California Courts of Appeal Decisions 2015

Opinions 1001 - 1055 of 1055

Stockton Mortgage, Inc. v. Tope  
Date: January 20, 2015
Docket Number: C071210

Justia Opinion Summary: Cross-defendant Michael Tope appealed the grant of summary judgment in favor of First American Title Insurance Company in a cross-action to recover money under a title insurance policy after default on a real estate loan...

Citizens for Fair REU Rates v. City of Redding  
Date: January 20, 2015
Docket Number: C071906

Justia Opinion Summary: California voters adopted Proposition 13 in 1978 to require, among other constitutionally implemented tax relief measures, that any “special taxes” for cities, counties, and special districts be approved by two-thirds of...

People v. Givan  
Date: January 20, 2015
Docket Number: F066825

Justia Opinion Summary: Givan was driving in excess of the speed limit, ran a red light, and struck a vehicle driven by Fulce. Fulce’s wife died as a result of the accident. Fulce and another passenger sustained injuries. Approximately one hour...

California v. Armogeda  
Date: January 20, 2015
Docket Number: G048761

Justia Opinion Summary: In 2000, the California voters passed Proposition 36 for the purpose of placing nonviolent drug offenders into substance abuse treatment programs, rather than incarcerating them. In 2011, the Legislature enacted realignm...

Murray & Murray v. Raissi Real Estate Dev,, LLC  
Date: January 20, 2015
Docket Number: H039036

Justia Opinion Summary: The law firm represented Raissi in a Chapter 11 bankruptcy case for a year, generating fees and expenses of $329,705.12. The bankruptcy case closed. Raissi failed to pay. The firm sued for breach of contract, account sta...

In re Israel O.  
Date: January 16, 2015
Docket Number: A142080

Justia Opinion Summary: Israel was born in Mexico in 1999 and is not a U.S. citizen. He came to the U.S. with his mother in 2005 and has no contact with his father in Mexico He was adjudged a ward of the juvenile court as a result of admitting...

People v. Alexander  
Date: January 16, 2015
Docket Number: B256482

Justia Opinion Summary: Defendant agreed to plead no contest to possession of a controlled substance and have his case referred to drug court. He appeared in drug court and informed the court that he was on probation in another case that was on...

City of Emeryville v. Cohen  
Date: January 16, 2015
Docket Number: C074186

Justia Opinion Summary: The narrow dispute on appeal in this case centered on the straightforward interpretation of a few statutes. Those statutes authorized plaintiffs City of Emeryville and Successor Agency to the Emeryville Redevelopment Age...

California v. Orlosky  
Date: January 16, 2015
Docket Number: D064468

Justia Opinion Summary: Robert Orlosky appealed his conviction of marijuana possession and cultivation. He argued the trial court erred in refusing his request to instruct the jury on the statutory collective cultivation defense, which permits...

Fredericks v. Super. Ct.  
Date: January 16, 2015
Docket Number: D066229

Justia Opinion Summary: Petitioner Farhad Fredericks made a California Public Records Act (CPRA) request to defendant and real party in interest, the City of San Diego and the San Diego Police Department (the Department), for all "complaints an...

Guillory v. Hill  
Date: January 16, 2015
Docket Number: G047446

Justia Opinion Summary: LeRoy Guillory and 12 other plaintiffs appealed the trial court’s entry of judgment after granting Orange County Sheriff Department (OCSD) Investigator Michelle Hill’s motion for a directed verdict at the close of eviden...

Kilker v. Stillman  
Date: January 16, 2015
Docket Number: G048473

Justia Opinion Summary: Following the entry of a judgment in favor of plaintiffs Terence and Paula Kilker against defendant Frank Stillman, the trial court ordered Stillman to produce documents regarding his assets to the Kilkers. After Stillma...

Nick v. Dept. Alcoholic Beverage Control  
Date: January 16, 2015
Docket Number: G049580

Justia Opinion Summary: Petitioners Adam Nick and Sherry Nick (collectively, Nick) challenged respondent Department of Alcoholic Beverage Control’s decision to grant real party in interest 7-Eleven, Inc. a license to sell beer and wine at its s...

Stofer v. Shapell Indus., Inc.  
Date: January 15, 2015
Docket Number: A139385

Justia Opinion Summary: Plaintiff purchased a home from Laux. Almost two years later, she sued the homebuilder, Shapell for strict liability, negligence, and fraudulent concealment, claiming Shapell built the home on unstable and uncompacted “f...

Save Westwood Vill. v. Luskin  
Date: January 15, 2015
Docket Number: B253013

Justia Opinion Summary: The Foundation, a non-profit corporation, acts as a conduit for tax exempt gifts to benefit UCLA. Luskin, a director, pledged $40 million to support construction of a UCLA campus conference center. Save Westwood sought t...

California v. Mulcrevy  
Date: January 15, 2015
Docket Number: C075885

Justia Opinion Summary: In 2011, defendant pleaded no contest to unlawful exhibition of a firearm and grand theft. The trial court suspended imposition of sentencing and granted defendant formal probation for a period of 36 months. Among the te...

California v. Campbell  
Date: January 15, 2015
Docket Number: E055528A

Justia Opinion Summary: Defendant-appellant Aaron Campbell met Silvester Leyva at a hookah bar where they exchanged telephone numbers and discussed buying and selling marijuana. A few days later, Campbell and defendant and appellant Xavier Fort...

People v. Mackey  
Date: January 14, 2015
Docket Number: A133129

Justia Opinion Summary: Mackey and Bey were charged with the murder of journalist Chauncey Bailey and the murders of Wills and Roberson. Mackey was also charged as a felon in possession of a firearm; Bey was charged with shooting at an unoccupi...

In re J.C.  
Date: January 14, 2015
Docket Number: B255676

Justia Opinion Summary: Mother pled no contest to a petition filed by the Los Angeles County Department of Children and Family Services (DCFS) that asked the juvenile court to assume jurisdiction over three-month-old J.C. because the child was...

Hyundai Securities v. Lee
Date: January 14, 2015
Docket Number: B257276M
Burdick v. Superior Court  
Date: January 14, 2015
Docket Number: G049107

Justia Opinion Summary: The plaintiffs in this case, John Sanderson and George Taylor, sued Douglas Burdick, an Illinois resident, for defamation and other intentional torts, based on an allegedly defamatory posting made by Burdick on his perso...

Belle Terre Ranch, Inc. v. Wilson  
Date: January 13, 2015
Docket Number: A137217

Justia Opinion Summary: Wilsons purchased and restored the Soda Rock Winery’s century-old building, which backs to the Belle Terre vineyard, with an “avenue” between. Its front entrance is on Highway 128; to enter the winery from the back, user...

In re Young  
Date: January 13, 2015
Docket Number: A138266

Justia Opinion Summary: In 1993, a jury convicted Young of the second degree murder of his former girlfriend in 1991. He was sentenced to a term of 15 years to life. Now 53 years old, he has been denied parole by the Board five times. The court...

Gonsalves v. Li  
Date: January 13, 2015
Docket Number: A140284

Justia Opinion Summary: Li crashed a new BMW during a test drive. Gonsalves, a salesperson for the BMW dealership, was a passenger in the vehicle. Gonsalves sued, alleging that Li drove recklessly during the test drive, causing the accident, an...

Montano v. Wet Seal Retail
Date: January 13, 2015
Docket Number: B244107M
Sarun v. Dignity Health
Date: January 13, 2015
Docket Number: B251767M
In re C.M.  
Date: January 13, 2015
Docket Number: B255629

Justia Opinion Summary: C., born in 2000, and her half sibling lived with mother in the maternal grandparents’ home. Other maternal family members lived in the same apartment complex. In 2013 interview, C. told a social worker that mother hit h...

Hyundai Sec. Co., Inc. v. Lee  
Date: January 13, 2015
Docket Number: B257276

Justia Opinion Summary: Lee was the CEO of Hyundai Securities from 1996 to 2000. Several shareholders of Hyundai brought, in Korea, a shareholders’ derivative action, alleging securities fraud by Lee. The court entered judgment in favor of Hyun...

Lewis v. Jinon Corp.  
Date: January 13, 2015
Docket Number: B257389

Justia Opinion Summary: Lewis filed a putative class action complaint for damages for violation of the Credit Card Act, Civ. Code, 1747, alleging that he purchased an alcoholic beverage, using a credit card for the purchase. The clerk requested...

People v. Gonzales  
Date: January 13, 2015
Docket Number: H039071

Justia Opinion Summary: Gonzales was convicted of permitting a person to carry a loaded firearm in a vehicle (Pen. Code 26100(a)). The jury found true a gang allegation (section 186.22(d)). The court suspended imposition of sentence and placed...

Coastal Surgical Inst. v. Blevins  
Date: January 12, 2015
Docket Number: B254787

Justia Opinion Summary: In 2010, Blevins had knee surgery at a surgical facility. The knee later became infected by bacteria, subsequently found on a sponge manufactured by Ruhof that had been used to clean surgical equipment before the surgery...

California v. Hernandez  
Date: January 12, 2015
Docket Number: C067260M

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. On appeal, he argued he...

P. v. Noyan
Date: January 12, 2015
Docket Number: C074049M
Piper v. Dept. Motor Vehicles  
Date: January 12, 2015
Docket Number: C074525

Justia Opinion Summary: The Department of Motor Vehicles (DMV) appealed the grant of a writ of ordinary mandate compelling it to set aside its calculation of the period of postconviction suspension of licensee Charles James Piper, arguing the t...

Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc.  
Date: January 12, 2015
Docket Number: F067327

Justia Opinion Summary: A shopping center owner challenged provisions in its commercial lease with Ross, conditioning Ross’s obligation to open a store and pay rent on Mervyn’s operating a store in the shopping center on the lease’s commencemen...

In re R.T.  
Date: January 9, 2015
Docket Number: A140144

Justia Opinion Summary: R. was born in 2012 exposed to methamphetamine, marijuana, opiates, and benzodiazepines. Alameda County Social Services Agency filed a petition, alleging that the parents have a history of drug abuse and domestic violenc...

P. v. Aparicio
Date: January 9, 2015
Docket Number: D064995M
People v. Anderson  
Date: January 9, 2015
Docket Number: F066737

Justia Opinion Summary: Anderson was convicted of cultivating marijuana. The court of appeal reversed because the trial court failed to instruct the jury clearly on the defense potentially available to Anderson under Health and Safety Code sect...

Williams & Fickett v. Cnty. of Fresno  
Date: January 9, 2015
Docket Number: F068652

Justia Opinion Summary: The Fresno County Assessor audited the partnership regarding personal property for tax years 1994-2001, which resulted in assessment of additional taxes for farm equipment. In 2007, the partnership attempted to apply for...

Feresi v. The Livery, LLC
Date: January 8, 2015
Docket Number: B248607M
State Ready Mix Iv. Moffatt & Nichol  
Date: January 8, 2015
Docket Number: B253421

Justia Opinion Summary: Bellingham Marine hired Major Engineering to construct a travel lift pier at the Channel Islands Harbor. Bellingham hired Moffatt, a civil engineering firm, to prepare the plans, which required that the concrete have a s...

Ventura Foothill Neighbors v. County of Ventura
Date: January 8, 2015
Docket Number: B254120M
California v. Rekte  
Date: January 8, 2015
Docket Number: E060272

Justia Opinion Summary: Viktors Rekte received a citation by mail for a violation of the Vehicle Code for failing to stop at a red light, based on a photograph taken pursuant to the Automated Traffic Enforcement System (ATES). At trial, the cou...

Montano v. Wet Seal Retail, Inc.  
Date: January 7, 2015
Docket Number: B244107

Justia Opinion Summary: Montano filed a putative class action against Wet Seal, alleging that it failed to offer all required meal and rest periods to its California non-exempt retail employees; failed to provide all regular and overtime pay wh...

California v. Super. Ct.  
Date: January 7, 2015
Docket Number: G049679

Justia Opinion Summary: The State petitioned for a writ of mandate to order the Superior Court of Orange County to vacate its ruling reducing the felony charges against Alireza Jalalipour to misdemeanors. The Court of Appeal issued an order to...

Rivero v. Lake Cnty. Bd. of Supervisors  
Date: January 6, 2015
Docket Number: A139216

Justia Opinion Summary: Rivero was the elected sheriff of Lake County in 2011. He had been involved in an on-duty shooting while serving as a deputy. A year after Rivero became sheriff the district attorney announced that he had reopened the i...

People v. Solis  
Date: January 6, 2015
Docket Number: B244487A

Justia Opinion Summary: Solis broke into the home of his former girlfriend, Judith, and stabbed Judith times, stating that she “deserved to die.” Later, Solis went to the police and gave a taped interview, confessing that he attacked Judith, bu...

Sarun v. Dignity Health  
Date: January 6, 2015
Docket Number: B251767

Justia Opinion Summary: Sarun, uninsured when he received emergency services from a hospital owned by Dignity Health, signed an agreement to pay the "full charges, unless other discounts apply.” The agreement explained uninsured patients might...

Schultz v. Workers’ Compensation Appeals Bd.  
Date: January 6, 2015
Docket Number: B255678

Justia Opinion Summary: Schultz sought workers’ compensation benefits after suffering injuries in a traffic accident while driving his personal vehicle at Edwards Air Force Base where he worked for JT3. The Workers’ Compensation Appeals Board d...

California v. Super. Ct.  
Date: January 6, 2015
Docket Number: E060210

Justia Opinion Summary: The State filed a petition for writ of mandate and/or prohibition challenging the superior court’s order that it acted outside of its jurisdiction. This petition arose over the court's decision that though the real party...

California v. Super. Ct.  
Date: January 6, 2015
Docket Number: E060260

Justia Opinion Summary: The State filed a petition for writ of mandate and/or prohibition challenging the superior court’s order that it acted outside of its jurisdiction. This petition arose over the court's decision that though the real party...

Donahue Schriber Realty Grp., Inc. v. Nu Creation Outreach  
Date: January 6, 2015
Docket Number: F068287

Justia Opinion Summary: Plaintiff controls the Fig Garden Village outdoor shopping center, which has approximately 60 retailers. Plaintiff has a policy of prohibiting solicitation of donations on the shopping center property; it allows other fo...

Ocegueda v. Perreira  
Date: January 5, 2015
Docket Number: C073176

Justia Opinion Summary: In this case of first impression, the issue this case presented for the Court of Appeal's review was whether California was the home state of a child who was born in Hawaii, remained in Hawaii for six weeks with his moth...

California v. Aparicio  
Date: January 5, 2015
Docket Number: D064995A

Justia Opinion Summary: In March 1985, a juvenile court found true the allegation that Luis Ramon Aparicio committed battery with serious bodily injury after he dislocated a victim's nose by pushing the victim's head onto concrete. Aparicio was...

California v. Toure  
Date: January 5, 2015
Docket Number: E058915

Justia Opinion Summary: Defendant Madou Toure drove his semi-truck into on-coming traffic before colliding head-on with an automobile carrying two occupants. Throughout the investigation of the incident by the California Highway Patrol (CHP), d...

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