura County Medical Center. The 1993 Environmental Impact Report (EIR) stated that the building would be up to 75 feet high and inclu...

California v. Mason  
Date: December 15, 2014
Docket Number: D063793

Justia Opinion Summary: A jury convicted Michael Mason of three counts of first degree murder, and found true the special circumstances of robbery-murder and multiple murders as to each. The jury further convicted Mason of one count of attempte...

Adoption of Baby Boy W.  
Date: December 15, 2014
Docket Number: D066101

Justia Opinion Summary: Jacqueline W. and Garrett J. were the unwed biological parents of Baby Boy W. When Jacqueline knew Garrett was Baby Boy W.'s biological father, but she denied Garrett's requests that she sign a voluntary declaration of p...

David S. Karton v. Dougherty
Date: December 12, 2014
Docket Number: B244231M
Conservatorship of the Person & Estate of Townsend
Date: December 12, 2014
Docket Number: B247366M
Pacific Corporate Group Holdings v. Keck  
Date: December 12, 2014
Docket Number: D062277

Justia Opinion Summary: Pacific Corporate Group Holdings, LLC (PCGH) sued one of its former employees, Thomas Keck, seeking to collect on a promissory note. Keck defended against the action by claiming that any money that he owed PCGH was offse...

J.P. v. Carlsbad Unified Sch. Dist.  
Date: December 12, 2014
Docket Number: D062912

Justia Opinion Summary: A jury found defendant Carlsbad Unified School District (CUSD) liable for negligently supervising an elementary school teacher, Raymond Firth, who sexually molested plaintiffs J. P. and E. B. The jury awarded the minors...

California v. Super. Ct.  
Date: December 12, 2014
Docket Number: E061117

Justia Opinion Summary: Defendant Thomas Ward was convicted of felon-addict in possession of a firearm in 2012 and was sentenced to two years in prison. Rather than parole, as a non-violent offender, he was placed under "community supervision"...

P. v. Walker
Date: December 11, 2014
Docket Number: B254183M
California v. Hernandez  
Date: December 11, 2014
Docket Number: C067260

Justia Opinion Summary: Defendant Jose Arturo Hernandez was convicted of two counts of attempted murder and five other charges and sentenced to 61 years to life in prison for crimes he committed when he was 16 years old.He argued on appeal that...

Petersen v. Bank of America  
Date: December 11, 2014
Docket Number: G048387

Justia Opinion Summary: The 965 plaintiffs were people who borrowed money from Countrywide in the mid-2000’s. The issue this case presented for the Court of Appeal's review centered on the permissive joinder statute (Code of Civil Procedure Sec...

People v. Sanchez  
Date: December 11, 2014
Docket Number: H037353

Justia Opinion Summary: After a member of the El Hoyo Palmas gang was killed by a member of a rival Sureño gang, there were several shootings, allegedly carried out in retaliation for the killing, by Sanchez, Rojas, Espana, and Castro. After a...

People v. Rahbari  
Date: December 10, 2014
Docket Number: A139464

Justia Opinion Summary: Rahbari was convicted of passing 26 checks with insufficient funds. He was sentenced, pursuant to Penal Code section 1170(h) to a term in county jail followed by mandatory supervision and was ordered to pay restitution t...

Ardon v. City of Los Angeles  
Date: December 10, 2014
Docket Number: B252476

Justia Opinion Summary: Ardon claimed that Los Angeles improperly collected a Telephone Users Tax (TUT). Ardon asserted that a 2007 amendment to the TUT was illegal because it expanded an excise tax that required approval by a majority of voter...

Maas v. Super. Court  
Date: December 10, 2014
Docket Number: D064639

Justia Opinion Summary: In 1998, Michael Maas was convicted of grand theft of an automobile and unlawful driving or taking of a vehicle. He was sentenced to 25 years to life in prison. In a subsequent case, he was convicted of burglary and forg...

In re Jose O.  
Date: December 9, 2014
Docket Number: A141001

Justia Opinion Summary: Jose became a dependent of the Mendocino County juvenile court in 2008. He was placed in a group home, from which he ran away in 2013. Subsequent wardship petitions under Welfare and Institutions Code 602(a) alleged that...

P. v. Murillo
Date: December 9, 2014
Docket Number: B246522M
L.A. Police Protective League v. City of L.A.  
Date: December 9, 2014
Docket Number: B250922

Justia Opinion Summary: Los Angeles Police Department (LAPD) challenged transfers that did not affect compensation or other specified rights, solely because the transfer may lead to negative employment consequences or because of the officer’s b...

Cal. Bank & Trust v. Del Ponti  
Date: December 9, 2014
Docket Number: E053187

Justia Opinion Summary: Five Corners Rialto, LLC obtained a construction loan from Vineyard Bank to develop a 70-unit townhome project. Thomas DelPonti and David Wood, principals of Five Corners, guaranteed the loan. Five Corners contracted wit...

California v. Gonzalez  
Date: December 9, 2014
Docket Number: E059859

Justia Opinion Summary: Defendant-respondent Mario Alberto Gonzalez was charged with: (1) five counts of violating Penal Code1 section 422 (criminal threats) (counts 1 through 5), all of which also specially alleged violations of section 186.22...

In re Maya L.  
Date: December 8, 2014
Docket Number: B254628

Justia Opinion Summary: Mother was arrested for child endangerment after her four-year old daughter, Maya, fell from the trunk of a moving vehicle. Maya scraped her knee, but was otherwise uninjured. The incident was witnessed by a police offic...

California v. Robinson  
Date: December 8, 2014
Docket Number: E056791

Justia Opinion Summary: Defendant Renee Robinson was charged with both aggravated mayhem, in violation of Penal Code section 205, and mayhem, in violation of Penal Code section 203 (“simple mayhem”). Both charges were based on a single incident...

Friends of the Kings River v. County of Fresno  
Date: December 8, 2014
Docket Number: F068818

Justia Opinion Summary: The Carmelita aggregate mine and processing plants, proposed for 1,500 acres at the base of the Sierra Nevada foothills near Sanger and Reedley, includes a reclamation plan for creating a usable postmining site. Fresno C...

J.B.B. Inv. Partners v. Fair  
Date: December 5, 2014
Docket Number: A140232

Justia Opinion Summary: The trial court granted a motion to enforce a settlement between plaintiffs and defendants. The trial court found that defendant Fair’s printed name at the end of his email where he had agreed to settlement terms set for...

J.B.B. Investment Partners v. Fair
Date: December 5, 2014
Docket Number: A140232M
W. Hollywood Cmty. Health & Fitness Ctr. v. CA Unemp. Ins. Appeals Bd.  
Date: December 5, 2014
Docket Number: B248641

Justia Opinion Summary: Serban worked as a massage therapist at Voda Spa. Serban and Voda Spa disagree as to why he left that work, but the trial court found Serban had good cause to leave and that finding was not challenged. They also disputed...

Annocki v. Peterson Enters., LLC  
Date: December 5, 2014
Docket Number: B251434

Justia Opinion Summary: Defendant operates Geoffrey’s restaurant in Malibu. Decedent was operating a motorcycle on Pacific Coast Highway when it collided with a vehicle operated by Turner. Turner was exiting the Geoffrey’s parking lot. The medi...

Drell v. Cohen  
Date: December 5, 2014
Docket Number: B253688

Justia Opinion Summary: Cohen and Cohen and Associates Law Corporation represented Slack in a personal injury action on a contingent fee basis. They withdrew from the representation and Drell took over the case. Cohen asserted an attorney fee l...

Adoption of I.M.  
Date: December 5, 2014
Docket Number: B255038

Justia Opinion Summary: Stepfather sought to adopt nine-year-old I.M. Mother signed her consent. Father did not consent. Stepfather sought an order freeing I.M. from father’s custody and control, stating that mother had sole legal and physical...

California v. Oehmigen  
Date: December 5, 2014
Docket Number: C073771

Justia Opinion Summary: In January 2013, defendant Leonard Oehmigen filed a petition for the recall of his 1998 indeterminate life sentence pursuant to Penal Code section 1170.126.2 Defendant alleged that he was eligible for resentencing becaus...

Hale v. Sharp Healthcare  
Date: December 5, 2014
Docket Number: D064023

Justia Opinion Summary: In plaintiff-appellant Dagmar Hale's second appeal in a class action against Sharp Healthcare and Sharp Grossmont Hospital (collectively, Sharp), she argued Sharp unfairly charged her and other uninsured patients more fo...

People v. Kirvin  
Date: December 4, 2014
Docket Number: B246329

Justia Opinion Summary: Defendant was charged with two counts of corporal injury to a cohabitant, assault by means likely to produce bodily injury, dissuading a witness by force or threat, and 11 counts of attempting to dissuade a witness. The...

In re Butler  
Date: December 4, 2014
Docket Number: B253193

Justia Opinion Summary: Butler pleaded guilty to two counts of first degree murder and was sentenced to two concurrent terms of 27 years to life. In this appeal, the Warden challenged the trial court's order granting Butler's habeas corpus peti...

People v. Buza  
Date: December 3, 2014
Docket Number: A125542A

Justia Opinion Summary: Police saw Buza run from a burning police car, arrested him, and found evidence of arson. While he was in county jail, before any court appearance, Buza was asked to provide a DNA sample, required by Penal Code 296. He r...

Martinez v. Joe's Crab Shack Holdings
Date: December 3, 2014
Docket Number: B242807M
People v. Kunes  
Date: December 3, 2014
Docket Number: B251272

Justia Opinion Summary: Defendant appealed the trial court's denial of his motion to withdraw his plea of no contest to one count of escape by force. Defendant, while on home detention, cut his GPS electronic monitoring device, mailed it to the...

Lyons v. Santa Barbara County Sheriff's Ofc.  
Date: December 3, 2014
Docket Number: B256041

Justia Opinion Summary: Plaintiff filed a wrongful foreclosure action against defendants, alleging that they unlawfully participated in a nonjudicial foreclosure and eviction process. The trial court sustained a demurrer without leave to amend...

People v. Bolian  
Date: December 2, 2014
Docket Number: B252794

Justia Opinion Summary: Defendant pled guilty and admitted to two prior convictions within the meaning of Penal Code section 667.5, subdivision (b), and was sentenced to five years in state prison. On appeal, defendant challenged the trial cour...

Safari Associates v. Super. Ct.  
Date: December 2, 2014
Docket Number: D065684

Justia Opinion Summary: Petitioner Safari Associates and real party in interest Alan Tarlov arbitrated a dispute pursuant to a written agreement. The arbitrator awarded Safari damages, attorney fees, and costs. Safari petitioned to confirm the...

California v. Parker  
Date: December 2, 2014
Docket Number: E057890

Justia Opinion Summary: In 2000, defendant-appellant Wenonah Parker was found guilty, but not guilty of various crimes by reason of insanity. Defendant was committed to Patton State Hospital (Patton). In 2011, the trial court granted defendant...

City of Glendale v. Marcus Cable Associates, LLC  
Date: December 1, 2014
Docket Number: B246697

Justia Opinion Summary: This dispute arose out of a cable television services system operated by Charter within Glendale and the free public, educational, and governmental-affairs (PEG) requirements in connection with such services. Both partie...

P. v. Chaney
Date: December 1, 2014
Docket Number: C073949
Ferrick v. Santa Clara Univ.  
Date: December 1, 2014
Docket Number: H040252

Justia Opinion Summary: Ferrick, a former employee of Santa Clara University (SCU), a private institution, charged Travis, allegedly SCU’s “Director of Real Estate” and Ferrick’s immediate supervisor, with extensive wrongdoing and inappropriate...

People v. Miller  
Date: November 26, 2014
Docket Number: A135650

Justia Opinion Summary: After defendant's sister and her boyfriend left the scene of a verbal altercation with defendant, defendant went to the home of a friend and repeatedly shot his sister’s unarmed boyfriend. He was convicted of first degr...

People v. Jones  
Date: November 26, 2014
Docket Number: A140054

Justia Opinion Summary: A rear-end collision forced one vehicle down an embankment, so that the driver sustained injuries for which she sought treatment. The other car, a Toyota with major damage, was on the street unattended, with the air bags...

In re J.V.  
Date: November 26, 2014
Docket Number: A140587

Justia Opinion Summary: A 2006 juvenile delinquency petition alleged that then-16-year-old J. unlawfully took or drove a motor vehicle; received stolen property; and committed conspiracy. J. entered a negotiated admission to count 1 as reduced...

People v. $2,709 U.S. Currency  
Date: November 26, 2014
Docket Number: B250709

Justia Opinion Summary: Defendant was charged with two felony counts of possessing cocaine for sale and the People filed a petition to forfeit the $2,709 in cash found in her possession. Defendant argued that the trial court lacked jurisdiction...

People v. Walker  
Date: November 26, 2014
Docket Number: B254183

Justia Opinion Summary: Defendant pled no contest to four counts of driving under the influence (DUI) and was sentenced to six years in state prison. The trial court ordered defendant to pay restitution to four persons - two who had been named...

Bunker Hill Park v. U.S. Bank  
Date: November 26, 2014
Docket Number: B256822

Justia Opinion Summary: Bunker Hill petitioned to compel arbitration with its tenant, U.S. Bank, to resolve the parties' disagreement over whether subleases automatically terminate if the underlying lease between the parties terminates. For pur...

Van Horn v. Dept. Toxic Substances Control  
Date: November 26, 2014
Docket Number: C073173

Justia Opinion Summary: Plaintiff/Petitioner owned a 64-acre site in Jackson, California (comprised of five assessor parcel numbers), which included an 11-acre portion of (historical) arsenopyrite mine tailings, known as “Tim’s Corner” (the pro...

Marr. of McHugh
Date: November 26, 2014
Docket Number: G048551
Overstock.com, Inc. v. Goldman Sachs
Date: November 25, 2014
Docket Number: A135682M
Regent Alliance v. Rabizadeh  
Date: November 25, 2014
Docket Number: B244652

Justia Opinion Summary: Regent filed suit against buyer defendants, alleging that they purchased and resold converted property - children's clothing - from other defendants, against which the complaint also alleged conversion. The trial court g...

Palmer v. Super. Ct.  
Date: November 25, 2014
Docket Number: B255182

Justia Opinion Summary: The Firm and its former partner seek a writ of mandate in this action for legal malpractice, breach of fiduciary duty, and breach of contract against the Firm and the former partner. At issue was whether the attorney-cli...

Leslie O. v. Super. Ct.  
Date: November 25, 2014
Docket Number: B257385

Justia Opinion Summary: In this marital dissolution case, petitioner Leslie O. moved to have the child custody evaluator removed for bias and her evaluations stricken. Under the totality of the circumstances, the court concluded that the child...

Sierra Club v. Co. of San Diego  
Date: November 25, 2014
Docket Number: D064243

Justia Opinion Summary: In 2011, San Diego County updated its general plan wherein it issued a program environmental impact report (PEIR), and adopted various related mitigation measures. The Sierra Club sought, in a petition for writ of mandat...

Stephens & Stephens XII v. Fireman's Fund Ins.  
Date: November 24, 2014
Docket Number: A135938

Justia Opinion Summary: Fireman’s Insurance issued a policy covering loss from property damage, including rent, on a building owned by Stephens XII. Three days after the policy became effective, Stephens XII discovered the property had been ser...

In re M.D.  
Date: November 24, 2014
Docket Number: A139888

Justia Opinion Summary: A petition was filed under Welfare and Institutions Code section 602 alleging that the 16-year-old minor had committed a misdemeanor violation of Penal Code section 653.22, loitering with intent to commit prostitution. T...

Ben-Shahar v. Pickart  
Date: November 24, 2014
Docket Numbers: B250728, B251417

Justia Opinion Summary: After defendants purchased the building where plaintiff was living in a rent-controlled apartment, defendants served plaintiff with a 60-day notice to quit. Plaintiff subsequently initiated unlawful detainer proceedings...

California v. Phoenix  
Date: November 24, 2014
Docket Number: C069195

Justia Opinion Summary: Defendant Ronald Phoenix was convicted of crimes in Sacramento and Yolo Counties. He was originally sentenced to prison in the Sacramento County case. The Yolo County trial court resentenced defendant on the Sacramento c...

Engine Manufacturers Assn. v. CA Air Resources Bd.  
Date: November 24, 2014
Docket Number: C071891

Justia Opinion Summary: Engine Manufacturers Association (EMA) challenged certain regulations adopted by the California Air Resources Board (CARB) requiring engine manufacturers to obtain a sample of emissions of in-use heavy-duty engines equip...

Cleveland Nat. Forest v. San Diego Assn. of Gov.  
Date: November 24, 2014
Docket Number: D063288

Justia Opinion Summary: After the San Diego Association of Governments (SANDAG) certified an environmental impact report (EIR) for its 2050 Regional Transportation Plan/Sustainable Communities Strategy (transportation plan), CREED-2. The Afford...

Conway v. County of Tuolumne  
Date: November 24, 2014
Docket Number: F067505

Justia Opinion Summary: Plaintiff filed suit against the County after officers fired a tear gas canister into plaintiff's mobile home. On appeal, plaintiff challenged the trial court's grant of summary judgment to the County. In this case, once...

People v. Gardner  
Date: November 21, 2014
Docket Number: A135615

Justia Opinion Summary: Bean discovered that someone broke into his gun safe and took shotguns and a pistol. The safe had been pried open. The doors of Bean’s residence showed no signs of forced entry; there were tool marks on a gun safe and to...

People v. Moreno  
Date: November 21, 2014
Docket Number: A138758

Justia Opinion Summary: In 1971, Moreno was convicted of felony possession of barbiturates in San Mateo County and was placed on probation for two years with the condition that he serve one year in county jail. Moreno successfully completed pro...

Izell v. Union Carbide Corp.  
Date: November 21, 2014
Docket Number: B245085A

Justia Opinion Summary: Plaintiff and his wife filed suit against Union Carbide for personal injuries and loss of consortium stemming from plaintiff's exposure to Union Carbide asbestos and subsequent diagnosis of mesothelioma. On appeal, Union...

Laffitte v. Robert Half Int'l  
Date: November 21, 2014
Docket Number: B249253

Justia Opinion Summary: Plaintiff, on behalf of himself and other class members, settled a class action suit against Robert Half for $19 million. David Brennan, a member of the class objected to the settlement and the trial court overruled his...

Diego v. Pilgrim United Church of Christ  
Date: November 21, 2014
Docket Number: D063734

Justia Opinion Summary: Plaintiff-appellant Cecilia Diego sued her former employer, the Pilgrim United Church of Christ, alleging wrongful termination in violation of public policy. Diego alleged she was terminated as assistant director of Pilg...

CA Valley Miwok Tribe v. CA Gambling Control Com.  
Date: November 21, 2014
Docket Number: D064271

Justia Opinion Summary: This matter came before the Court of Appeal for a third time; this matter stemmed from the California Valley Miwok Tribe's dispute with the Gambling Control Commission over money collected and held as a "non-compact trib...

First CA Bank v. McDonald
Date: November 21, 2014
Docket Number: F067812M
Lofton v. Wells Fargo
Date: November 20, 2014
Docket Number: A136626M
Mountain Air, LLC v. Sundowner Towers, LLC  
Date: November 20, 2014
Docket Number: A138306

Justia Opinion Summary: Mountain Air sued Sundowner for breach of a contract to purchase real estate. Defendants alleged that the contract was illegal for failure to comply with subdivision laws and that it was extinguished by novation when the...

Saltonstall v. City of Sacramento  
Date: November 20, 2014
Docket Number: C077031

Justia Opinion Summary: The Sacramento Kings have played at the Sleep Train Arena since 1988. In January 2013, the team’s then owners entered into a tentative agreement to sell the Sacramento Kings to a group of investors in Seattle, Washington...

Willis v. Prime Healthcare Services
Date: November 19, 2014
Docket Number: B253712M
Elliott v. Geico  
Date: November 19, 2014
Docket Number: C072129

Justia Opinion Summary: Christina Elliott appealed the dismissal of her lawsuit against Geico Indemnity Company (Geico). Elliott’s husband was killed when his motorcycle was struck by a truck driven by a drunk driver, Lesa Shaffer, who was retu...

Scott v. C.R. Bard, Inc.  
Date: November 19, 2014
Docket Number: F066039

Justia Opinion Summary: Plaintiff filed suit against Bard, manufacturer and seller of polypropylene mesh kits, for personal injuries, and plaintiff's husband sought damages for loss of consortium. A jury found Bard was negligent and awarded $5....

Chevron USA v. County of Kern
Date: November 19, 2014
Docket Number: F066273M
Gwartz v. Weilert  
Date: November 18, 2014
Docket Number: F066581

Justia Opinion Summary: This appeal stemmed from an underlying fraudulent real estate sale. Plaintiffs, purchasers of the property, obtained a judgment for $1,553,800, which included $850,000 in punitive damages. Plaintiffs unsuccessfully attem...

Helgestad v. Vargas  
Date: November 18, 2014
Docket Number: G048888

Justia Opinion Summary: The issue on appeal in this case was one of first impression in California. An unmarried heterosexual couple had two children together, and a paternity test established that the child belonged to defendant-appellant, Geo...

Negro v. Super. Ct.
Date: November 18, 2014
Docket Number: H040146M
People v. Chubbuck  
Date: November 18, 2014
Docket Number: H040388

Justia Opinion Summary: Chubbuck was convicted of solicitation to commit assault with a deadly weapon. The court found true two “strike” allegations (Penal Code 1170.12) and sentenced him to 25 years to life. The appeals court affirmed. In 2012...

Conservatorship of the Person & Estate of Townsend  
Date: November 17, 2014
Docket Number: B247366

Justia Opinion Summary: Lender appealed from a judgment in favor of petitioner, as conservator of the person and estate of Louise E. Townsend, following a trial before a retired superior court judge appointed as a temporary judge. Petitioner mo...

Lin v. Coronado  
Date: November 17, 2014
Docket Number: B248848

Justia Opinion Summary: Plaintiff alleged that she "pooled" her $150,000 with $100,000 provided by River Forest and Elevation "in partnership for the purchase" of a residential property at a foreclosure auction for the purchase price of $250,00...

In re Daniel B.  
Date: November 17, 2014
Docket Number: B254274

Justia Opinion Summary: Mother appealed from the juvenile court's dispositional order declaring two of her children dependents of the court under Welfare and Institutions Code section 300, subdivisions (a), (b), and (j), removing them from the...

Garden Fresh Restaurant Corp. v. Super. Ct.  
Date: November 17, 2014
Docket Number: D066028

Justia Opinion Summary: Real party in interest Alicia Moreno sued her former employer petitioner Garden Fresh Restaurant Corporation for claims related to a variety of alleged Labor Code violations. Moreno filed the action as a putative class a...

Stine v. Dell'Osso
Date: November 14, 2014
Docket Number: A137679M
Squires v. City of Eureka  
Date: November 14, 2014
Docket Number: A138768

Justia Opinion Summary: Plaintiffs, the owners of 26 properties in the city of Eureka, sued the city and several individuals, alleging harassment, intentional interference with contractual relations, intentional interference with prospective ec...

David S. Karton v. Dougherty  
Date: November 14, 2014
Docket Number: B244231

Justia Opinion Summary: Karton filed suit against its former client for unpaid fees and costs and obtained a default judgment, including an award of attorney fees under the parties' retainer agreement. The court reversed the trial court's deter...

People v. Pedroza  
Date: November 14, 2014
Docket Number: B247666

Justia Opinion Summary: Defendant was convicted of first degree murder and conspiracy to commit murder. Defendant was then granted a motion for a new trial where the evidence corroborating an accomplice was insufficient. The trial court subsequ...

Willis v. Prime Healthcare Services  
Date: November 14, 2014
Docket Number: B253712

Justia Opinion Summary: Plaintiff filed a class action suit against defendant alleging Labor Code violations. Defendant filed a petition to compel arbitration and dismiss the class claims. On appeal, defendant challenged the trial court's order...

Wofford v. Super. Ct.
Date: November 14, 2014
Docket Number: D064633M
Overstock.com, Inc. v. Goldman Sachs Grp., Inc.  
Date: November 13, 2014
Docket Number: A133487

Justia Opinion Summary: Overstock.Com alleged that defendants intentionally depressed the price of Overstock stock by effecting “naked” short sales: sales of shares the brokerage houses and their clients never actually owned or borrowed to arti...

Overstock.com, Inc. v. Goldman Sachs Grp., Inc.  
Date: November 13, 2014
Docket Number: A135682

Justia Opinion Summary: Overstock.Com alleged that defendants intentionally depressed the price of Overstock stock by effecting “naked” short sales: sales of shares the brokerage houses and their clients never actually owned or borrowed to arti...

Gottschall v. Crane
Date: November 13, 2014
Docket Number: A136516M
In re Walgreen Co. Overtime Cases  
Date: November 13, 2014
Docket Number: B230191

Justia Opinion Summary: Plaintiff filed a class action against Walgreens, alleging that Walgreens violated employees' rights to meal breaks. The trial court denied plaintiff's motion for class certification. The court concluded that the trail c...

People v. Murillo  
Date: November 13, 2014
Docket Number: B246522

Justia Opinion Summary: Defendant appealed a judgment following his conviction of murder, attempted murder, and possession of a firearm by a felon. The court concluded that defendant should have been granted a mistrial where the trial court den...

Earl v. State Personnel Bd.  
Date: November 13, 2014
Docket Number: C074677

Justia Opinion Summary: Parole agent Baron Earl was disciplined by the California Department of Corrections and Rehabilitation for conducting a purportedly unlawful search of a residence, and after an administrative hearing the discipline was u...

Graciano v. Mercury General Corp.  
Date: November 13, 2014
Docket Number: D061956

Justia Opinion Summary: Plaintiff Sonia Graciano was injured after she was hit by a car driven by Saul Ayala. Ayala was insured by defendant California Automobile Insurance Company (CAIC). Three weeks after Graciano's attorney first contacted C...

In re: Marriage of Schu  
Date: November 12, 2014
Docket Number: B251636

Justia Opinion Summary: After twenty-three years of marriage, husband and wife separated when wife was convicted of seven counts of unlawful sexual intercourse with a minor under 16 years of age and three counts of oral copulation of a minor 18...

Bryan E. v. Super. Ct.  
Date: November 12, 2014
Docket Number: B256172

Justia Opinion Summary: The People filed a petition alleging that petitioner, who had recently turned 13 years old, committed assault with a deadly weapon and assault by means likely to produce great bodily injury. Petitioner denied the allegat...

P. v. Anthony
Date: November 12, 2014
Docket Number: E058264N
Garcia v. Lacey  
Date: November 12, 2014
Docket Number: F066681

Justia Opinion Summary: Plaintiff filed a pro se suit against a prison warden and others, alleging, among other things, that defendants entered plaintiff's prison cell on several occasions and confiscated or damaged his personal property withou...

Menefield v. Foreman
Date: November 12, 2014
Docket Number: F068484M
Martinez v. Joe's Crab Shack Holdings  
Date: November 10, 2014
Docket Number: B242807A

Justia Opinion Summary: This case arose when plaintiff filed suit seeking to represent a class of salaried managerial employees who worked at JCS restaurants in California on claims they had been misclassified as exempt employees and were entit...

John v. Super. Ct.  
Date: November 10, 2014
Docket Number: B256604

Justia Opinion Summary: Petitioner appealed an order requiring her to obtain approval for leave to file under the vexatious litigant statutes, Code Civ. Proc., 391-391.7, before continuing with her two related appeals from the judgment in favor...

Giorgio v. Synergy Management Group  
Date: November 6, 2014
Docket Number: B248752

Justia Opinion Summary: Synergy filed suit against defendant, alleging that defendant converted the assets of Synergy's assignor by submitting false expense reports resulting in the misappropriation of assets belonging to Synergy's assignor and...

Honeycutt v. Meridian Sports Club  
Date: November 6, 2014
Docket Number: B254180

Justia Opinion Summary: Plaintiff filed suit against Meridian after she was injured in a kickboxing class as a guest at Meridian. The trial court entered summary judgment for Meridian and plaintiff appealed. The court concluded that, based upon...

California v. Hicks  
Date: November 6, 2014
Docket Number: C073357

Justia Opinion Summary: In 2008, a trial court sentenced defendant Tyrea Hicks to 25 years to life in prison under the three strikes law for being a felon in possession of a firearm and a concurrent sentence of 25 years to life (that was later...

California v. Hussain  
Date: November 6, 2014
Docket Number: C074397

Justia Opinion Summary: In 2013, a jury found defendant guilty of grand theft of an automobile arising from an improper lien sale. The jury acquitted defendant of other charges arising from that sale, as well as the charge of operating a "chop...

Fiorini v. City Brewing Co.  
Date: November 6, 2014
Docket Number: F067046

Justia Opinion Summary: Plaintiff filed suit against City Brewing after his college-age son was shot to death by police after drinking two 23.5 cans of Four Loko. Plaintiff alleged that City Brewing, the company that brewed, bottled, and labele...

HH Computer Systems v. Pacific City Bank  
Date: November 6, 2014
Docket Number: G049028

Justia Opinion Summary: This appeal arose from a judgment entered after a demurrer by three banks to plaintiff’s second amended complaint was sustained without leave to amend. The three banks were US Metro Bank, Wilshire State Bank, and Pacific...

People v. Rodriguez  
Date: November 6, 2014
Docket Number: H038588

Justia Opinion Summary: San Jose Police investigated a tip that an individual was talking in a chat group about having sex with teenage girls. By serving a search warrant on America Online, the account holder was identified as defendant’s mothe...

Nasrawi v. Buck Consultants, LLC  
Date: November 6, 2014
Docket Number: H038894

Justia Opinion Summary: Plaintiffs, retired public employees of Stanislaus County and beneficiaries of a public pension trust administered by the Stanislaus County Employees Retirement Association sued defendants, providers of actuarial service...

Union Pacific Railroad v. Santa Fe Pacific Pipelines  
Date: November 5, 2014
Docket Number: B242864

Justia Opinion Summary: This appeal arose out of a declaratory relief action where the Railroad sought a determination of the rent due from the Pipeline for the continued use of its easements from 2004 to 2014. The Railroad obtained a declarati...

Thompson v. Petaluma Police Dep't  
Date: November 4, 2014
Docket Number: A137981

Justia Opinion Summary: Thompson filed a complaint, alleging that he operates a business and pays property taxes in Petaluma, seeking to enjoin the police from using taxpayer funds to order 30-day impoundment of vehicles pursuant to Vehicle Cod...

Maxwell v. Dolezal  
Date: November 4, 2014
Docket Number: B254893

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging that defendant invaded his privacy by commercial appropriation of his name, image, and website. Defendant demurred to all of plaintiff's claims and the trial court subsequ...

Kight v. CashCall  
Date: November 4, 2014
Docket Number: D063363

Justia Opinion Summary: In 2006, several borrowers sued their lender, CashCall, Inc., alleging CashCall monitored their telephone conversations without their knowledge or consent. Over CashCall's objections, the trial court certified a class on...

Aspen Grove Condo. Assn. v. CNL Income Northstar  
Date: November 3, 2014
Docket Number: C073530

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on a water retention basin that was dug in 2004 as part of an expansion project for ski resort Northstar Village. The resort was owned by CNL Income...

People v. Palafox  
Date: November 3, 2014
Docket Number: F067413

Justia Opinion Summary: Defendant was convicted of two special circumstance murders and sentence to consecutive terms of life in prison. On appeal, defendant contended that his sentence constituted cruel and unusual punishment under the federal...

Lawrence v. La Jolla Beach & Tennis Club  
Date: October 31, 2014
Docket Number: D064261

Justia Opinion Summary: When he was five years old, plaintiff Michael Lawrence fell from a window in his family's second story hotel room at the La Jolla Beach and Tennis Club and suffered serious head and brain injuries. Michael's parents, Nan...

California v. Aparicio  
Date: October 31, 2014
Docket Number: D064995

Justia Opinion Summary: In March 1985, a juvenile court found that Luis Ramon Aparicio committed battery with serious bodily injury after he dislocated the victim's nose by pushing the victim's head onto concrete. Aparicio was 15 years old at t...

Paulek v. CA Dept. of Water Resources  
Date: October 31, 2014
Docket Number: E060038

Justia Opinion Summary: Plaintiff-appellant Albert Thomas Paulek appealed the denial of his petition for a writ of mandate under the California Environmental Quality Act (CEQA). He sought a writ to direct defendant-respondent California Departm...

Colombo v. BRP US, Inc.  
Date: October 30, 2014
Docket Number: D062342

Justia Opinion Summary: Defendants-appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appealed a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel. Because plaintiffs were not...

Marr. of Fajota  
Date: October 30, 2014
Docket Numbers: D064816, D065118

Justia Opinion Summary: Elenita Fajota appealed a trial court order granting her ex-husband, Romer Fajota, joint legal custody of the couple's three children. According to Elenita, Romer admitted to engaging in acts of domestic violence, and th...

Edwards v. Lake Elsinore Unified etc.  
Date: October 30, 2014
Docket Number: E057413

Justia Opinion Summary: Plaintiff Lori Edwards appealed a trial court's ruling denying her petition for writ of mandate, challenging Edwards's classification and payment as a substitute teacher for the 2007/2008 school year. Edwards contends th...

P. v. Anthony
Date: October 30, 2014
Docket Number: E058264M
California v. G.H.  
Date: October 30, 2014
Docket Number: E059718

Justia Opinion Summary: Defendant-appellant G.H. appealed a trial court order correcting a previous order awarding defendant precommitment custody credits for time served against his three-year commitment to Patton State Hospital pursuant to Pe...

California v. Brown  
Date: October 30, 2014
Docket Number: E059809

Justia Opinion Summary: Defendant-appellant Willie Brown, a “Three Strikes” prisoner serving an indeterminate life sentence, appealed following the trial court’s order denying defendant’s petition to recall his sentence under the Three Strikes...

P. v. Tubbs
Date: October 30, 2014
Docket Number: F067312M
Aulisio v. Bancroft  
Date: October 30, 2014
Docket Number: G048906

Justia Opinion Summary: Anthony Aulisio, Jr., appealed a jury verdict that found defendants, consisting of his homeowner association's management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employe...

In re A.B.  
Date: October 29, 2014
Docket Number: A140804

Justia Opinion Summary: Two minors were removed from the home of their mother and placed in the homes of their respective biological fathers in early 2013 pursuant to Welfare and Institutions Code section 361.2. After a contested disposition he...

Kasem v. Dion-Kindem  
Date: October 29, 2014
Docket Number: B246916

Justia Opinion Summary: Plaintiff retained defendant to represent her in an action against Ralphs Grocery Company for breach of contract where plaintiff subleased property owned by Ralphs. Plaintiff subsequently filed suit against defendant, al...

Rosolowski v. Guthy-Renker  
Date: October 29, 2014
Docket Number: B250951

Justia Opinion Summary: Plaintiff filed suit against Guthy for violation of Business and Professions Code section 17529.5, alleging, among other things, that Guthy sent them unsolicited commercial email advertisements purporting to be from "Pro...

People v. Coleman  
Date: October 28, 2014
Docket Number: A134124A

Justia Opinion Summary: Coleman was charged with possession of cocaine base for sale (Health & Saf. Code 11351.5). Before the preliminary hearing, Coleman moved, under Brady v. Maryland for discovery of material in the personnel file of arresti...

Godfrey v. Oakland Port Servs. Corp.  
Date: October 28, 2014
Docket Number: A139274

Justia Opinion Summary: Named plaintiffs initiated a class action lawsuit against AB Trucking, claiming that AB did not pay its drivers for all hours worked, misclassified some drivers as non-employee trainees and did not pay them at all, and f...

Evilsizor v. Sweeney  
Date: October 28, 2014
Docket Number: A140059

Justia Opinion Summary: Sweeney issued a subpoena for bank records in the course of divorce proceedings with his wife, Evilsizor. The subpoena sought records from his wife’s accounts, but the records included financial information about her fat...

Stop the Casino 101 Coalition v. Brown
Date: October 28, 2014
Docket Number: A140203M
RNT Holdings v. United Gen. Title Ins.  
Date: October 28, 2014
Docket Number: B250089

Justia Opinion Summary: RNT appealed the trial court's grant of summary judgment on its claim for breach of insurance contract against RNT, arguing that the trial court erroneously determined that the claim failed in light of the terms of RNT's...

California v. James  
Date: October 28, 2014
Docket Number: C072199

Justia Opinion Summary: In case No. 12F03331, a jury found defendant Brenton James guilty of battery against a transportation worker, assault by means likely to produce great bodily injury, misdemeanor resisting, delaying, and obstructing an of...

Chevron USA v. County of Kern  
Date: October 28, 2014
Docket Number: F066273

Justia Opinion Summary: In this tax refund case, Chevron challenged the method by which the Kern County Assessor and Assessment Appeals Board valued oil and gas wells as new construction during three tax years, Rev. & Tax. Code, 5140 et seq. Th...

Bui v. Nguyen  
Date: October 28, 2014
Docket Number: H039310

Justia Opinion Summary: A jury found in Bui’s favor on an intentional misrepresentation claim and awarded him $150,000 against Hi-Tech Dental and $50,000 against Hi-Tech’s owner and dental assistant, Nguyen. About three weeks later, before judg...

Jones v. Martinez (Deckers Outdoor Corp.)  
Date: October 27, 2014
Docket Number: B249146

Justia Opinion Summary: Plaintiff filed a shareholder derivative action on behalf of Deckers to recover damages he claimed it suffered because of misconduct by Deckers' officers and directors. The trial court sustained defendants' demurrer with...

In re D.S.  
Date: October 27, 2014
Docket Number: H039774

Justia Opinion Summary: Mother, age 19, was released from jail and needed a place to stay, so she moved in with A., age 45, who had an extensive criminal history. Mother began prostituting at A.’s request. Both were arrested. A. remained incarc...

In re L.S.  
Date: October 24, 2014
Docket Number: C075626

Justia Opinion Summary: J.S. (mother) and L.S. (father), appealed juvenile court orders denying their petitions for modification and terminating parental rights to their minor children. The parents argued the court applied the wrong burden of p...

Amerigas Inc. v. Landstar Ranger, Inc.  
Date: October 24, 2014
Docket Number: E056989

Justia Opinion Summary: This matter arose from a propane tank falling on truck driver, Steven King, while an AmeriGas Propane, L.P. employee, David Jones (Jones), was unloading empty propane tanks from King’s flatbed trailer at an AmeriGas faci...

Quintanar v. Co. of Riverside  
Date: October 24, 2014
Docket Number: E058232

Justia Opinion Summary: The County of Riverside and the Riverside County Sheriff’s Department (collectively Department) demoted Deputy Jose Quintanar as a result of an incident in which Quintanar allegedly used excessive force. Pursuant to the...

California v. Anthony  
Date: October 24, 2014
Docket Number: E058264

Justia Opinion Summary: Defendant appealed a superior court’s order denying his petition for resentencing under the Three Strikes Reform Act of 2012. In 2000, a jury convicted defendant of first degree burglary and second degree burglary along...

First CA Bank v. McDonald  
Date: October 24, 2014
Docket Number: F067812

Justia Opinion Summary: The Bank filed a judicial foreclosure action to collect a loan secured by two parcels of real estate which had been made to a husband and wife. After the husband died, the loan went into default. The Bank and wife agreed...

Bowman v. Cal. Coastal Commission  
Date: October 23, 2014
Docket Number: B243015A

Justia Opinion Summary: This case stemmed from Walton Emmick's application to the County for a coastal development permit (CDP) to make improvements to his property. After Emmick died, the SDS Family Trust succeeded to the property. The County...

Jenkins v. Teegarden  
Date: October 23, 2014
Docket Number: E059692

Justia Opinion Summary: In 2007, Robert (Bob) Perry quitclaimed a house to defendant Charlotte (Jeanne) Teegarden, who was his friend and one of his caregivers. Teegarden prepared the quitclaim deed. In her deposition, Teegarden admitted that t...

Gottschall v. Crane Co.  
Date: October 22, 2014
Docket Number: A136516

Justia Opinion Summary: Gottschall sued 18 defendants for allegedly causing him to develop an “asbestos-related disease” because of the products those defendants produced, and to which he was exposed by his work from 1957 to 1989 in shipyards a...

Lofton v. Wells Fargo Home Mortg.  
Date: October 22, 2014
Docket Number: A136626

Justia Opinion Summary: In 2005 class counsel initiated a class action against Wells Fargo on behalf of thousands of mortgage consultants who had allegedly been misclassified as exempt employees. In 2006 ILG filed a putative class action allegi...

People v. Rossetti  
Date: October 22, 2014
Docket Number: A139041

Justia Opinion Summary: Patrol Officer Tyhurst was driving on Highway 242 in Contra Costa County when he saw a car weaving and traveling about 90 miles per hour in a 65 miles-per-hour-zone. Tyhurst activated his emergency lights. The vehicle...

Izell v. Union Carbide  
Date: October 22, 2014
Docket Number: B245085

Justia Opinion Summary: Plaintiffs, Bobbie and Helen Izell, filed suit against Union Carbide, alleging claims for personal injuries and loss of consortium stemming from Mr. Izell's alleged exposure to asbestos and subsequent diagnosis of mesoth...

Burien, LLC v. Wiley  
Date: October 22, 2014
Docket Number: B250182

Justia Opinion Summary: Landlord converted a rent-controlled apartment building to condominiums, obtained a new certificate of occupancy in 2009 based on the change in use, and raised the rent. Tenant objected. Landlord sought a declaration fro...

Blueberry Properties v. Chow  
Date: October 22, 2014
Docket Number: B254259

Justia Opinion Summary: This case arose when defendant entered into a settlement agreement to sell her property to Blueberry and then refused to consummate the sale. The trial court entered judgment pursuant to the terms of the agreement and or...

Ellis Law Group v. Nevada City Sugar Loaf Prop.
Date: October 22, 2014
Docket Number: C072820M
Wofford v. Super. Ct.  
Date: October 22, 2014
Docket Number: D064633

Justia Opinion Summary: After being convicted of drug-related offenses, Lavina Wofford was sentenced under the Realignment Act to serve a portion of her prison sentence released into the community under the mandatory supervision of the probatio...

In re Juan A.  
Date: October 22, 2014
Docket Number: D064890

Justia Opinion Summary: Juan A. was charged with one count of misdemeanor battery on school property; resisting an officer; disturbing the peace; and felony threatening a public officer or employee. At the time of the adjudication hearing, the...

People v. Whitmer  
Date: October 21, 2014
Docket Number: B231038B

Justia Opinion Summary: Defendant appealed his convictions for 20 counts of grand theft and 20 counts of making false statements. The Supreme Court granted defendant's subsequent petition for review and limited its review to the court's determi...

Kenne v. Stennis  
Date: October 21, 2014
Docket Number: B242262

Justia Opinion Summary: Defendant and his wife appealed from the trial court's order denying, in part, their anti-SLAPP statute, Code of Civil Procedure section 425.16, special motion to strike claims against them. The claims arose out of the w...

People v. Dawkins  
Date: October 21, 2014
Docket Number: B245611

Justia Opinion Summary: Defendant, convicted of first degree burglary, contended that the audio recording of a 9-1-1 call was inadmissible in evidence because it was not properly authenticated. The court concluded that the trial court did not a...

People v. Harbison  
Date: October 21, 2014
Docket Number: B251492

Justia Opinion Summary: Defendant was convicted of possession of methamphetamine and being under the influence of methamphetamine. On appeal, defendant challenged the trial court's finding that defendant was not amenable to treatment under the...

California v. Mullendore  
Date: October 21, 2014
Docket Number: D064675

Justia Opinion Summary: Sean Mullendore appealed his convictions of felony throwing a substance at a vehicle (Veh. Code, 23110, subd. (b)), and misdemeanor assault and vandalism. He argued that the section 23110(b) conviction should have been r...

Weakly-Hoyt v. Foster  
Date: October 21, 2014
Docket Number: F067626

Justia Opinion Summary: Plaintiff filed suit against defendant, a plastic surgeon, for medical malpractice. Defendant failed to answer the complaint but notified plaintiff that he filed a bankruptcy proceeding. Plaintiff then obtained an order...

Old Republic Constr. Program Grp. v. Boccardo Law Firm  
Date: October 21, 2014
Docket Number: H037989A

Justia Opinion Summary: The attorneys filed suit on behalf of Carabello, who was injured in a collision while acting in the course of his employment. Old Republic, the workers’ compensation insurer, intervened to seek reimbursement. Casby, the...

Jones v. Wachovia Bank  
Date: October 21, 2014
Docket Number: H038382

Justia Opinion Summary: Plaintiffs sought damages under the doctrine of promissory estoppel after losing their home in a foreclosure sale which they understood from a phone conversation with the bank would be postponed to a date 10 days after t...

Negro v. Superior Ct.  
Date: October 21, 2014
Docket Number: H040146

Justia Opinion Summary: Navalimpianti, suing its former officers and employees (including Negro) in Florida, sought to obtain copies of e-mail messages stored by Google in California. Navalimpianti caused a subpoena to be served on Google, whic...

Stine v. Dell'Osso  
Date: October 17, 2014
Docket Number: A137679

Justia Opinion Summary: In 2002, David hired the Attorneys to represent him in petitioning for his appointment as probate conservator of the person and estate of his mother, Donna. In his petition, David represented there were no conservatorshi...

Friends of the Eel River v. N. Coast RR. Auth.
Date: October 17, 2014
Docket Number: A139222M
Nixon Peabody v. Super. Ct.  
Date: October 17, 2014
Docket Number: B256871

Justia Opinion Summary: Petitioner represented real parties in the purchase of two Florida golf clubs. In the underlying action, real parties filed suit alleging that petitioner failed in its duty to ensure proper disclosures were made to real...

Johnson v. Appellate Div.  
Date: October 17, 2014
Docket Number: H039764

Justia Opinion Summary: Johnson was convicted of disorderly conduct. Over Johnson’s objection, his appeal was heard by a panel of two appellate division judges. That panel affirmed. Johnson then filed a petition for rehearing, contending that t...

California v. Garcia  
Date: October 16, 2014
Docket Number: C074279

Justia Opinion Summary: Defendant Armando Garcia appealed the denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act). The court based the denial on its finding that defendant posed “an unreasonable risk of...

In re D.H.  
Date: October 16, 2014
Docket Number: C075278

Justia Opinion Summary: Jason H. (father) appealed the juvenile court’s determination to deny him reunification services with the minors, now 16-year-old D.H. and seven-year-old T.H. The trial court found two reunification bypass provisions app...

California v. Blakely  
Date: October 16, 2014
Docket Number: D066381

Justia Opinion Summary: Anthony Blakely pled not guilty and not guilty by reason of insanity to assault with a deadly weapon and robbery. The jury convicted him of both counts. After the evidence was presented in the sanity phase of the trial,...

California v. Brimmer  
Date: October 16, 2014
Docket Number: E058563

Justia Opinion Summary: In 1997, an Independence Day the apartment complex at which defendant, his common law wife Claudette Walters, and his infant daughter resided, held a party. Both defendant and his wife were drinking, and at some point go...

Solus Industrial Innovations v. Super. Ct.
Date: October 16, 2014
Docket Number: G047661N
Coalition for Adequate Review v. City & County of S.F.
Date: October 15, 2014
Docket Number: A135512M
Dynamex v. Super. Court  
Date: October 15, 2014
Docket Number: B249546

Justia Opinion Summary: Plaintiff, seeking to represent approximately 1,800 drivers engaged by Dynamex as independent contractors, filed suit against Dynamex for violation of California law when the courier and delivery services company convert...

People v. Lind  
Date: October 15, 2014
Docket Number: B250350

Justia Opinion Summary: The People appealed the trial court's order granting defendants' motion to set aside an information that charged them with conspiracy to commit perjury and perjury. The People argued that the motion to disqualify the mag...

Kan v. Guild Mortgage  
Date: October 15, 2014
Docket Number: B254007

Justia Opinion Summary: Plaintiff filed a quiet title complaint against Guild and others, alleging that the loans secured by the real property at issue were securitized, resulting in defendants' interest in the real property being extinguished,...

Verizon California v. Bd. of Equalization  
Date: October 15, 2014
Docket Number: C074179

Justia Opinion Summary: The issue this case presented for the Court of Appeal centered on a property tax refund action for the 2007 tax year filed by plaintiff, Verizon California Inc. The trial court dismissed the case after it sustained defen...

California v. Gjersvold  
Date: October 15, 2014
Docket Number: E059392

Justia Opinion Summary: In 2013, the Department of Consumer Affairs revoked defendant’s private investigator license. A month later, defendant presented his revoked license and his driver’s license to enter the Larry D. Smith Correctional Facil...

Menefield v. Foreman  
Date: October 15, 2014
Docket Number: F068484

Justia Opinion Summary: Plaintiff challenged the denial of his writ of mandate seeking to compel appeals coordinators at Pleasant Valley State Prison to complete the processing of an inmate appeal submitted by plaintiff. The court concluded tha...

Palomar Grading v. Wells Fargo  
Date: October 15, 2014
Docket Numbers: G049907, G049910

Justia Opinion Summary: This case was one of a number of cases which have, in the aftermath of the "Great Recession" that hit Riverside and San Bernadino counties particarly hard. This appeal stemmed from the construction of a Kohl’s department...

Millview County Water Dist. v. State Water Res.
Date: October 14, 2014
Docket Number: A139481M
People v. Archer  
Date: October 14, 2014
Docket Number: B250502

Justia Opinion Summary: After defendant pleaded guilty pursuant to a plea agreement, he argued on appeal that the trial court erred in denying his motion to withdraw his plea because it misstated the maximum term of imprisonment he faced if he...

In re Quentin H.  
Date: October 14, 2014
Docket Number: B253816

Justia Opinion Summary: Father, convicted of sexual abuse of a child under 14 years old in 1987, appealed the jurisdiction findings and disposition order declaring his children dependents of the juvenile court. Welfare and Institutions Code sec...

Huntington Contin. Townhouse Assn. v. Miner  
Date: October 14, 2014
Docket Number: G049624

Justia Opinion Summary: The question this case presented for the Court of Appeal's review was whether a homeowners association was required by the Davis-Stirling Common Interest Development Act to accept partial payments from an owner of a sepa...

Willemsen v. Mitrosilis  
Date: October 14, 2014
Docket Number: G050075

Justia Opinion Summary: Plaintiff-appellant Ron Willemsen, a purchaser of vacant land, sued various parties involved in the sale of the land, including defendant-respondent AppraisalPacific, Inc., the appraisal company hired by Willemsen’s lend...

Williams v. Superior Court of Orange County  
Date: October 14, 2014
Docket Number: G050280

Justia Opinion Summary: In "Morrissey v. Brewer,"(408 U.S. 472 (1972)), the United States Supreme Court held that a parolee is entitled to certain procedural due process protections before parole may be revoked. Among these is the right to a pr...

Guerrero v. Pacific Gas & Elec. Co.  
Date: October 10, 2014
Docket Number: A139429

Justia Opinion Summary: In 2010, a PG&E natural gas pipeline exploded in San Bruno, CA, causing death, great physical injuries, and extensive property damage. Governmental entities investigated the incident and PG&E’s business practices. The Pu...

People v. Tubbs  
Date: October 10, 2014
Docket Number: F067312

Justia Opinion Summary: Defendant pled guilty to drug offenses and subsequently petitioned for resentencing under Penal Code section 1170.126, commonly known as the Three Strikes Reform Act of 2012. Defendant was resentenced and subject to post...

P. v. Michael E.
Date: October 9, 2014
Docket Number: A138712M
Lunada Biomedical v. Nunez  
Date: October 9, 2014
Docket Number: B243205

Justia Opinion Summary: Laura Nunez's attorneys served Lunada with a notice under the Consumer Legal Remedies Act (CLRA), Civil Code section 1750 et seq., alleging that her dietary supplement, Amberen, was being marketed falsely and misleading...

People v. Clark  
Date: October 9, 2014
Docket Number: B253036

Justia Opinion Summary: Defendant appealed his conviction after pleading guilty to possession of cocaine and a short-barreled shotgun. Defendant argued that the district court erred in denying his motion to suppress evidence under Penal Code se...

People v. Accredited Surety Casualty Co.  
Date: October 9, 2014
Docket Number: F067506

Justia Opinion Summary: Accredited Surety, through its bail agent, posted bond for the release of defendant in Fresno County Superior Court. Defendant failed to appear for arraignment and the trial court issued a bench warrant for defendant, a...

Network Capital Funding Corp. v. Papke  
Date: October 9, 2014
Docket Number: G049172

Justia Opinion Summary: Plaintiff-respondent Network Capital Funding Corporation filed a declaratory relief action alleging its arbitration agreement with defendant-appellant Erik Papke required Papke to arbitrate his wage and hour claims on an...

Indio Police Command Unit Assn. v. City of Indio  
Date: October 9, 2014
Docket Number: G050051

Justia Opinion Summary: The City of Indio and its chief of police appealed a judgment which granted a permanent injunction in favor of the Indio Police Command Unit Association (the PCU), and two of its police officer members, prohibiting the C...

California v. Rinehart  
Date: October 8, 2014
Docket Number: C074662

Justia Opinion Summary: The District Attorney of Plumas County filed a criminal complaint charging defendant with a violation of section 5653, subdivision (a) of the Fish and Game Code in that he used vacuum and suction dredge equipment in a ri...

California v. Batchelor  
Date: October 8, 2014
Docket Number: E054475M

Justia Opinion Summary: Defendant Larry Jason Batchelor appealed his conviction after two separate trials of implied malice murder and gross vehicular manslaughter while intoxicated. As to the first trial, defendant argued: (1) the evidence was...

Lobo v. Tamco  
Date: October 8, 2014
Docket Number: E054523

Justia Opinion Summary: In "Lobo v. Tamco" (182 Cal.App.4th 297 (2010)) (Lobo I), the Court of Appeal reversed a summary judgment in favor of the defendant, Tamco, and remanded the matter for further proceedings in the trial court. Trial was he...

Hoang v. Cal. State Board of Pharmacy  
Date: October 8, 2014
Docket Number: G049275

Justia Opinion Summary: In November 2007, the California Board of Pharmacy filed an "Accusation," seeking to discipline plaintiff Tue Ngoc Hoang and his pharmacy, Orange Pharmacy. The Accusation contained five counts; four related to alleged un...

Snyder v. Cal. Ins. Guarantee Assn.
Date: October 7, 2014
Docket Number: A139263M
CB Richard Ellis v. Terra Nostra Consultants  
Date: October 7, 2014
Docket Number: G049803

Justia Opinion Summary: Plaintiff CB Richard Ellis, Inc. (CBRE), pursuant to a 2004 listing agreement, sought a commission after the 2005 sale of 38 acres of land in Murrieta. Arbitration proceedings between CBRE and the seller, Jefferson 38, L...

Baek v. Continental Casualty Co.  
Date: October 6, 2014
Docket Number: B251201

Justia Opinion Summary: Plaintiff was employed as a massage therapist with HMWC when he was accused in an underlying action for sexually assaulting a client during a massage. In this case, plaintiff filed suit against Continental, HMWC's compre...

People v. Jones  
Date: October 6, 2014
Docket Number: F066467

Justia Opinion Summary: Defendant appealed his conviction for first degree murder and second degree robbery. The court held that a verdict finding defendant "[g]uilty of violation of section 187(a) of the Penal Code, a felony, first degree murd...

Meister v. Mensinger  
Date: October 6, 2014
Docket Number: H036861

Justia Opinion Summary: The Meisters were preferred shareholders in Sesame, a now-dissolved software company. Mensinger was Sesame’s chief financial officer and Koppel was its chief executive officer. Sesame experienced financial difficulties,...

Peope v. Evans  
Date: October 3, 2014
Docket Number: A138712

Justia Opinion Summary: Evans took his computer in for service. A technician found images that appeared to be young girls engaged in sexual activity and called police. Indicating he did not consider the images pornographic, an officer asked Sta...

People. v. Vaughn  
Date: October 3, 2014
Docket Number: A139318

Justia Opinion Summary: In early 2011, Martin began working as an informant for law enforcement, purchasing firearms from prohibited persons. At the time, Martin supported himself by selling items for other people on the Internet. Defendant inf...

Stop the Casino 101 Coal. v. Brown  
Date: October 3, 2014
Docket Number: A140203

Justia Opinion Summary: Stop the Casino 101 Coalition sought to invalidate a compact between the state and the Federated Indians of the Graton Rancheria authorizing the operation of a gaming casino on a 254-acre parcel in and adjacent to the Ci...

People v. White  
Date: October 3, 2014
Docket Number: B250069

Justia Opinion Summary: Defendant Gales was found guilty of attempted voluntary manslaughter and shooting at an inhabited dwelling, and Defendant White was found guilty of possession of a firearm by a felon and shooting at an inhabited dwelling...

In re D'Anthony D.  
Date: October 3, 2014
Docket Number: B251066

Justia Opinion Summary: Father appealed from a dispositional order denying his request for custody of his son and daughter, who were removed from their mother's custody under Welfare and Institutions Code section 361. The court concluded that t...

Ellis Law Group v. Nevada City Sugar Loaf Prop.  
Date: October 3, 2014
Docket Number: C072820

Justia Opinion Summary: "[A]ll too often attorney fees become the tail that wags the dog in litigation." Nevada City Sugar Loaf Properties LLC challenged an award of $14,553.50 in attorney fees to Ellis Law Group LLP (ELG) as the prevailing par...

Larson v. UHS of Rancho Springs  
Date: October 3, 2014
Docket Number: G050081

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on whether a plaintiff's claims for battery and intentional infliction of emotional distress were based on a health care provider's professional neg...

Ellena v. Dept. of Ins.  
Date: October 1, 2014
Docket Number: A137268

Justia Opinion Summary: Ellena filed a complaint against Standard Insurance Company and the Department of Insurance, alleging that Standard failed to provide benefits under a group insurance policy issued through her employer (Sonoma County) af...

C.F. v. Superior Court  
Date: October 1, 2014
Docket Number: A142192

Justia Opinion Summary: The Mendocino County Health and Human Services Agency filed a petition under Welfare and Institutions Code section 300 on behalf of Minors, ages 3, 7, and 8, alleging that Mother had a substance abuse problem that inhibi...

In re Ernesto R.  
Date: October 1, 2014
Docket Number: B255116

Justia Opinion Summary: Mother appealed an order terminating her parental rights to her one-year-old son based on her long term substance abuse. The court concluded that Mother was not denied effective assistance of counsel where her trial atto...

People v. Fields  
Date: September 30, 2014
Docket Number: A135605

Justia Opinion Summary: Fields and Griffin were convicted of eight counts of pimping, pandering, and committing sexual offenses against minors. The court entered a restitution order in favor of victim Jane Doe 1 jointly and severally against th...

Hernandez v. Siegel  
Date: September 30, 2014
Docket Number: A139653

Justia Opinion Summary: Attorneys Siegel and Weills represented Hernandez in a successful employment discrimination lawsuit in which attorney fees and costs were awarded, pursuant to Government Code section 12965. The total amount of the fee aw...

Najah v. Scottsdale Ins. Co.  
Date: September 30, 2014
Docket Numbers: B241097, B245960

Justia Opinion Summary: Plaintiffs filed suit against Scottsdale for breach of its insurance contract and tortious breach of the implied covenant of good faith and fair dealing. At issue was whether plaintiffs can pursue a claim for preforeclos...

People v. Christiansen  
Date: September 30, 2014
Docket Number: B252804

Justia Opinion Summary: Defendant was found to be factually innocent of four counts of conflict of interest in violation of Government Code section 1090. On appeal, defendant challenged the superior court's order denying her request for the sea...

Moorefield Constr. v. Intervest-Mortgage  
Date: September 30, 2014
Docket Number: D065464

Justia Opinion Summary: Defendants / cross-complainants Intervest-Mortgage Investment Company and Sterling Savings Bank (together Intervest) appealed a judgment in favor of plaintiff / cross-defendant Moorefield Construction, Inc. The parties'...

Friends of the Eel River v. N. Coast RR. Auth.  
Date: September 29, 2014
Docket Number: A139222

Justia Opinion Summary: North Coast Railroad Authority (NCRA), a public agency established by Government Code section 93000, entered into a contract with the Northwestern Pacific Railroad Company (NWPRC), allowing NWPRC to conduct freight rail...

In re Francisco D.  
Date: September 29, 2014
Docket Number: B251917

Justia Opinion Summary: Adoptive Mother appealed the juvenile court's removal of her adoptive son from her care under Welfare and Institutions Code section 300. The court affirmed the juvenile court's finding of jurisdiction over the child unde...

Otay Ranch, L.P. v. County of San Diego  
Date: September 29, 2014
Docket Number: D064809

Justia Opinion Summary: San Diego County approved a "Remedial Action Plan" (RAP) for a remediation project at the former Otay Skeet and Trap Shooting Range (Project) in Chula Vista, and adopted a "Final Mitigated Negative Declaration" (MND). Th...

People v. Doss  
Date: September 26, 2014
Docket Number: A137203

Justia Opinion Summary: Doss was convicted of assault with a deadly weapon and battery after the court revoked Doss’s right to represent himself under Faretta v. California (1975). The appeals court held that the trial court applied an incorrec...

Vasquez v. CA School of Culinary Arts  
Date: September 26, 2014
Docket Number: B250600

Justia Opinion Summary: Sallie Mae, real party in interest, appealed an order awarding plaintiffs attorney fees and costs after plaintiffs successfully opposed Sallie Mae's motion to quash a business records subpoena seeking electronically stor...

Cooper v. Lavely & Singer  
Date: September 26, 2014
Docket Number: B251508

Justia Opinion Summary: Plaintiff appealed the trial court's confirmation of a Revised Final Award in an underlying arbitration proceeding. In this case, the arbitrator's denial of a fee award in the Final Award falls under Moshonov v. Walsh, n...

C.S. v. W.O.  
Date: September 26, 2014
Docket Number: B251797

Justia Opinion Summary: C.S. was involved in a family law dispute with her ex-boyfriend over the custody of their daughter. On appeal, C.S. challenged the trial court's denial of two applications for waiver of court fees and costs based on C.S....

Golightly v. Molina  
Date: September 25, 2014
Docket Number: B246413

Justia Opinion Summary: Plaintiff filed suit against the County and others, claiming that the County secretly uses public funds to enter into Social Program Agreements (SPAs) with social service providers in violation of the Brown Act, Gov. Cod...

Eneaji v. Ubboe  
Date: September 25, 2014
Docket Number: B247885

Justia Opinion Summary: Plaintiff challenged an order denying her request to renew a domestic violence restraining order against her former spouse. On rehearing, the court reinstated the original opinion reversing the order denying the request...

People v. Espinosa  
Date: September 25, 2014
Docket Number: B249493

Justia Opinion Summary: The People appealed the trial court's order reducing defendant's first degree murder conviction to second degree murder, and resentencing him to a lower term. The court vacated the trial court's order based on lack of su...

Zucchet v. Galardi  
Date: September 25, 2014
Docket Number: D064104

Justia Opinion Summary: Defendant-appellant Michael Galardi appealed the trial court's order denying his special motion to strike under the anti-SLAPP statute in a malicious prosecution action brought against him by Michael Zucchet. Galardi own...

Nguyen v. Western Digital Corp.  
Date: September 25, 2014
Docket Number: H038934

Justia Opinion Summary: Nguyen was born in 1994. She was 16 years old when she filed a complaint, alleging that her mother’s occupational exposure and her in utero exposure to hazardous and toxic chemicals at Western Digital Corporation (WDC) c...

Picayune Rancheria v. Brown  
Date: September 24, 2014
Docket Number: C074506

Justia Opinion Summary: Plaintiff Picayune Rancheria of Chukchansi Indians owned and operated a resort and casino on its rancheria lands in Madera County. In 2005, another tribe, the North Fork Rancheria of Mono Indians, submitted a request to...

In re J.S.
Date: September 24, 2014
Docket Number: E060554M
Mercury Casualty v. Chu  
Date: September 24, 2014
Docket Number: G049132

Justia Opinion Summary: Mercury Casualty Company filed an action seeking declaratory relief regarding its obligation to students Hung Chu and his roommate Tu Pham. Mercury issued an automobile policy to Chu insuring his 1995 Honda Accord. Chu w...

Fleet v. Bank of America  
Date: September 23, 2014
Docket Number: G050049

Justia Opinion Summary: The Fleets applied to have their Bank of America (BofA) home loan modified in 2009 under the Making Homes Affordable Act. The result of multiple telephone calls and letters to various BofA-related personnel, the Fleets w...

People v. Fialho  
Date: September 23, 2014
Docket Number: H038119

Justia Opinion Summary: Fialho was convicted of voluntary manslaughter (Pen. Code 192 (a)), attempted voluntary manslaughter (664 (a), 192 (a)), and carrying a concealed dirk or dagger (former 12020(a)(4)). The jury found that Fialho had person...

926 North Ardmore Ave., LLC v. County of L.A.  
Date: September 22, 2014
Docket Number: B248536

Justia Opinion Summary: Ardmore paid a county demand notice for a documentary transfer tax and then filed a tax refund action, contending that Revenue and Taxation Code section 11911 does not authorize a documentary transfer tax based on the ch...

In re Michael H., Jr., et al.  
Date: September 22, 2014
Docket Number: B249243

Justia Opinion Summary: Father appealed two orders affirming the decision of social workers not to commence dependency proceedings on behalf of his sons. The court concluded that had the Legislature intended an order by the juvenile court affir...

People v. Pennington  
Date: September 22, 2014
Docket Number: B249482

Justia Opinion Summary: Defendant appealed from a conviction of felony resisting an executive officer; misdemeanor battery on a peace officer; misdemeanor trespass; and misdemeanor attempted petty theft. The court held that there was sufficient...

Holguin v. Dish Network LLC  
Date: September 22, 2014
Docket Number: D059983

Justia Opinion Summary: Defendants DISH Network LLC, AT&T Corporation, and EchoStar Satellite LLC appealed a judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin following a jury trial on the Holguins' complain...

Solus Industrial Innovations, LLC v. Super. Ct.  
Date: September 22, 2014
Docket Number: G047661A

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on whether federal law preempted the effort by a district attorney to recover civil penalties under California’s Unfair Competition Law (UCL) based...

In re Jaden E.  
Date: September 19, 2014
Docket Number: A139117

Justia Opinion Summary: San Mateo County Human Services received referrals indicating that Jaden (age 7), was chronically tardy and absent from school and routinely picked up late from his after-school program. His school behavior had deteriora...

Berman v. Regents of UCSD  
Date: September 19, 2014
Docket Number: D065141

Justia Opinion Summary: Daniel Berman appealed a judgment denying his petition for writ of mandate against the Regents of the University of California. He wanted to overturn a two-quarter suspension from the University of California San Diego (...

Ducoing Management v. Super. Ct.  
Date: September 19, 2014
Docket Number: G050457

Justia Opinion Summary: "This writ petition demonstrates the importance of the disposition in an appellate opinion in determining the form of judicial relief, particularly when the disposition reverses a judgment and remands for retrial. The di...

California v. De La Rosa  
Date: September 18, 2014
Docket Number: C073061

Justia Opinion Summary: Defendant Rudy Francisco De La Rosa appealed an order committing him to the trial competency program at Napa State Hospital. He contended insufficient evidence supported the finding that he was not competent to stand tri...

California v. Watt  
Date: September 18, 2014
Docket Number: E058212

Justia Opinion Summary: A jury convicted defendant Bryan Watt of receiving stolen property and he was granted probation. He appealed, claiming there was insufficient evidence to support the verdict, the jury was misinstructed and two of his pro...

Los Alamitos Unified etc. v. Howard Contracting  
Date: September 18, 2014
Docket Number: G049194

Justia Opinion Summary: Los Alamitos Unified School District (the District) filed an action to validate its lease-leaseback agreement with a contractor performing improvements on the track and athletic field of the District's high school. Anoth...

Pope v. Babick  
Date: September 18, 2014
Docket Number: G049629

Justia Opinion Summary: This case centered on a July 2008 motor vehicle accident. The vehicle occupied by plaintiffs Leo Pope and Judi Nightingale was hit by a vehicle driven by Debbie Sert (who was no longer a party). Plaintiffs proceeded to t...

Snyder v. CA Ins. Guar. Ass'n  
Date: September 17, 2014
Docket Number: A139263

Justia Opinion Summary: Trustees of the Western Asbestos Settlement Trust, charged with paying bodily injury claims against companies that distributed asbestos-containing building materials, sought coverage under the companies’ insurance polici...

Scottsdale Indemnity v. National Continental Insurance Co.  
Date: September 17, 2014
Docket Number: C071416

Justia Opinion Summary: Manuel Lainez had been independently driving commercial vehicles for eight and a half years. He owned his own truck and his own business, Lainez Trucking. He purchased a trucker’s liability policy from Scottsdale Indemni...

California v. Chaides  
Date: September 17, 2014
Docket Number: E059517

Justia Opinion Summary: The State alleged that defendant Ricardo Chaides had a prior felony conviction under Penal Code section 12025, subdivision (b)(3) and that this conviction constituted a strike for purposes of the three strikes law. The t...

People. v. Sem  
Date: September 17, 2014
Docket Number: H039252

Justia Opinion Summary: Restitution for crime victims is a California constitutional right; Penal Code 1203.2 (a) provides that restitution shall be consistent with ability to pay and that probation cannot be revoked for nonpayment of restituti...

People v. Peyton  
Date: September 16, 2014
Docket Number: B248767

Justia Opinion Summary: Defendant was convicted of two counts of receiving stolen property and one count of identity theft. Defendant was sentenced to ten years eight months imprisonment. Defendant raised several issues on appeal. The court con...

Judicial Council v. Super. Ct.  
Date: September 16, 2014
Docket Number: B254739

Justia Opinion Summary: Plaintiff alleged, in a council form complaint, causes for negligence and a dangerous condition on public property. The Council sought to compel summary judgment, arguing that they are entitled to summary judgment becaus...

California v. Batchelor  
Date: September 16, 2014
Docket Number: E054475

Justia Opinion Summary: Defendant Larry Jason Batchelor appealed his conviction (from two separate trials) of implied malice murder (count 1) and gross vehicular manslaughter while intoxicated (count 2).As to the first trial, defendant argued:...

Raceway Ford Cases  
Date: September 16, 2014
Docket Number: E054517

Justia Opinion Summary: Plaintiffs, appellants, and cross-respondents were consumers who purchased vehicles from defendant, respondent, and cross-appellant Raceway Ford. Plaintiffs raised numerous causes of action based on laws proscribing cert...

Coal. for Adequate Review v. City & Cnty of San Francisco  
Date: September 15, 2014
Docket Number: A135512

Justia Opinion Summary: San Francisco prevailed in a writ proceeding under the California Environmental Quality Act (Pub. Resources Code, 21000) brought by the Coalition for Adequate Review and Alliance for Comprehensive Planning. After securin...

Castaneda v. Ensign Group, Inc.  
Date: September 15, 2014
Docket Number: B249119A

Justia Opinion Summary: Plaintiff filed a class action suit against Ensign on behalf of himself and other certified nursing assistants, seeking damages for nonpayment of minimum and overtime wages. On appeal, plaintiff challenged the district c...

Davler, Inc. v. Arch Ins. Co.  
Date: September 15, 2014
Docket Number: B252830

Justia Opinion Summary: After Arch denied coverage to its insured, Jon Davler, Inc., based on an employment-related practices exclusion, Jon Davler filed suit seeking coverage. In the underlying action, employees filed suit against their employ...

Time Out, LLC v. Youabian, Inc.  
Date: September 12, 2014
Docket Number: B242820

Justia Opinion Summary: Plaintiff filed suit against defendants for common law and statutory misappropriation of likeness based on defendants' alleged unauthorized display of the models' images in connection with defendants' cosmetic medical se...

Irving v. California Uninsurance Appeals Board  
Date: September 12, 2014
Docket Number: B243417

Justia Opinion Summary: Plaintiff filed a mandate petition challenging the board's decision denying his request for unemployment compensation benefits. The trial court subsequently issued a writ of mandate directing that plaintiff receive the r...

Irving v. California Unemployment Insurance Appeals Board
Date: September 12, 2014
Docket Number: B243417A
Schinkel, Jr. v. Super. Ct.  
Date: September 12, 2014
Docket Number: C073404

Justia Opinion Summary: Defendant-petitioner Larry Steven Schinkel, Jr. had prior strike convictions (specifically, he had six prior burglary convictions), when he engaged in sexual intercourse with a minor. After he was arrested on the charges...

California v. Anderson  
Date: September 12, 2014
Docket Number: C073576A

Justia Opinion Summary: Defendant Melvin Anderson appealed the denial of his petition for recall and resentencing pursuant to the Three Strikes Reform Act of 2012. The Court of Appeal appointed counsel to represent defendant on appeal. Counsel...

Van Zant v. Apple, Inc.  
Date: September 12, 2014
Docket Number: H039354

Justia Opinion Summary: The purported class action against Apple alleged: violations of Business and Professions Code sections 17200, 17500; breach of express warranty; violation of the Song-Beverly Consumer Warranty Act (Civ. Code 1792); negli...

People v. Olsen  
Date: September 12, 2014
Docket Number: H039814

Justia Opinion Summary: Olsen was committed for an indeterminate term to the California Department of Mental Health after a jury determined defendant to be a sexually violent predator within the meaning of the Sexually Violent Predator Act (SVP...

Prof'l Eng'rs in CA Gov't v. Brown  
Date: September 11, 2014
Docket Number: A136338

Justia Opinion Summary: In 2008-2010, then-governor Schwarzenegger issued executive orders requiring the unpaid furloughs of most state employees. In 2010, the Legislature passed the budget for the 2010-2011 fiscal year, authorizing “reductions...

Millview Cnty. Water Dist. v. State Water Res. Control Bd.  
Date: September 11, 2014
Docket Number: A139481

Justia Opinion Summary: In 2001 Millview County Water District began diverting water from the Russian River under the authority of a pre-1914 appropriative water right assigned to Millview by plaintiffs Hill and Gomes. Following a citizen compl...

People v. Venegas  
Date: September 11, 2014
Docket Number: B250678

Justia Opinion Summary: Defendant appealed his convictions for shooting and assault convictions. The court held that the trial court did have the authority to strike or dismiss the section 186.22(b)(4) allegation in count 1, shooting at an inha...

S.A. v. Maiden
Date: September 11, 2014
Docket Number: D064097M
In re J.S.  
Date: September 11, 2014
Docket Number: E060554

Justia Opinion Summary: J.S. was born in January 2012. Mother and Father were developmentally delayed. Later that year, the Riverside County Department of Public Social Services received a referral reflecting Mother and Father were neglecting J...

People v. Johnson  
Date: September 11, 2014
Docket Number: F066627

Justia Opinion Summary: Defendant, a ward of the juvenile court, appealed his conviction for charges related to his participation in a gang. The court reversed the convictions for two counts of active participation in a criminal street gang (co...

People v. Christman  
Date: September 10, 2014
Docket Number: A138287

Justia Opinion Summary: The Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code 6600) provides that, under certain circumstances, a person who has been committed as a sexually violent predator (SVP) may be conditionally released into the c...

Marriage of Kelkar  
Date: September 10, 2014
Docket Number: B247085

Justia Opinion Summary: Family Code section 4325 establishes a rebuttable presumption against an award of spousal support to a spouse who has been convicted of an act of domestic violence against the other spouse. At issue was whether the famil...

California v. Canizales  
Date: September 10, 2014
Docket Number: E054056A

Justia Opinion Summary: A jury convicted defendants, Michael Canizales and KeAndre Windfield of first degree murder, during which a principal discharged a firearm proximately causing death, and two counts of attempted willful, premeditated and...

California v. Alvarez  
Date: September 10, 2014
Docket Number: G048425

Justia Opinion Summary: The Orange County District Attorney appealed the dismissal of robbery charges against defendants Daniel Alvarez, Jr., Juan Jose Renteria, and Michael Abel Cisneros. The defendants brought a motion to dismiss the case bas...

California v. Christensen  
Date: September 10, 2014
Docket Number: G048615

Justia Opinion Summary: Defendant Scott Christensen was convicted of multiple counts of lewd acts upon a child under the age of 14. In his first trial, he was convicted with respect to his acts against one victim, Spencer S., but the jury deadl...

Norasingh v. Lightbourne  
Date: September 9, 2014
Docket Number: A137967

Justia Opinion Summary: Norasingh, a woman in her twenties, suffers from medical and mental health problems, including congenital brain malformation, mental retardation, diabetes, asthma, and epileptic seizures. Norasingh lives with her parents...

Christina L. v. Chauncey B.  
Date: September 9, 2014
Docket Number: A140155

Justia Opinion Summary: The children were born in 2000 and 2002. By 2004, the parents were no longer living together. Mother alleged abuse and obtained temporary restraining orders against Father in 2004, 2005, and 2006. Mother was granted sole...

Rominger v. County of Colusa  
Date: September 9, 2014
Docket Number: C073815

Justia Opinion Summary: Plaintiffs Elaine and Gerald Rominger challenged a mitigated negative declaration approved by defendant Colusa County with respect to a subdivision proposed by real party in interest Adams Group Inc. The trial court deni...

Lynch v. California Coastal Commission  
Date: September 9, 2014
Docket Number: D064120

Justia Opinion Summary: The California Coastal Commission appealed the grant of the writ of mandamus directing it to remove three conditions from a coastal development permit amendment issued to respondents Barbara Lynch and Thomas Frick. The...

Jade Fashion v. Harkham Industries  
Date: September 8, 2014
Docket Number: B248432

Justia Opinion Summary: Jade Fashion filed suit against Harkham, alleging causes of action for breach of contract, goods sold and delivered, open book account, account stated, and breach of guaranty. Jade Fashion claimed that Harkham breached t...

People v. Doolittle  
Date: September 8, 2014
Docket Number: H037391

Justia Opinion Summary: Doolittle was a registered securities broker/dealer, and a registered investment advisor. He or his corporations held licenses, permits, or certificates to engage in real estate and insurance brokerage and tax preparatio...

San Francisco Tomorrow v. City & County of S.F.
Date: September 5, 2014
Docket Number: A137753N
Keisha W. v. Marvin M.  
Date: September 5, 2014
Docket Number: A137861

Justia Opinion Summary: In August 2012, Mother requested a restraining order to protect herself and the Minor, born in 2006, from Father, stating that she and Father previously lived in Texas and were in a relationship that ended in 2010. She d...

J.M. v. G.H.
Date: September 5, 2014
Docket Number: B242123M
People v. Youn  
Date: September 5, 2014
Docket Number: B253401

Justia Opinion Summary: Defendant appealed from the denial of his motion to suppress, contending that a warrantless draw of his blood violated the Fourth Amendment as construed in Missouri v. McNeely and Schmerber v. California. An officer aske...

San Francisco Tomorrow v. City & County of S.F.
Date: September 4, 2014
Docket Number: A137753M
Knutsson v. KTLA
Date: September 4, 2014
Docket Number: B251567M
People v. Atkins  
Date: September 4, 2014
Docket Number: B253416

Justia Opinion Summary: The trial court ruled that defendant was ineligible for resentencing because his current convictions include criminal threats, a serious felony. The sole indeterminate life term defendant is serving is for stalking, a no...

Dameron Hospital Assn. v. AAA etc. Ins. Exchange  
Date: September 4, 2014
Docket Number: C070475A

Justia Opinion Summary: Kaiser Permanente covered three patients who received care at an emergency room operated by Dameron Hospital Association. The patients were injured due to the negligence of third party tortfeasors who had automobile liab...

Kao v. Univ. of San Francisco  
Date: September 3, 2014
Docket Number: A135750

Justia Opinion Summary: Kao earned a Ph.D. in applied mathematics from Princeton, began teaching mathematics at University of San Francisco in 1991, and became a tenured professor in 1997. Kao was concerned about a lack of diversity of the facu...

People v. Macabeo  
Date: September 3, 2014
Docket Number: B248316

Justia Opinion Summary: Defendant pleaded nolo contendere to possession of matter depicting a minor engaging in sexual conduct. On appeal, defendant challenged the trial court's denial of defendant's motion to suppress evidence. The court concl...

Bounds v. Super. Ct.  
Date: September 3, 2014
Docket Number: B254505

Justia Opinion Summary: Petitioners sought a petition for a writ of mandate compelling the trial court to vacate its order sustaining without leave to amend a demurrer to their two causes of action for financial elder abuse under the Elder Abus...

Connerly v. California  
Date: September 3, 2014
Docket Number: C073753

Justia Opinion Summary: This case centered two policy issues that are often viewed as controversial: (1) racial, ethnic, and gender preferences; and (2) the decennial redistricting process. In 2008 and 2010, the People of California, exercising...

Cutler v. Franchise Tax Bd.  
Date: September 2, 2014
Docket Number: B248270

Justia Opinion Summary: Plaintiff sought attorney fees under Code of Civil Procedure section 1021.5, the "private attorney general" attorney fee statute and the trial court denied his application. The court concluded that the trial court correc...

C073329mP. v. Guilford
Date: September 2, 2014
Docket Number: C073329M
Douglas v. Fidelity Nat' Ins.Co.  
Date: August 29, 2014
Docket Number: A137645

Justia Opinion Summary: In December 2010, Cost-U-Less Insurance assisted plaintiffs by telephone, through an InsZone Insurance Services employee, in obtaining a homeowner’s insurance policy with Fidelity. In 2011, a fire damaged plaintiffs’ ho...

Brown v. County of Los Angeles  
Date: August 29, 2014
Docket Number: B249825

Justia Opinion Summary: Plaintiff appealed from an order sustaining the County's demurrer without leave to amend, contending that, under civil contract law, his plea of guilt is invalid because he was a minor when it was entered. The court conc...

Suarez v. City of Corona  
Date: August 29, 2014
Docket Number: D065949

Justia Opinion Summary: Alberto Daniel Saucedo Suarez and his attorneys, Allan Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. appealed a trial court's award of attorney fees and costs to the City of Corona. In 2008, S...

Citizens etc. L Street v. City of Fresno  
Date: August 29, 2014
Docket Number: F066498

Justia Opinion Summary: This case concerned the City's approval of a residential infill development project in downtown Fresno to build 28 two-story townhouses. The trial court decided that the City violated certain procedural requirements of t...

In re the Marriage of Evans  
Date: August 29, 2014
Docket Number: F068323

Justia Opinion Summary: Spouses entered into a written agreement to resolve the property rights to their residence. Husband agreed to buy out the wife's interest for one-half the value of the equity. At issue was whether a property settlement a...

California v. Garcia  
Date: August 28, 2014
Docket Number: G048020

Justia Opinion Summary: Appellant Leticia Garcia was charged with sexually abusing a girl she babysat. At trial, the prosecutor attempted to show she was a lesbian. The prosecutor asserted during closing argument that her supposed attraction to...

Sheet Metal Workers’ Int'l. Ass'n v. Duncan  
Date: August 27, 2014
Docket Number: A131489

Justia Opinion Summary: A contractor entered into a public works contract to modernize a building at a Santa Clara County community college. Will was the subcontractor for the heating, ventilation, and air conditioning (HVAC) work. The subcontr...

Araquistain v. Pac. Gas & Elec. Co.  
Date: August 27, 2014
Docket Number: A138487

Justia Opinion Summary: Plaintiffs are hourly employees of PG&E, an “electrical corporation” and a “gas corporation” under Labor Code section 512, which generally requires an employer to provide an employee who works more than five hours “a mea...

Parrish v. Latham & Watkins  
Date: August 27, 2014
Docket Number: B244841

Justia Opinion Summary: FLIR filed suit against their former employees for, among other things, misappropriation of trade secrets (the underlying action). The former employees prevailed in the underlying action and they obtained a ruling that t...

People v. Lofchie  
Date: August 27, 2014
Docket Number: B248383

Justia Opinion Summary: Defendant, a member of the University of California faculty, was prosecuted under Government Code section 1090 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad c...

Cruise v. Kroger Co.  
Date: August 27, 2014
Docket Number: B248430

Justia Opinion Summary: Kroger appealed the trial court's order denying its motion to compel arbitration of plaintiff's employment discrimination action. The trial court concluded that Kroger failed to meet its burden to prove the existence of...

People v. Gray  
Date: August 27, 2014
Docket Number: F065957

Justia Opinion Summary: Defendant challenged his commitment as a sexually violent predator (SVP). The court held that the version of the Sexually Violent Predators Act (SVPA), Welf. & Inst. Code, 6600 et seq., under which defendant was committe...

California v. Kent  
Date: August 27, 2014
Docket Number: G049669

Justia Opinion Summary: A jury convicted David Kent of possessing child pornography and distributing child pornography. It also convicted him of possessing methamphetamine for sale and possessing cocaine. The court imposed a sentence of three y...

Bloxham v. Saldinger
Date: August 27, 2014
Docket Number: H038040M
In re J.P. CA/41  
Date: August 26, 2014
Docket Number: D065390

Justia Opinion Summary: J.P. appealed an order denying her request for a hearing to suspend visitation with her father and/or terminate his reunification services under Welfare and Institutions Code section 388, subdivisions (a) and (c). Specif...

California v. Lujano  
Date: August 26, 2014
Docket Number: E057671

Justia Opinion Summary: Police officers contacted and detained not only an individual in the driveway in front of a house, whom they observed stripping copper wire from an air conditioner, but also the occupant of the house, suspecting that "ma...

California v. J.S.  
Date: August 26, 2014
Docket Number: E058471

Justia Opinion Summary: While imprisoned after being convicted of several offenses, defendant J.S. was declared a Mentally Disordered Offender (MDO) pursuant to Penal Code1 section 2962. In Spring 2012, J.S. was placed on parole and began her i...

James v. St. of CA  
Date: August 26, 2014
Docket Number: F065003A

Justia Opinion Summary: Petitioner pled no contest to battery, a misdemeanor violation of Penal Code section 242, and subsequently filed a petition under Code of Civil Procedure section 1085. 18 U.S.C. 922(g)(9) prohibits the possession of fire...

Yau v. Santa Margarita Ford  
Date: August 26, 2014
Docket Number: G048013

Justia Opinion Summary: Eddie Yau filed a complaint against his former employer, Santa Margarita Ford, alleging he was wrongfully terminated in violation of public policy. Yau alleged he was terminated after complaining to Santa Margarita Ford'...

Pedro v. City of Los Angeles  
Date: August 25, 2014
Docket Number: B249005

Justia Opinion Summary: Police Chief Beck charged Officer Pedro with misconduct: use of a city police vehicle for personal business on two occasions, making a discourteous statement to a member of the public, and making a misleading statement t...

Dameron Hosp. Assn. v. AAA Nor. Cal., Nev. & Utah Ins. Exc.
Date: August 25, 2014
Docket Number: C070475M
United Health Ctrs. of San Joaquin v. Superior Ct.  
Date: August 25, 2014
Docket Number: F067763

Justia Opinion Summary: UHC hired Haworth as a part-time physician in 2005. After UHC terminated her employment in 2010, she sued for retaliation and wrongful termination. UHC successfully moved to compel arbitration under a provision in Hawort...

California v. Baniani  
Date: August 22, 2014
Docket Number: G048535

Justia Opinion Summary: Defendant, a founding member of a medical marijuana cooperative, was charged with a sale of marijuana and possession of marijuana for sale. The first jury was unable to reach a verdict, splitting six to six on the sales...

Kaufman v. Diskeeper Corp.  
Date: August 21, 2014
Docket Number: B248151

Justia Opinion Summary: Diskeeper appealed the trial court's denial of a contract-based award of attorney fees following the confirmation of an arbitration award. The trial court denied the award because Diskeeper filed no memorandum of costs i...

Rando v. Harris
Date: August 21, 2014
Docket Number: B254060M
Shaw v. Super. Ct.  
Date: August 21, 2014
Docket Number: B254958

Justia Opinion Summary: Petitioner filed suit against her former employers, alleging violation of Health and Safety Code section 1278.5 and a violation of public policy. Petitioner subsequently filed a petition for writ of mandate challenging t...

S.A. v. Maiden  
Date: August 21, 2014
Docket Number: D064097

Justia Opinion Summary: Plaintiff S.A. appealed a judgment entered in favor of defendants Jan Maiden and Does 1 through 50 (together Maiden), after the trial court granted her Code of Civil Procedure section 425.16 anti-SLAPP motion to strike h...

Hager v. County of Los Angeles  
Date: August 19, 2014
Docket Numbers: B238277, B239897

Justia Opinion Summary: Plaintiff filed a whistleblower retaliation lawsuit under Labor Code section 1102.5(b) against the County. The County subsequently appealed from a judgment entered after a substantial jury verdict in plaintiff's favor an...

California v. Hubbard  
Date: August 19, 2014
Docket Number: C073340

Justia Opinion Summary: In the November 2012 General Election, voters prospectively amended recidivist sentencing provisions for a defendant with two or more previous felony convictions. If a commitment conviction was not for a “serious” or vio...

City of Pasadena v. Cohen  
Date: August 19, 2014
Docket Number: C073654

Justia Opinion Summary: In the summer of 2011 the Legislature enacted legislation primarily within the Health and Safety Code, that barred any new redevelopment agency obligations, and established procedures for the windup and dissolution of th...

McLean v. California  
Date: August 19, 2014
Docket Number: C074515

Justia Opinion Summary: Plaintiff Janis McLean, a retired deputy attorney general, appealed a judgment of dismissal after the trial court sustained the demurrer of defendants the State of California and the California State Controller’s Office...

In re J.C.  
Date: August 19, 2014
Docket Number: C075043

Justia Opinion Summary: Sacramento Police received a call from Kennedy High School that there was "an uncontrollable, irate student in the hallways." While in the principal's office, the minor called his mother; he became more and more irate as...

In re Jayden M.  
Date: August 19, 2014
Docket Number: C075336

Justia Opinion Summary: After his father left Jayden with his paternal grandmother with an eye infection and no provision for support, the Department of Health and Human Services petitioned the juvenile court alleging that Jayden comes within t...

California v. Windfield  
Date: August 19, 2014
Docket Number: E055062

Justia Opinion Summary: A jury convicted Harquan Johnson and KeAndre Windfield of first degree murder, intentionally discharging a firearm causing death, and personally discharging a firearm causing death. Furthermore, the jury convicted defend...

California v. Sanchez  
Date: August 19, 2014
Docket Number: E057059

Justia Opinion Summary: A jury convicted Defendant-appellant Jose Sanchez of grand theft of copper wire. He was sentenced to three years in county jail. On appeal, defendant argued that four statements made by the prosecutor during closing argu...

California v. Adair  
Date: August 19, 2014
Docket Number: E057821

Justia Opinion Summary: The trial court denied Appellant-defendant Ronald James Adair's petition for certificate of rehabilitation and pardon and motion for reconsideration of the denial of his petition for certificate of rehabilitation and par...

In re J.S.  
Date: August 19, 2014
Docket Number: E058963

Justia Opinion Summary: A.S. (mother) and P.B. (father) appealed orders asserting dependency jurisdiction over their children, N.S. and J.S., and removing the children from their custody. In a partially published opinion, the Court of Appeal he...

Fonteno v. Wells Fargo Bank, N.A.  
Date: August 18, 2014
Docket Number: A135577

Justia Opinion Summary: In 2011, Wells Fargo foreclosed on the plaintiffs’ residential mortgage loan and purchased their home at a trustee sale conducted by First American. Plaintiffs sued, alleging, that defendants violated their deed of trust...

People v. McGraw-Hill Co., Inc.  
Date: August 18, 2014
Docket Number: A140922

Justia Opinion Summary: The defendants were charged with violations of the California False Claims Act (CFCA) arising out of their alleged business practice of inflating the credit ratings of various structured finance securities. Defendants mo...

In re Christopher M.  
Date: August 15, 2014
Docket Number: B251097

Justia Opinion Summary: Father appealed from the order adjudicating his son a dependent child under Welfare and Institutions Code 300(b) and (g) and the ensuing disposition order. The court concluded that there was no evidence that, at the time...

In re Alexandria P.  
Date: August 15, 2014
Docket Number: B252999

Justia Opinion Summary: A 17-month-old Indian child was removed from the custody of her mother, who has a lengthy substance abuse problem and has lost custody of at least six other children, and her father, who has an extensive criminal history...

San Francisco Tomorrow v. City & County of San Francisco  
Date: August 14, 2014
Docket Number: A137753

Justia Opinion Summary: The City and County of San Francisco approved the Parkmerced Development Project, which involves the long-term redevelopment of the privately owned, 3,221-unit residential rental complex on152 acres near Lake Merced, whi...

In re M.G.  
Date: August 14, 2014
Docket Number: A139471

Justia Opinion Summary: M.G. was charged in a petition under Welfare and Institutions Code section 602 with felony carrying of a concealed firearm on his person. After the juvenile court’s denial of his motion to suppress evidence, M.G. entered...

Hendershot v. Ready to Roll Transportation, Inc.  
Date: August 14, 2014
Docket Number: B247730

Justia Opinion Summary: Plaintiffs filed a putative class action against defendant for failure to pay overtime wages, among other causes of action. The complaint alleged that the putative class members were non-exempt employees who chauffeured...

People v. Deluca  
Date: August 14, 2014
Docket Number: B251154

Justia Opinion Summary: Defendant appealed his conviction for violating Penal Code section 290.011(b), failure to register as a transient sex offender. The court concluded that the homeless shelter defendant frequented, a National Guard Armory...

City of Pasadena v. Super. Ct.  
Date: August 14, 2014
Docket Number: B254800

Justia Opinion Summary: The City sought a writ of mandate challenging the trial court's order denying summary adjudication with respect to Mercury's inverse condemnation and nuisance claims based on damages to Mercury's insured's house caused b...

San Diego Gas & Electric Company v. Schmidt  
Date: August 14, 2014
Docket Number: D062671

Justia Opinion Summary: Plaintiff San Diego Gas & Electric Company (SDG&E) initiated eminent domain proceedings to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo...

Carlton v. Dr. Pepper Snapple Group, Inc.  
Date: August 14, 2014
Docket Number: E056566

Justia Opinion Summary: Plaintiff-appellant Scott Carlton sued defendants and respondents Dr. Pepper Snapple Group, Inc., Mott’s LP, Larry Young, Caesar Vargas, and Graham Bailey alleging: (1) wrongful termination against Dr. Pepper and Mott’s;...

Hoffman v. 162 North Wolfe, LLC  
Date: August 13, 2014
Docket Number: H038643

Justia Opinion Summary: The Hoffmans purchased the 170 Wolfe property. After close of escrow, the owner of adjoining property, 162 LLC, claimed a landscape easement and prescriptive easement rights of ingress and egress over 170 Wolfe and sued...

People v. Ebertowski  
Date: August 13, 2014
Docket Number: H039865

Justia Opinion Summary: Ebertowski was granted probation after he pleaded no contest to criminal threats (Pen. Code, 422) and resisting or deterring an officer (section 69) and admitted a gang allegation (section 186.22, subd. (b)(1)(B)). He ch...

Chubb & Son v. Super. Ct.  
Date: August 12, 2014
Docket Number: A140860

Justia Opinion Summary: Chubb petitioned for a writ of mandate, contending that the trial court's order to produce documents improperly impinged on the attorney-client privilege and the attorney duty to maintain client confidences. The court he...

Vance v. Bizek  
Date: August 12, 2014
Docket Number: B243061

Justia Opinion Summary: Don Bizek obtained a judgment against Sally Gordon, a trustee and beneficiary of the WPB Trust, and sought to execute his judgment against Gordon's beneficial interest in the WPB Trust. If the disclaimer is valid, it cau...

Cochran v. Schwan's Home Service  
Date: August 12, 2014
Docket Number: B247160

Justia Opinion Summary: Plaintiff filed a putative class action suit against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. The court he...

Knutsson v. KTLA  
Date: August 12, 2014
Docket Number: B251567

Justia Opinion Summary: Plaintiff and his company entered into a personal service agreement to act as technology reporter with KTLA, a television broadcaster. After the personal service agreement was terminated, plaintiff and his company filed...

In re A.R.  
Date: August 12, 2014
Docket Number: B251957

Justia Opinion Summary: Mother appealed from a juvenile court order declaring her two daughters dependents of the court based on mother's failure to provide for the children. The court concluded that, because jurisdiction was proper based on Fa...

In re Greenshields
Date: August 12, 2014
Docket Number: B252222M
People v. Super. Ct. (Johnson)  
Date: August 11, 2014
Docket Number: A140767

Justia Opinion Summary: The two petitions for writ of mandate/prohibition involved in the present proceeding arose from a felony domestic violence case. At issue was whether, in fulfilling its federal constitutional duty to disclose exculpatory...

Mendoza v. JPMorgan Chase Bank, N.A.  
Date: August 11, 2014
Docket Number: C071882

Justia Opinion Summary: This case stemmed from issues arising from plaintiff Maria Mendoza’s purchase of a home with proceeds of a loan secured by a deed of trust, and the subsequent loss of the home in a nonjudicial foreclosure sale. The trial...

California v. Quinones  
Date: August 11, 2014
Docket Number: C074081

Justia Opinion Summary: A jury convicted defendant Humberto Quinones of two counts of possession for sale of heroin, one count of transportation of a controlled substance, and possession by a convicted felon of a firearm, and found he was perso...

Mojtahedi v. Vargas  
Date: August 8, 2014
Docket Number: B248551A

Justia Opinion Summary: Plaintiff, an attorney, appealed the trial court's judgment sustaining the demurrer to his second amended complaint without leave to amend. Plaintiff filed suit against defendant, another attorney, on the theory that he...

People v. Soto  
Date: August 8, 2014
Docket Number: B249197

Justia Opinion Summary: Defendant filed a petition to recall his sentence under the provisions of Penal Code section 1170.126, which was enacted by Proposition 36 in 2012. The trial court denied the petition on the ground that defendant was ine...

In re Isaiah W.  
Date: August 8, 2014
Docket Number: B250231A

Justia Opinion Summary: Mother appealed from an order terminating her parental rights to her son, contending that the juvenile court erred in finding that the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901-1963, did not apply. Mother had the r...

In re Williams  
Date: August 8, 2014
Docket Number: B252654

Justia Opinion Summary: Petitioner, convicted of sex crimes and declared mentally incompetent to stand trial based on his developmental disability, petitioned for a writ of habeas corpus, claiming that his continued placement in the county jail...

Lee v. Hanley
Date: August 8, 2014
Docket Number: G048501M
Alvarez v. BAC Home Loans Servicing, L.P.  
Date: August 7, 2014
Docket Number: A138443

Justia Opinion Summary: Plaintiffs filed suit alleging, among other things, fraud and unfair business practices in the origination of plaintiffs' residential mortgage loans, and negligence in the subsequent servicing of the loans. On appeal, pl...

In re J.T.  
Date: August 7, 2014
Docket Number: B251780

Justia Opinion Summary: Mother challenged a juvenile court order terminating jurisdiction over her son and ordering regular visitation for the son's paternal grandmother, contending that the visitation order impermissibly infringed on her funda...

J.M. v. G.H.  
Date: August 6, 2014
Docket Number: B242123

Justia Opinion Summary: Father appealed from a judgment on reserved issues granting joint physical custody of his son to him and his mother, and allowing her to take the son with her to live in Israel during the school year. The court concluded...

Rando v. Harris  
Date: August 6, 2014
Docket Number: B254060

Justia Opinion Summary: Real party in interest Frank Quintero was appointed to fill a vacant position on the city council for real party in interest the City of Glendale. Petitioners submitted an application for leave to sue in quo warranto to...

LeFiell Mfg. v. Super. Ct.  
Date: August 6, 2014
Docket Number: B254261

Justia Opinion Summary: LeFiell filed a petition for writ of mandate challenging an order denying its summary judgment motion on a Labor Code section 4558 claim. Section 4558 provides an exception to the exclusivity of the workers' compensation...

Rebolledo v. Tilly's, Inc.  
Date: August 6, 2014
Docket Number: G048625

Justia Opinion Summary: Defendant-Employer Tilly’s Inc. (and World of Jeans & Tops, Inc.) hired plaintiff-respondent Maria Rebolledo to work in its warehouse from July 6, 2000, to December 28, 2001. She was rehired on January 28, 2002, and term...

P. v. Hernandez
Date: August 6, 2014
Docket Number: G049024M
Young v. Daimler AG
Date: August 5, 2014
Docket Number: A135999
Young v. Daimler AG  
Date: August 5, 2014
Docket Number: A135999A

Justia Opinion Summary: In 2008, plaintiffs were driving a 2004 Jeep Cherokee in San Joaquin County, when the vehicle rolled over and the roof collapsed. Young sustained injuries, rendering her a permanent quadriplegic. Young’s daughter alleged...

In re E.M.  
Date: August 5, 2014
Docket Number: D064955

Justia Opinion Summary: James J. and Sarah J. appealed the denial of their petition to declare Sarah's three children free from the custody and control of the children's father, Christopher M. James and Sarah also contended that the court did n...

Gou v. Xiao  
Date: August 4, 2014
Docket Number: A137771

Justia Opinion Summary: In 2007, husband and the parties’ then 8-year-old son came to the U.S. Wife joined the family in 2011 when her immigrant visa was approved. In 2012, wife filed a judicial council form, ex parte, requesting a Domestic Vi...

People v. Hojnowski  
Date: August 4, 2014
Docket Number: A139455

Justia Opinion Summary: Defendant was a prisoner at Pelican Bay State Prison. Officers escorted him to the showers and placed him in a stall with a steel mesh security screen. After defendant finished showering, officers handcuffed him while he...

Conservatorship of the Person and Estate of Parker  
Date: August 4, 2014
Docket Number: B245202

Justia Opinion Summary: Creditor sought to collect an exemplary damages award from a tortfeasor who was placed under a conservatorship after he was sued for his wrongdoing. The court held that a conservator's debts incurred before creation of t...

In re A.E.  
Date: August 4, 2014
Docket Number: B252573

Justia Opinion Summary: Father appealed the juvenile court's order removing his three-year-old daughter from his custody for a single occasion of disciplining her by spanking her with a belt on her legs and buttocks. The court concluded that, g...

In re Rebecca C.  
Date: August 1, 2014
Docket Number: B253065

Justia Opinion Summary: Mother appealed the juvenile dependency court's jurisdictional orders based on its findings that Mother has a history of substance abuse which renders her incapable of providing her teenage daughter with regular care and...

City of San Diego v. Shapiro  
Date: August 1, 2014
Docket Number: D063997

Justia Opinion Summary: In this appeal, the issue before the Court of Appeal centered on whether an election held by the City of San Diego to authorize the levying of a special tax complied with articles XIII A, XIII C and XIII D of the Califor...

Bloxham v. Saldinger  
Date: August 1, 2014
Docket Number: H038040

Justia Opinion Summary: The Bloxhams and the Saldingers disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho, a line roughly seven mi...

Orthopedic Specialists v. CalPERS  
Date: July 31, 2014
Docket Number: B248535

Justia Opinion Summary: OSSC provided nonemergency services to a participant of a health plan covered by CalPERS and CalPERS paid OSSC a small portion of the amount charged for services. OSSC claims that it is entitled to receive its higher cus...

California v. Guilford  
Date: July 31, 2014
Docket Number: C073329

Justia Opinion Summary: Defendant Michael Guilford appealed an order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012. The Act sets forth a mechanism for relief for some existing three strikes inmates, crea...

Cal. High-Speed Rail v. Super. Ct.  
Date: July 31, 2014
Docket Number: C075668

Justia Opinion Summary: The Court of Appeal issued a peremptory writ of mandate directing the trial court in this case to enter judgment validating the authorization of a bond issuance for the purposes of the 2008 voter-approved Safe, Reliable,...

McIntyre v. The Colonies-Pacific  
Date: July 31, 2014
Docket Number: D065469

Justia Opinion Summary: Carl McIntyre, Destiny McIntyre (through her guardian ad litem), Theresa McIntyre, and My Jeweler, Inc. appealed a judgment entered on a jury verdict in favor of The Colonies-Pacific, LLC. Colonies owns the Colonies Cros...

Bristol-Myers Squibb Co. v. Superior Court  
Date: July 30, 2014
Docket Number: A140035

Justia Opinion Summary: Bristol-Myers Squibb (BMS) was sued in a coordinated proceeding before the San Francisco Superior Court for alleged defects in Plavix, a drug BMS manufactures and sells throughout the country. BMS moved below to quash se...

DeYoung v. Com. on Professional Competence  
Date: July 30, 2014
Docket Number: B248502

Justia Opinion Summary: Plaintiff, a tenured teacher, was dismissed based on charges that he had physically and abusively disciplined his students. Plaintiff contended that the Board's failure to consider or formulate written charges before ini...

Collin v. CalPortland Co.  
Date: July 30, 2014
Docket Numbers: C063875, C065180

Justia Opinion Summary: After Loren Collin was diagnosed with mesothelioma, he and his wife Verna Lee Collin sued 22 entities for negligence, strict liability, false representation, intentional tort/failure to warn, alter ego, and loss of conso...

California v. London  
Date: July 30, 2014
Docket Number: E057249

Justia Opinion Summary: A jury found defendant-appellant Christopher London guilty as charged of cultivating marijuana and possessing marijuana for sale. He was sentenced to three years’ probation, subject to terms and conditions including that...

In re Marriage of Daly and Oyster  
Date: July 29, 2014
Docket Number: B249255

Justia Opinion Summary: In this marital dissolution action, David Oyster appealed from a limited judgment on a reserved issue. The court rejected Oyster's contention that the 2006 stipulated judgment could not be admitted into evidence in the 2...

Dameron Hosp. Assn. v. AAA Nor. Cal., Nev. & Utah Ins. Exc.  
Date: July 29, 2014
Docket Number: C070475

Justia Opinion Summary: The health care service plan in this case, Kaiser Permanente, covered three patients who received care at an emergency room operated by Dameron Hospital Association. The patients were injured due to the negligence of thi...

California v. Leonard  
Date: July 29, 2014
Docket Number: D062660

Justia Opinion Summary: A jury convicted Louis Van Leonard and Charles Dwayne Walser of two counts each of pimping, two counts each of pandering, and one count each of assault by means of force likely to produce great bodily injury. The jury al...

California v. Hernandez  
Date: July 29, 2014
Docket Number: G049024

Justia Opinion Summary: A jury convicted defendant Steven Hernandez of having committed vandalism causing less than $400 in damages. Because the jury also found the vandalism was committed for the benefit of a criminal street gang, the crime wa...

St. Croix v. Superior Ct.  
Date: July 28, 2014
Docket Number: A140308

Justia Opinion Summary: Grossman submitted a request under the California Public Records Act (CPRA) (Gov. Code, 6250) and the San Francisco Sunshine Ordinance for documents relating to San Francisco Ethics Commission regulations governing compl...

Templeton Action Com. v. County of San Luis Obispo  
Date: July 28, 2014
Docket Number: B251788

Justia Opinion Summary: Plaintiff seeks to set aside the county's decision to allow a development. The court concluded, among other things, that the developer, an indispensable party, may assert the statute of limitations even though it did not...

California v. Castillo  
Date: July 28, 2014
Docket Number: D063266

Justia Opinion Summary: A jury convicted defendant Christian Castillo of possessing methamphetamine for sale and being a felon in possession of a firearm. He appealed his sentence, arguing that the trial court erred when it denied a pretrial re...

People v. Redd  
Date: July 28, 2014
Docket Number: F065225

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to commit the crime of communicating with a prisoner without permission (count 1) and conspiracy to pervert or obstruct justice (count 2). The court reversed the convictio...

In re J.G.  
Date: July 25, 2014
Docket Number: A139869

Justia Opinion Summary: Officer Woelkers saw 15-year-old J.G. walking across a parking lot toward his brother, D.G. Woelkers parked his patrol vehicle, without turning on lights or siren, and “casually” approached the brothers. He was wearing...

State of CA v. Super. Ct.
Date: July 25, 2014
Docket Number: B252073M
P. v. Elder
Date: July 25, 2014
Docket Number: C073731M
Lowe v. Super. Ct.  
Date: July 25, 2014
Docket Number: C073942

Justia Opinion Summary: Petitioner-defendant Floyd Lowe was convicted of being a felon in possession of a firearm and sentenced under the "Three Strikes" law more than 15 years ago. He petitioned for resentencing under the Three Strikes Reform...

Citizens Opposing A Dangerous Environ. v. Co. of Kern  
Date: July 25, 2014
Docket Number: F067567

Justia Opinion Summary: CODE appealed the superior court's denial of a petition for writ of mandamus to set aside an environmental impact report (EIR) certification and project approval on the grounds that Mitigation Measure 4.8-8 was ineffecti...

Demetriades v. Yelp, Inc.  
Date: July 24, 2014
Docket Number: B247151

Justia Opinion Summary: Plaintiff filed suit seeking an injunction to prevent Yelp, a popular website, from making claims about the accuracy and efficacy of its "filter" of unreliable or biased customer reviews. The trial court granted Yelp's s...

Town of Atherton v. Cal. High-Speed Rail Auth.  
Date: July 24, 2014
Docket Number: C070877

Justia Opinion Summary: In 1996 when the Legislature established defendant California High-Speed Rail Authority, it declared the need for an intercity rail system operating at high speeds to complement the existing infrastructure of highways an...

People v. Rader  
Date: July 23, 2014
Docket Number: B247088

Justia Opinion Summary: Defendant was convicted of charges related to his use of counterfeit $20 bills to pay for his $100 dinner at Outback Steakhouse. After admitting he had a prior violent and serious conviction, as well as prior nonviolent...

Settle v. State of California  
Date: July 23, 2014
Docket Number: B249236

Justia Opinion Summary: The trial court ordered plaintiff and her attorney to pay attorney's fees and costs under Code of Civil Procedure 1038. The attorney appealed. The court held that section 128.7 provides for attorney fees sanctions agains...

Los Angeles Unified Sch. Dist. v. Super. Ct.  
Date: July 23, 2014
Docket Number: B251693

Justia Opinion Summary: The District and UTLA petitioned the court, challenging the trial court's ruling that the District was required to produce unredacted Academic Growth Over Time (AGT) scores, as well as the location codes which identify t...

In re J.F.  
Date: July 23, 2014
Docket Number: B252864

Justia Opinion Summary: Mother appealed from an order entered at the last contested section 364 of the Welfare and Institutions Code hearing at which the juvenile court maintained jurisdiction over her 17-month-old son despite the recommendatio...

Guardianship of A.L.  
Date: July 23, 2014
Docket Number: C074384

Justia Opinion Summary: Seven years after appellant Marjorie L. was appointed guardian of her two granddaughters, A.L. and E.L., the trial court granted a petition to terminate the guardianship filed by the minors’ parents, respondents Jennifer...

Golden State v. Eastern Municipal Water Dist.  
Date: July 23, 2014
Docket Number: E054618

Justia Opinion Summary: The Eastern Municipal Water District (EMWD) hired general contractor S.J. and Burkhardt, Inc. (SJB) for a public works construction project in 2006. Safeco Insurance Company (Safeco) executed performance and payment bond...

California v. Sweeney  
Date: July 23, 2014
Docket Number: E056132

Justia Opinion Summary: A jury convicted defendants James Sweeney II and Patrick Ryan of 65 counts of white-collar crime (all relating to the sale of securities) and found true three special allegations. The court sentenced Sweeney to 33 years...

California v. Shapiro  
Date: July 23, 2014
Docket Number: G048132

Justia Opinion Summary: Defendant was convicted of violating Penal Code section 288.3, subdivision (a), which prohibits contacting a minor for the purpose of committing various crimes, including, as alleged here, sexual penetration with a perso...

California v. Catalan  
Date: July 23, 2014
Docket Number: G048746

Justia Opinion Summary: Marvin Estuardo Catalan pleaded guilty to four felonies, including grand theft, identity theft, and two counts of forgery. The court imposed a four-year hybrid or split sentence comprised of a one-year, four-month jail t...

Rufini v. CitiMortgage  
Date: July 22, 2014
Docket Number: A138480M

Justia Opinion Summary: In 2007 Rufini purchased his Sonoma residence with a $600,000 loan. Rufini and his fiancée lived in the home until they separated. In June 2009, CitiMortgage approved Rufini for a loan modification and told him he would...

Ochoa v. Dorado  
Date: July 22, 2014
Docket Number: B240595

Justia Opinion Summary: After the jury awarded damages to plaintiffs for their injuries resulting from a tractor-trailer accident, both parties appealed the trial court's orders. The court concluded that defendants' motion for a new trial and m...

Sandquist v. Lebo Automotive  
Date: July 22, 2014
Docket Number: B244412

Justia Opinion Summary: Plaintiff filed a class action suit against Lebo, alleging violations of California's Fair Employment and Housing Act (FEHA), Gov. Code 12940 et seq., and Unfair Competition Law, Bus. & Prof. Code, 17200 et seq. On appea...

Gotterba v. Travolta  
Date: July 22, 2014
Docket Number: B247518

Justia Opinion Summary: Plaintiff filed suit against John Travolta, Atlo, and others (collectively, "Atlo"), seeking a declaration as to whether a three-page agreement or a four-page agreement was the enforceable termination agreement between t...

Maslo v. Ameriprise Auto & Home Ins.
Date: July 22, 2014
Docket Number: B249271M
Moua v. Pittullo, Howington, Barker, Abernathy, LLP  
Date: July 22, 2014
Docket Number: B251787

Justia Opinion Summary: Plaintiff appealed the trial court's grant of summary judgment in favor of defendants, a law firm and an attorney, on her legal malpractice claim. The court concluded that there was no triable issue of material fact as t...

Luckey v. Super. Ct.  
Date: July 22, 2014
Docket Number: B253892

Justia Opinion Summary: Lucky filed a petition for writ of mandate challenging the Superior Court's decision to decline to appoint a temporary judge for the purpose of ruling on motions for preliminary and final approval of a settlement. The co...

California v. Chavez  
Date: July 22, 2014
Docket Number: D061946

Justia Opinion Summary: A jury convicted defendants-appellants Leopoldo Chavez and Edward Elias of two counts of first degree murder, and found true special circumstances of robbery-murder and multiple murders. The jury further found that Chave...

Children & Families Commission v. Brown  
Date: July 22, 2014
Docket Number: F066233

Justia Opinion Summary: The Commissions challenged a post judgment order denying their motion for attorney fees under the private attorney general doctrine, Cal. Civ. Proc., 102.5. The court affirmed the order denying attorney fees because sect...

Wm. Jefferson & Co. v. Assessment Appeals Bd.  
Date: July 22, 2014
Docket Number: G049344

Justia Opinion Summary: Nearly 15 years after the Orange County Assessor established the base year value used to assess real property taxes against plaintiff William Jefferson & Co., Inc.'s property, the company appealed to defendant Assessment...

Dept. of Fair Employment and Housing v. Ottovich
Date: July 21, 2014
Docket Number: A136607M
Hardin v. PDX, Inc.  
Date: July 21, 2014
Docket Number: A137035M

Justia Opinion Summary: Hardin suffered complete blindness and permanent, severe and painful scarring after she took Lamotrigine, the generic form of the medication Lamictal. Hardin sued the prescribing physician, the manufacturer, the store wh...

Hardin v. PDX, Inc.
Date: July 21, 2014
Docket Number: A137035N
Galen v. Redfin Corp.  
Date: July 21, 2014
Docket Number: A138642

Justia Opinion Summary: Defendant provides residential real estate brokerage services in Seattle, Washington. Plaintiff lives in California. In 2009 the parties executed a form contract drafted by defendant. Defendant engaged plaintiff as a Con...

Ganoe v. Metalclad Insulation Corp.  
Date: July 21, 2014
Docket Number: B248941

Justia Opinion Summary: Mark Ganoe filed suit against multiple corporations, including Metalclad, after he was diagnosed with mesothelioma, alleging that the disease was caused by his exposure to asbestos from when he worked at the Goodyear pla...

California v. Brown  
Date: July 21, 2014
Docket Number: C066262M

Justia Opinion Summary: Defendant Kenneth Wesley Brown was convicted of possession of a "short-barreled shotgun." Defendant had been found in possession of the weapon in his home. California's statutory definition of "short-barreled shotgun" in...

Sutter Health v. Super. Ct.  
Date: July 21, 2014
Docket Number: C072591

Justia Opinion Summary: In this case, a thief stole a health care provider’s computer containing medical records of about four million patients. The plaintiffs filed an action under the Confidentiality Act, seeking to represent as a class, all...

California v. Chenault  
Date: July 21, 2014
Docket Number: D064276

Justia Opinion Summary: Defendant-appellant Darrell Chenault appealed his convictions on 13 counts of lewd acts on a child under 14 years of age, and two counts of forcible lewd acts on a child under 14 years of age. On appeal, he argued: (1) t...

Rhea v. General Atomics  
Date: July 21, 2014
Docket Number: D064517

Justia Opinion Summary: Plaintiff-appellant Lori Rhea was employed at General Atomics in a salaried position that qualified her as an exempt employee for the purposes of overtime pay under the federal and California wage and hour laws. The issu...

Benavides v. Workers' Compensation Appeals Board et al.  
Date: July 18, 2014
Docket Number: B251487A

Justia Opinion Summary: Petitioner and his employer's workers' compensation insurance carrier agreed to a stipulated award after petitioner was injured during the course and scope of his employment as a roofer. After a timely petition to reopen...

Co. of Colusa v. Douglas
Date: July 18, 2014
Docket Number: C073624N
Olive Lake Industrial Park v. Co. of San Diego  
Date: July 18, 2014
Docket Number: D063337

Justia Opinion Summary: Olive Lane Industrial Park owned real property that was taken by eminent domain. Within four years after the eminent domain order, Olive Lane acquired another parcel of property. About five years after the eminent domain...

Velasquez v. Super. Ct.  
Date: July 17, 2014
Docket Number: B253327

Justia Opinion Summary: Petitioner was charged with reckless driving a vehicle under Vehicle Code section 23103 because he collided with a pedestrian while intoxicated and riding his bike and seriously injured her. The People filed a felony com...

California v. Saetern  
Date: July 17, 2014
Docket Number: C066929

Justia Opinion Summary: The United States and California Supreme Courts explored the constitutional limits of government’s power to punish minors tried as adults. Responding to these decisions, the California Legislature enacted Senate Bill No....

Peake v. Underwood  
Date: July 17, 2014
Docket Number: D061267M

Justia Opinion Summary: Plaintiff-appellant Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods' real estate agent, Paul Ferrell. Peake sought...

People. v. Dowdell  
Date: July 17, 2014
Docket Number: H037404

Justia Opinion Summary: Lincoln and Dowdell were tried before dual juries for offenses arising out of a robbery/carjacking/kidnapping incident in Sunnyvale. The jury trying Lincoln found him guilty as charged: Count One—kidnapping for ransom o...

Conservatorship of G.H.  
Date: July 17, 2014
Docket Number: H038826

Justia Opinion Summary: In 1998, the superior court established a conservatorship over G.H.’s person pursuant to the Lanterman-Petris-Short Act (Welf. & Inst. Code, 5000. G.H. has been under continuous conservatorship since that time. In 2012,...

Rodriguez v. City of Santa Cruz  
Date: July 17, 2014
Docket Number: H038973

Justia Opinion Summary: Rodriguez, a former Santa Cruz police officer, had served in the Marine Corps during the first Gulf War as a demolition specialist, involved in multiple fire fights and required to collect the bodies of slain comrades. A...

People v. Povio  
Date: July 17, 2014
Docket Number: H039309

Justia Opinion Summary: Povio pleaded no contest to unlawful possession of a controlled substance, Vicodin (Health & Saf. Code 1350(a)); false representation and identification to a peace officer (Pen. Code 148.9); and possession of 28.5 grams...

People v. Fiore  
Date: July 16, 2014
Docket Number: A136116

Justia Opinion Summary: Fiore was convicted him of second degree murder with an accompanying enhancement of personal and intentional discharge of a firearm resulting in great bodily injury or death; two counts of attempted murder, with one acco...

In re Anthony S.  
Date: July 16, 2014
Docket Number: A140118

Justia Opinion Summary: Anthony S., then 15 years old, admitted an assault with a firearm, in which he and a co-defendant seriously wounded Houston, resulting in a hospital bill of more than $400,000. The hospital has not attempted to collect f...

Brand v. Hyundai  
Date: July 16, 2014
Docket Number: G048880M

Justia Opinion Summary: Plaintiff-appellant Ilan Brand appealed a judgment entered in favor of defendants Hyundai Motor America and Allen Used Cars, LLC (Hyundai) after granting Hyundai's nonsuit motion on plaintiff's breach of implied warranty...

California v. Bradford  
Date: July 15, 2014
Docket Number: C073339

Justia Opinion Summary: Defendant-appellant Reginald Bradford was convicted by a jury of three counts of second degree burglary and four counts of petty theft with a prior. The offenses were based on incidents in which Bradford took merchandise...

California v. Elder  
Date: July 15, 2014
Docket Number: C073731

Justia Opinion Summary: Defendant Kenneth Elder filed what he titled a petition for a writ of habeas corpus to try and recall his 1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012 initiative measure, provides re...

Hasso v. Hapke  
Date: July 15, 2014
Docket Number: G047495M

Justia Opinion Summary: In August 2007, the initial trustee of two family trusts invested millions in the Rockwater American Municipal Fund, LLC (RAM Fund), a hedge fund engaged in municipal arbitrage. The RAM Fund was managed by Rockwater Muni...

Lee v. Hanley  
Date: July 15, 2014
Docket Number: G048501

Justia Opinion Summary: Plaintiff-appellant Nancy Lee hired Attorney William Hanley to represent her in a civil suit. After the litigation settled, Lee sought a refund of unearned attorney fees and unused expert witness fees she had advanced to...

Ulkarim v. Westfield, LLC  
Date: July 14, 2014
Docket Number: B247174

Justia Opinion Summary: Plaintiff, doing business as iWorld, filed suit against Westfield, a shopping center, alleging that Westfield violated a lease agreement. The trial court stated that Westfield's service of a notice of termination was pro...

In re Greenshields  
Date: July 14, 2014
Docket Number: B252222

Justia Opinion Summary: Petitioner, who suffers from paranoid schizophrenia, was found not guilty of attempted murder by reason of insanity. At issue was whether petitioner could refuse antipsychotic medication. The court held that persons who...

Dept. of Corrs. & Rehab. v. State Pers. Bd.  
Date: July 14, 2014
Docket Number: H038027

Justia Opinion Summary: Martin began working for California’s Department of Corrections and Rehabilitation (CDCR) in 2000, and Sphar began working for CDCR in 2002. They were dismissed in 2004 and challenged their dismissals. In October 2008, a...

Light v. State Water Res. Control Bd.  
Date: July 11, 2014
Docket Number: A138440M

Justia Opinion Summary: In April 2008, a particularly cold month in a dry year, young salmon were found fatally stranded along banks of the Russian River system, which drains Sonoma and Mendocino Counties. The deaths were caused by abrupt decli...

People v. Myers  
Date: July 11, 2014
Docket Number: B249607

Justia Opinion Summary: Defendant appealed from a judgment entered following a jury trial in which he was convicted of second degree robbery of a motel. The court concluded that evidence of a prior robbery was admissible to show a common design...

Co. of Colusa v. Douglas
Date: July 11, 2014
Docket Number: C073624M
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