California Courts of Appeal Decisions 2016

Opinions 1 - 500 of 1015

Cal Fire Local 2881 v. California Public Employees' Retirement System  
Date: December 30, 2016
Docket Number: A142793

Justia Opinion Summary: California firefighters and their union sought to compel the California Public Employees’ Retirement System (CalPERS) to continue to enforce Government Code 20909, and allow eligible public employees to purchase at cost...

City of LA v. City of LA Employee Relations Board  
Date: December 30, 2016
Docket Number: B261246

Justia Opinion Summary: The City, acting by and through its Department of Water and Power (DWP), challenges the dismissal entered after the superior court sustained the demurrer of real part in interest Department of Water and Power Management...

California v. Cady  
Date: December 30, 2016
Docket Number: D068582A

Justia Opinion Summary: William Cady drove his vehicle at an excessive and unsafe speed while intoxicated, resulting in an accident that killed three of his passengers and injured two others. A jury found Cady guilty of: three counts of gross v...

In re Perez  
Date: December 29, 2016
Docket Number: A145279

Justia Opinion Summary: Defendant was convicted of kidnapping during the commission of a carjacking and kidnapping to commit robbery, committed when he was 16 years old. He was sentenced to seven years to life in prison in 1999. In 2014 and 2...

569 East County etc. v. Backcountry etc.
Date: December 29, 2016
Docket Number: D068538M
People v. Munguia  
Date: December 29, 2016
Docket Numbers: F070141, F070169

Justia Opinion Summary: Codefendants Elissa Arambula, Jose Luis Munguia and Anesia Lucia Ribeiro were convicted of first degree burglary and other charges. The court found Arambula’s and Munguia’s first degree burglary convictions are supported...

Khan v. Shim  
Date: December 29, 2016
Docket Number: H041608

Justia Opinion Summary: Dr. Hoang, a dentist, died in 2010. Dr. Khan agreed to buy Hoang’s practice. The contract allows the prevailing party to be awarded fees if “any litigation . . . is commenced . . . concerning its terms, interpretation o...

County of San Diego v. Commission on State Mandates  
Date: December 28, 2016
Docket Number: D068657

Justia Opinion Summary: In 1998, the Commission on State Mandates (Commission) concluded costs associated with eight activities required of local governments by the then-newly passed Sexually Violent Predator Act (SVPA) were eligible for reimbu...

San Nicolas v. Harris  
Date: December 28, 2016
Docket Number: D069769

Justia Opinion Summary: Plaintiff-appellant Tony San Nicolas appealed the denial of his petition for a writ of mandate challenging his placement in the California Department of Justice's sex offender tracking program. He contended the court err...

Flores v. Nature's Best Distribution
Date: December 28, 2016
Docket Number: G052410A
Navigators Specialty Ins. Co. v. Moorefield Const.  
Date: December 27, 2016
Docket Number: G050759

Justia Opinion Summary: Navigators Specialty Insurance Company (Navigators) issued commercial general liability (CGL) insurance policies (the Policies) to Moorefield Construction, Inc. (Moorefield), a licensed general contractor. At issue in th...

Flores v. Nature's Best Distribution  
Date: December 27, 2016
Docket Number: G052410

Justia Opinion Summary: In November 2014, plaintiff Julie Flores filed a complaint against defendants Nature's Best Distribution, LLC, Nature's Best, KeHe Distributors, Inc., and KeHe Distributors, LLC, alleging claims for disability discrimina...

The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency  
Date: December 23, 2016
Docket Number: A147498

Justia Opinion Summary: The San Francisco Municipal Transportation Agency (Muni) approved a contract to install the last 900 feet of light rail line needed to complete a “Loop” around a city block in the Dogpatch neighborhood to allow trains to...

McNair v. Super. Ct.  
Date: December 23, 2016
Docket Number: B275282

Justia Opinion Summary: Plaintiff filed suit against the NCAA for seven causes of action and the NCAA exercised a peremptory challenge to the trial judge assigned to the case at the time. The case was reassigned to a different jurist. The NCAA...

Integrated Dynamic Solutions v. Vitavet Labs  
Date: December 22, 2016
Docket Number: B268311

Justia Opinion Summary: VitaVet hired IDS to develop a software program that would increase the speed and efficiency of its online services. IDS delivered an unfinished version of the software and withheld the source code and technical specific...

California v. Relkin  
Date: December 22, 2016
Docket Number: C078628

Justia Opinion Summary: Defendant Scott Relkin appealed his sentence following entry of pleas in case numbers CM040863 and CM041966. He contended the sentence exceeded the maximum to which he specifically agreed. He further contended the trial...

California v. Kindall  
Date: December 22, 2016
Docket Number: C078996

Justia Opinion Summary: A jury found defendant Tommie Lee Kindall guilty of felony battery causing serious bodily injury, misdemeanor assault, and misdemeanor domestic violence. After the verdicts, but before a court trial on the prior prison t...

Newport Harbor Ventures v. Morris Cerullo World Evangelism  
Date: December 22, 2016
Docket Number: G052660

Justia Opinion Summary: In this case, the issue presented for the Court of Appeal’s review was whether an anti-SLAPP motion was timely when it was filed within 60 days of service of a third amended complaint and no previous anti-SLAPP motion ha...

Driscoll v. Granite Rock Company
Date: December 22, 2016
Docket Number: H037662M
Sagonowsky v. Kekoa  
Date: December 21, 2016
Docket Number: A142866

Justia Opinion Summary: The parties married in 1992 and divorced in 2005. During their ongoing “litigation war” the court granted husband Family Code section 2711 sanctions of $767,781.23, including: $500,000 for wife’s “relentless and culpable...

Kase v. Metalclad Insulation Corporation
Date: December 21, 2016
Docket Number: A143590M
People v. Meraz  
Date: December 21, 2016
Docket Number: B245657A

Justia Opinion Summary: Juan Ramon Meraz, Juan M. Chambasis, and Victor Bibiano separately appeal their convictions and sentences for murder, attempted murder, and discharging a firearm at an inhabited dwelling following a gang-related shooting...

People v. Myles  
Date: December 21, 2016
Docket Number: B270409

Justia Opinion Summary: Defendant pled no contest to charges of cocaine possession while armed with a loaded operable semiautomatic handgun and having a concealed firearm in a vehicle. On appeal, defendant challenges the denial of his motion to...

Gage v. WCAB  
Date: December 21, 2016
Docket Number: C081618

Justia Opinion Summary: Rebecca Gage was a deputy sheriff in Sacramento County who sustained a job-related injury and applied for industrial disability retirement. She also requested advance disability pension payments while her retirement appl...

Madrigal v. Victim Compensation & Government Claims Board  
Date: December 20, 2016
Docket Number: B265105

Justia Opinion Summary: Defendant appealed the judgment upholding the decision of the state’s Victim Compensation and Government Claims Board to deny defendant compensation for wrongful imprisonment after the Board found that defendant had not...

Tidwell Enterprises v. Financial Pacific Ins. Co.
Date: December 20, 2016
Docket Number: C078665M
San Joaquin County Correctional etc. v. County of San Joaquin  
Date: December 20, 2016
Docket Number: C079413

Justia Opinion Summary: Plaintiff San Joaquin County Correctional Officers Association (CCOA) appealed a judgment in favor of the County of San Joaquin (County) in this dispute over pensions payments, specifically, cost-of-living adjustments (C...

California v. Brown  
Date: December 20, 2016
Docket Number: E064318

Justia Opinion Summary: After defendant Kyle Brown and victim Rebekka Chartier broke up, he demanded that she “get friendly and get over it,” or he would “pop [her] tires.” She refused, so he punctured her tires with a knife. This violated a re...

Dual Diagnosis Treatment Center v. Buschel  
Date: December 20, 2016
Docket Number: G053046

Justia Opinion Summary: This case arose out of the re-publication and electronic distribution of an outdated newspaper article concerning Dual Diagnosis Treatment Center, Inc. dba Sovereign Health of California (Sovereign) and one of the treatm...

People v. Elizalde  
Date: December 19, 2016
Docket Number: B267479

Justia Opinion Summary: After the trial court found defendant violated the terms of her postrelease community supervision (PRCS), she was ordered to serve 120 days in custody. The trial court then immediately granted her petition for Propositio...

Marriage of Schu
Date: December 19, 2016
Docket Number: B269831M
California v. Gonzales  
Date: December 19, 2016
Docket Number: C078960

Justia Opinion Summary: Defendant Craig Danny Gonzales, in custody in state prison, filed a petition in January 2015 to recall his sentence pursuant to "Proposition 47." The petition simply recited the statutes defendant violated without any fu...

California v. Franske  
Date: December 19, 2016
Docket Number: C081591

Justia Opinion Summary: Defendant Michelle Franske and the State both appealed a resentencing proceeding pursuant to Proposition 47, which created a new resentencing provision, Penal Code section 1170.18. The trial court granted defendant's req...

Medical Marijuana, Inc. v. ProjectCBD
Date: December 19, 2016
Docket Number: D068523M
Armin v. Riverside Community Hospital
Date: December 19, 2016
Docket Number: G052125M
Conservatorship of B.C.  
Date: December 16, 2016
Docket Number: B270310

Justia Opinion Summary: In 2012, B.C., age 30, suffered cardiac arrest and brain damage from the use of methamphetamine and alcohol. She initially lived with and was cared for by her mother. When her mother died, B.C. inherited $450,000. She...

Property Reserve, Inc. v. Super. Ct.  
Date: December 16, 2016
Docket Number: C067758A

Justia Opinion Summary: In "Property Reserve, Inc. v. Superior Court," (1 Cal.5th 151 (Property Reserve I- 2016)), the California Supreme Court reversed a Court of Appeals decision and remanded the matter for the appellate court to consider iss...

San Diegans for Open Govt. v. City of San Diego  
Date: December 16, 2016
Docket Number: D069922

Justia Opinion Summary: At issue in this matter was a development by Sunroad Enterprises and Sunroad Centrum Partners L.P. (together, Sunroad) of an office, residential, and retail project in the Kearny Mesa area of San Diego. Since 1997 the Ci...

In re Ray M.  
Date: December 16, 2016
Docket Number: D070157

Justia Opinion Summary: Ray M. appealed an Imperial County juvenile court order denying his motion to conduct a new assessment under Welfare and Institutions Code section 241.11 and declaring him a delinquent ward under section 602. Ray filed h...

Thompson v. Asimos  
Date: December 15, 2016
Docket Number: A140096

Justia Opinion Summary: Thompson founded a consulting firm (WREG) to advise clients in a niche internet infrastructure industry called “colocation.” WREG sometimes, but not always, performed services that required a real estate broker’s license...

Veera v. Banana Republic, LLC  
Date: December 15, 2016
Docket Number: B270796

Justia Opinion Summary: Plaintiffs filed a class action against Banana Republic, a clothing retailer, alleging that signs in its store windows advertising a 40 percent off sale were false or misleading because they did not disclose that the dis...

California v. Evans  
Date: December 15, 2016
Docket Number: E064243

Justia Opinion Summary: Defendant John Evans appealed his 2015 sentence, arguing it improperly included a one-year enhancement under Penal Code section 667.5(b) for an offense the trial court designated a misdemeanor shortly after imposing the...

Gonzales v. City of Atwater  
Date: December 15, 2016
Docket Number: F070832

Justia Opinion Summary: In 2010, Carrizales was making a left turn at an Atwater intersection when she struck and killed Gonzales, a pedestrian in a crosswalk. Gonzales’s family sued Carrizales and the city for wrongful death, alleging Carriza...

California v. Pinon  
Date: December 15, 2016
Docket Number: G051212A

Justia Opinion Summary: This appeal arose from defendant Jamie Manuel Pinon’s petition to be resentenced pursuant to Penal Code section 1170.18, adopted by the voters as Proposition 47. In its prior decision in this case, the Court of Appeal he...

In re E.G.  
Date: December 14, 2016
Docket Number: A146287

Justia Opinion Summary: A petition filed under Welfare and Institutions Code 602 alleged that E.G. committed four offenses. He pled no contest to battery causing serious bodily injury and grand theft; the remaining charges were dismissed. The...

In re D.R.  
Date: December 14, 2016
Docket Number: B269663

Justia Opinion Summary: D.R., born in November 2004, lived with her maternal grandmother since she was an infant and was “thriving” in her grandmother’s care. D.R.’s two half siblings lived separately with mother and their father in the same a...

Beach Break Equities v. Lowell  
Date: December 14, 2016
Docket Number: D069313

Justia Opinion Summary: Landlord Beach Break Equities, LLC. (Beach Break) filed an unlawful detainer action against tenant Martin Lowell. The court granted Beach Break's summary judgment motion on the possession issue, and issued a writ of poss...

California v. Byers  
Date: December 14, 2016
Docket Number: G051068

Justia Opinion Summary: The trial court denied defendant David Byers’s motion to suppress evidence. Defendant then pleaded guilty to possession of cocaine for sale and misdemeanor possession of nitrous oxide for the purpose of intoxication. The...

P. v. Dekraai
Date: December 14, 2016
Docket Number: G051696M
P. v. Selivanov
Date: December 13, 2016
Docket Number: B252894M
Wilson v. Cable News Network Inc.  
Date: December 13, 2016
Docket Number: B264944

Justia Opinion Summary: Plaintiff, a 51-year-old African- and Latino-American, began working for CNN in 1996 and became a producer in 2000. In 2004, Janos became plaintiff‘s supervisor. Plaintiff received no further promotions. The final open...

Southern California Gas Co. v. Flannery
Date: December 13, 2016
Docket Number: B268298M
People v. Alexander  
Date: December 13, 2016
Docket Number: B270019

Justia Opinion Summary: Alexander pled no contest to forcible rape; kidnapping; injuring a spouse, cohabitant, partner, or parent of child; and attempted murder. Additional charges and sentencing enhancement allegations were dismissed. The cou...

Mendoza v. JPMorgan Chase Bank  
Date: December 13, 2016
Docket Number: C071882A

Justia Opinion Summary: The California Supreme Court's narrow ruling on a borrower's standing to challenge the validity of the chain of assignments involved in the securitization of her loans in "Yvanova v. New Century Mortgage Corp." (62 Cal.4...

Ryan v. Crown Castle NG Networks, Inc.  
Date: December 13, 2016
Docket Number: H041712

Justia Opinion Summary: Ryan sued his former employer, NextG, alleging that NextG had breached a promise to grant him lucrative stock options as a condition of his employment. The case went to the jury with an “unclear special verdict form and...

Riske v. Superior Court  
Date: December 12, 2016
Docket Number: B270043

Justia Opinion Summary: In 2008, while working as a narcotics detective, Riske reported two fellow officers for filing false reports and testified against them at an administrative hearing that ultimately resulted in their termination. Afterwa...

Stand up for California v. State of California  
Date: December 12, 2016
Docket Number: F069302

Justia Opinion Summary: Plaintiffs challenged the Governor’s authority to concur in the decision of the Secretary of the U.S. Department of the Interior under the Indian Gaming Regulatory Act (18 U.S.C. 1166-1167; 25 U.S.C. 2701, to take 305 ac...

People v. Martin  
Date: December 12, 2016
Docket Number: F071654

Justia Opinion Summary: In 2009, defendant entered a Clovis store, purchased several items, wrote a check, and provided identification. The cashier, believing the check was valid, allowed defendant to leave with the goods worth $192.26. Defe...

De Vries v. Regents of UC  
Date: December 9, 2016
Docket Number: B264487

Justia Opinion Summary: Federal law makes undocumented immigrants ineligible for state and local public benefits, but allows a state to “affirmatively provide[] for such eligibility” through “the enactment of a State law.” 8. U.S.C. 1621(d). Pl...

Alereza v. Chicago Title Co.  
Date: December 9, 2016
Docket Number: C075547

Justia Opinion Summary: In early 2008, plaintiff-appellant Taghi Alereza agreed to help his nephew Habib (Bobby) purchase a business consisting of a gas station and convenience store in Sacramento. They planned to have Bobby run the business. A...

B.B. v. Super. Ct.  
Date: December 9, 2016
Docket Number: D070894

Justia Opinion Summary: In 2013, the juvenile court terminated reunification services for B.B. (Father) and appointed H.B.'s (the minor) maternal aunt as legal guardian. In 2016, the San Diego County Health and Human Services Agency filed a new...

P. v. Garcia
Date: December 9, 2016
Docket Number: G050268M
In re I.S.  
Date: December 8, 2016
Docket Number: A147004

Justia Opinion Summary: In 2013, in Contra Costa County Juvenile Court, defendant pleaded no contest to felony theft. The court declared him a ward of the state. A year later, a new petition alleged defendant unlawfully possessed a firearm. He...

Lee v. Silveira  
Date: December 8, 2016
Docket Number: D068835A

Justia Opinion Summary: This action was brought by three members of the board of directors of the Friars Village Homeowners Association (FVHOA) against six other board members and the FVHOA manager but not against FVHOA itself (despite the fact...

People v. Lopez  
Date: December 7, 2016
Docket Number: B267494

Justia Opinion Summary: Defendant appealed his conviction by jury of possession and transportation of a controlled substance. Health and Safety Code section 113791 prohibits transportation of a controlled substance. A violation of this section...

California v. Johnson  
Date: December 7, 2016
Docket Number: E063172A

Justia Opinion Summary: A jury convicted defendant-appellant William Johnson of gross vehicular manslaughter while intoxicated and hit and run with injury. The jury also found true two enhancement allegations: defendant fled the scene; and the...

Marriage of Schu  
Date: December 6, 2016
Docket Number: B269831

Justia Opinion Summary: After Donn Michael Schu and Genise Gomez filed for divorce, Schu paid Gomez $500 per month temporary spousal support. Gomez became sexually attracted to her son's best friend while he was still a child. Gomez subsequentl...

Gee v. Estate of Jewett  
Date: December 6, 2016
Docket Number: C077077A

Justia Opinion Summary: Defendant Greyhound Lines, Inc. (Greyhound) appealed the trial court’s order granting plaintiff Linda Gee’s motion to set aside dismissal. On appeal, Greyhound argued that the trial court erred in granting relief under C...

East Sacramento Partnership etc. v. City of Sacramento
Date: December 6, 2016
Docket Number: C079614M
Advent, Inc. v. National Union Fire Insurance Co. of Pittsburgh  
Date: December 6, 2016
Docket Number: H041934

Justia Opinion Summary: Advent was the general contractor for the Aspen Village project in Milpitas. Advent subcontracted with Pacific, which subcontracted with Johnson. Advent was covered by a Landmark insurance policy and a Topa excess insur...

People v. Burroughs  
Date: December 5, 2016
Docket Number: B267353

Justia Opinion Summary: Defendant appealed a jury verdict adjudicating him a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA), Welf. & Inst. Code, 6600 et seq., and ordering his indeterminate commitment to Coaling...

569 East County etc. v. Backcountry Against the Dump, Inc.  
Date: December 5, 2016
Docket Number: D068538A

Justia Opinion Summary: Plaintiffs 569 East County Boulevard, LLC, and others filed an action against numerous entities and individuals. Plaintiffs' complaint named Backcountry Against the Dump, Inc. (BAD) as a defendant and alleged a single ca...

In re J.S.  
Date: December 5, 2016
Docket Number: D070163

Justia Opinion Summary: While J.S. was a dependent of the juvenile court, a delinquency petition was filed alleging that she committed vandalism and used force and violence against another minor. The juvenile court declared her a "dual status"...

In re Marriage of Usher  
Date: December 2, 2016
Docket Number: B263721

Justia Opinion Summary: Respondent is a successful director and producer. After the trial court granted respondent's request to reduce his monthly child support payment to $9,842, from the original amount entered into at the time of dissolution...

Elliott Homes, Inc. v. Super. Ct.  
Date: December 2, 2016
Docket Number: C078122

Justia Opinion Summary: Real parties in interest, Kevin Hicks et al., filed an action against petitioner Elliott Homes, Inc. (Elliott), the builder of their homes, seeking damages for construction defects. Elliott moved to stay the litigation u...

California v. Sanghera  
Date: December 2, 2016
Docket Number: C078933

Justia Opinion Summary: A jury found defendant Mangal Singh Sanghera guilty of assault with a deadly weapon (stabbing instrument) and found that he personally inflicted great bodily injury. Defendant was sentenced to a state prison term of five...

Eblovi v. Blair  
Date: December 1, 2016
Docket Number: A148275

Justia Opinion Summary: Eblovi was a proponent of a citizen-sponsored initiative appearing on the City of Half Moon Bay June 7, 2016 ballot as Measure F. Eblovi sought an order directing the interim city clerk to strike "Primary Argument Again...

Westside Estate Agency v. Randall  
Date: December 1, 2016
Docket Number: B268455

Justia Opinion Summary: Stephen Shapiro was a licensed real estate broker and the principal of plaintiff Westside. Shapiro's friends, James and Eleanor Randall, agreed to have Shapiro represent them in a residential real estate purchase. Howev...

Foxen v. Carpenter  
Date: December 1, 2016
Docket Number: B268820

Justia Opinion Summary: Plaintiff filed suit against the former attorneys who had represented her in a personal injury action. Plaintiff alleged eight causes of action arising from alleged misconduct during the course of the parties’ attorney-c...

National Shooting Sports Foundation v. State of California  
Date: December 1, 2016
Docket Number: F072310

Justia Opinion Summary: NSSF and SAAMI filed the underlying action for declaratory relief seeking to enjoin Penal Code section 31910, subdivision (b)(7)(A) on the ground that it is impossible to comply with dual placement microstamping requirem...

People v. McCarrick  
Date: November 30, 2016
Docket Number: A136822

Justia Opinion Summary: Defendant killed her three-year-old twin daughters with a sword. A neighbor heard loud thumping from defendant’s apartment. Later, a fire alarm went off. The neighbor, seeing smoke, ran upstairs and kicked in the door, b...

Condon v. Daland Nissan, Inc.  
Date: November 30, 2016
Docket Number: A145613

Justia Opinion Summary: Condon purchased a car. Believing the dealership knowingly failed to disclose prior damage, Condon sued. The contract required arbitration of disputes. An arbitration award would be final, unless “the arbitrator’s aw...

Lee v. Rich  
Date: November 30, 2016
Docket Number: G051838

Justia Opinion Summary: Howard Rich purchased a single-family residence at an execution sale conducted to satisfy a judgment against Yung-Shen Steven Lee. Rich was a third party purchaser; the plaintiff and judgment creditor was Spyglass Hill C...

Driscoll v. Granite Rock Co.  
Date: November 30, 2016
Docket Number: H037662

Justia Opinion Summary: Granitrock produces perishable concrete that cannot be stored; when concrete is in a mixer truck, the drum must rotate constantly to prevent hardening. Freshly batched concrete must be poured within 60-90 minutes to ens...

ZF Micro Devices v. TAT Capital Partners
Date: November 30, 2016
Docket Number: H040776M
Sutter Health v. Eden Township Healthcare District  
Date: November 29, 2016
Docket Number: A146002

Justia Opinion Summary: Eden Township Healthcare District, established under the Local Health Care District Law (Health & Saf. Code 32000), was subject to a money judgment of $17 million, plus $2.5 million in prejudgment interest, attorney fees...

Mission Bay Alliance v. Office of Community Investment & Infrastructure  
Date: November 29, 2016
Docket Number: A148865

Justia Opinion Summary: The proposed construction includes a 488,000-square-foot arena for the Golden State Warriors basketball team and other events, plus two 11-story office and retail buildings, parking, and 3.2 acres of open space, on 11 ac...

People v. Shiga  
Date: November 29, 2016
Docket Number: B256009

Justia Opinion Summary: Defendant appealed his conviction after he set fire to St. John Vianney Catholic Church and the fire spread to the rectory where priests were sleeping. The court concluded that the trial court erred in failing to recogni...

Goonewardene v. ADP
Date: November 29, 2016
Docket Number: B267010M
In re Charlotte V.  
Date: November 29, 2016
Docket Number: B269633

Justia Opinion Summary: Mother appeals from the termination of her parental rights over her daughter, Charlotte V., on the ground the juvenile court failed to comply with the strict notice requirements specified in the Indian Child Welfare Act...

California v. Moore  
Date: November 29, 2016
Docket Number: C075231

Justia Opinion Summary: A jury convicted defendant Paul Roger Moore of first degree murder based exclusively on circumstantial evidence that he built and planted a victim-activated bomb in an irrigation pump he knew the farm foreman and eventua...

Tidwell Enterprises v. Financial Pacific Ins. Co.  
Date: November 29, 2016
Docket Number: C078665

Justia Opinion Summary: A fire destroyed a house. The homeowner’s insurer agreed to pay for the damages resulting from the fire, then sued the contractor who installed the fireplace several years earlier, claiming negligence. The contractor ten...

Department of Health Care Services v. Office of Administrative Hearings  
Date: November 29, 2016
Docket Number: F071023

Justia Opinion Summary: The Department filed a petition for writs of administrative and traditional mandamus, and declaratory relief, seeking, among other things, an order compelling the Director of the Department of General Services, OAH, to s...

California v. Allen  
Date: November 28, 2016
Docket Number: C079143

Justia Opinion Summary: A jury found defendant James Allen guilty of escape for leaving his mother’s house, which was his assigned place of confinement under an alternative custody agreement. In challenging his escape conviction, defendant argu...

California v. Houser  
Date: November 28, 2016
Docket Number: E063996

Justia Opinion Summary: During a trial on multiple counts of sexual offenses against a child, defense counsel informed the court that he had a doubt as to defendant-appellant Earl Lewis Houser, Jr.'s mental competence to stand trial. The trial...

In re Marriage of Wilson
Date: November 23, 2016
Docket Number: A140273M
Kase v. Metalclad Insulation Corp.  
Date: November 23, 2016
Docket Number: A143590

Justia Opinion Summary: Kase was exposed to asbestos insulation used on nuclear submarines during the early 1970s. The trial court rejected claims against a broker that arranged for asbestos-containing insulation to be shipped to the Mare Isla...

Parisi v. Mazzaferro  
Date: November 23, 2016
Docket Number: A145643

Justia Opinion Summary: Mazzaferro, a “vexatious litigant,” was replaced as trustee of a living trust. Mazzaferro’s son-in-law, Parisi, the conservator for the trust beneficiary, a dependent adult, alleged financial abuse and fraud by Mazzaferr...

California v. Thiel  
Date: November 23, 2016
Docket Number: D069111

Justia Opinion Summary: A jury convicted defendant-appellant Brett Thiel of elder abuse with force likely to cause great bodily harm or death; elder abuse; witness intimidation; and resisting an officer. The jury also found true that defendant,...

California v. Garcia  
Date: November 23, 2016
Docket Number: E059452A

Justia Opinion Summary: Defendant Andrew Garcia was serving 35 years to life after a jury convicted him as an adult of attempted murder and other charges for robbing and shooting a woman in the face when he was 15 years old. In this appeal, def...

City of Palo Alto v. Public Employment Relations Board  
Date: November 23, 2016
Docket Number: H041407

Justia Opinion Summary: The Palo Alto charter provided that impasses in negotiations regarding wages, hours, and other terms and conditions of employment for the city’s police and firefighters would be submitted to binding interest arbitration....

McNair v. City and County of San Francisco  
Date: November 22, 2016
Docket Number: A138952

Justia Opinion Summary: McNair obtained a commercial driver’s license (CDL) in 2000 and began driving. McNair has a history of diabetes and cognitive deficits. While under the care of Department of Public Health (DPH) physicians, McNair signed...

In re: O.C.  
Date: November 22, 2016
Docket Number: A147577

Justia Opinion Summary: The children, ages two and four, were detained after their parents‘ residence was raided by the Mendocino Major Crimes Task Force. Both parents allegedly had substance abuse problems. Father was in Mendocino County jail...

LAOSD Asbestos Cases  
Date: November 22, 2016
Docket Number: B265222

Justia Opinion Summary: This case arose after Kenneth Evans was diagnosed with asbestosis after a decades-long career working for the Southern California Gas Company. After the jury found that Hood‘s conduct exposed Evans to asbestos, but that...

People v. Quick  
Date: November 22, 2016
Docket Number: B268751

Justia Opinion Summary: Defendant plead guilty to possession for sale of a controlled substance. On appeal, defendant challenged the trial court's denial of his motion to suppress evidence made pursuant to Penal Code section 1538.5. Defendant a...

Goles v. Sawhney  
Date: November 22, 2016
Docket Number: B268990

Justia Opinion Summary: Katana, a closely held corporation, is a software development company. Mark and Karen Goles appeal from an order specifying $139,666.67 as the buyout value of their 36.7% minority shareholder interest in Katana pursuant...

Doe v. Regents of the University of California  
Date: November 22, 2016
Docket Number: D068901

Justia Opinion Summary: "John Doe" and "Jane Roe" were students at the University of California, San Diego (UCSD) when they began a romantic relationship. A few months after their relationship ended, Jane made a complaint to UCSD's Office of St...

California v. Mejia  
Date: November 22, 2016
Docket Number: E062962

Justia Opinion Summary: Defendant-appellant Philip Mejia appealed his conviction for torture, spousal rape, spousal abuse, and criminal threats. The Court of Appeal rejected his contention that the court should have conducted a hearing pursuant...

California v. Dekraai  
Date: November 22, 2016
Docket Number: G051696

Justia Opinion Summary: The trial court recused the entire Orange County District Attorney's (OCDA) office from prosecuting Scott Dekraai's penalty phase after he pled guilty to eight counts of murder. The court did so after two evidentiary hea...

Lubin v. Wackenhut Corp.  
Date: November 21, 2016
Docket Number: B244383

Justia Opinion Summary: Plaintiffs filed suit on behalf of themselves and similarly situated persons, alleging that Wackenhut violated California labor laws by failing to provide employees with off-duty meal and rest breaks and by providing ina...

People v. Ramos  
Date: November 21, 2016
Docket Number: B248512

Justia Opinion Summary: Defendant was found guilty by a jury of making criminal threats. He chose to represent himself and, prior to opening statements, the trial court removed him from the courtroom for disruptive conduct. The court agreed wit...

Gee v. Greyhound Lines, Inc.  
Date: November 21, 2016
Docket Number: C077077

Justia Opinion Summary: Defendant Greyhound Lines, Inc. (Greyhound) appealed a trial court’s order granting plaintiff Linda Gee’s motion to set aside dismissal pursuant to Code of Civil Procedure section 473, subdivision (b). Gee had been injur...

Medical Marijuana, Inc. v. ProjectCBD.com  
Date: November 21, 2016
Docket Number: D068523

Justia Opinion Summary: Plaintiffs Medical Marijuana, Inc. (MMI) and HempMeds PX, LLC (HempMeds) (jointly "the plaintiffs") sued defendants ProjectCBD.com (Project CBD), Martin Lee, and Aaron Cantu. Project CBD appealed a trial court's order de...

People v. Guerra  
Date: November 21, 2016
Docket Number: F071164

Justia Opinion Summary: After defendant was charged with three misdemeanors, his motion to suppress evidence under Penal Code section 1538.5, subdivision (a)(1), was granted. The People appealed. The appellate division summarily reversed the tr...

In re: Lambirth  
Date: November 21, 2016
Docket Number: H041812

Justia Opinion Summary: Lambirth is serving a life term at the Soledad Correctional Training Facility. He claims that he learned during his 2013 pre-annual interview that he was subject to a “child visiting restriction.” He complained to his...

Contreras v. Dowling
Date: November 18, 2016
Docket Number: A142646M
People v. Cruz-Villagran  
Date: November 18, 2016
Docket Number: A143768

Justia Opinion Summary: By text messaging, defendant communicated with several girls under 14 years of age, sending them sexually explicit photographs of himself and asking them to send him nude photographs of themselves. He was convicted of m...

People v. Morera-Munoz  
Date: November 18, 2016
Docket Number: A148325

Justia Opinion Summary: A San Francisco police officer investigated a report of a person asleep behind the wheel of a vehicle parked in a lane of travel. Defendant, the vehicle’s sole occupant, was in the driver’s seat, slouched forward with h...

People v. Walker  
Date: November 18, 2016
Docket Number: B268475

Justia Opinion Summary: Defendant challenged the orders denying his petition for resentencing/application to redesignate his 1988 and 1989 felony convictions for possession of a controlled substance as misdemeanors pursuant to Proposition 47, t...

In re Carlos H.  
Date: November 18, 2016
Docket Number: B268893

Justia Opinion Summary: The People filed a petition under Welfare and Institutions Code section 602, alleging that Carlos H. committed two counts of sexual battery against a female high school classmate. Prior to adjudication, the juvenile cour...

Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.
Date: November 18, 2016
Docket Number: C078491M
P. v. Rendon
Date: November 18, 2016
Docket Number: C079831M
People v. Colbert  
Date: November 18, 2016
Docket Number: H042499M

Justia Opinion Summary: Following his conviction on four felony counts of second degree burglary (Pen. Code 459, 460(b)), based on incidents that occurred in 1996-1997, Colbert was sentenced to 32 months in prison, consecutive to a six-year pri...

N.M. v. Superior Court  
Date: November 17, 2016
Docket Number: A149327

Justia Opinion Summary: Contra Costa County Children and Family Services filed petitions concerning P.W., then 12 years old, and his sister, M.W., 11, alleging Mother caused P.W. serious physical harm during an altercation and her untreated men...

People v. Selivanov  
Date: November 17, 2016
Docket Numbers: B252894, B255166

Justia Opinion Summary: Defendants Yevgeny “Eugene” Selivanov and Tatyana Berkovich were convicted of financial crimes stemming from their founding of a charter school, Ivy Academia. The court concluded that the trial court erred in making the...

Khosh v. Staples Construction
Date: November 17, 2016
Docket Number: B268937M
Armin v. Riverside Community Hospital  
Date: November 17, 2016
Docket Number: G052125

Justia Opinion Summary: This case presented two issues of first impression for the Court of Appeals’ review. The issues touched on the interaction between (a) hospital peer review proceedings against doctors governed by sections 805 to 809.7 of...

In re Z.G.  
Date: November 17, 2016
Docket Number: G053232

Justia Opinion Summary: All parties to this matter appealed a district court’s judgment. Orange County Social Services Department (SSA) sought to remove Z.G. and I.L. from their parents’ custody, C.G. (Mother) and H.L. (Father), after Children’...

Tanguilig v. Bloomingdale's, Inc.  
Date: November 16, 2016
Docket Number: A145283

Justia Opinion Summary: Tanguilig, a Bloomingdale’s employee, filed a representative action on behalf of herself and fellow employees pursuant to the Labor Code Private Attorneys General Act (PAGA) (Lab. Code 2698), alleging several Labor Code...

Capital Builders Hardware v. WCAB  
Date: November 16, 2016
Docket Number: B271987

Justia Opinion Summary: The applicant and real party in interest, Robert Goana, claimed industrial injury and filed a workers' compensation claim. Capital Builders, Goana's employer, objected to the admissibility of a medical report and request...

Thaxton v. California Personnel Bd.  
Date: November 16, 2016
Docket Number: D068563

Justia Opinion Summary: Plaintiff-respondent interest Kevyn Thaxton was employed as a corrections officer by appellant, the California Department of Corrections and Rehabilitation (CDCR). After being dismissed from his position, Thaxton filed a...

Marr. of Fregoso & Hernandez  
Date: November 16, 2016
Docket Number: D069614

Justia Opinion Summary: Appellant Luis Fregoso appealed the superior court's grant of a domestic violence restraining order sought by his spouse, Adriana Hernandez. He contended the court abused its discretion because after the court issued a t...

Soria v. Univision Radio Los Angeles  
Date: November 15, 2016
Docket Number: B263224

Justia Opinion Summary: Plaintiff, a former on-air radio personality for Univision, filed suit alleging disability discrimination, wrongful termination and related employment claims. The court concluded that the trial court erred in granting su...

In re Calvin S.  
Date: November 15, 2016
Docket Number: B265382

Justia Opinion Summary: Calvin S. was declared a ward of the court under Welfare and Institutions Code section 602 and committed to the DJF for a maximum term of 15 years four months after he committed assault with a firearm and assault with in...

Brookside Investments v. City of El Monte  
Date: November 15, 2016
Docket Number: B267081

Justia Opinion Summary: Brookside filed suit against the City alleging that the City Council's actions in proposing and advocating repeal of a 1990 ordinance - that prohibited the El Monte City Council from passing any form of mobilehome park r...

People v. Mendoza  
Date: November 15, 2016
Docket Number: B272222

Justia Opinion Summary: Defendant pleaded guilty to several offenses and admitted various allegations in case number 2011026481 (Case A) and case number 2011009143 (Case B). The trial court sentenced him to an aggregate determinate sentence of...

California v. Wilson  
Date: November 15, 2016
Docket Number: C078123

Justia Opinion Summary: While intoxicated, defendant Richard Wilson drove his car into a house, severely injuring his passenger, his brother. His brother suffered a concussion, an orbital fracture, a partially collapsed lung, bruising to the lu...

Lee v. West Kern Water Dist.  
Date: November 15, 2016
Docket Number: F070772

Justia Opinion Summary: Plaintiff, employed by the district, filed suit against the district and four coemployees for assault and intentional infliction of emotional distress after the coemployees staged a mock robbery with plaintiff as the vic...

California v. Garcia  
Date: November 15, 2016
Docket Number: G050268

Justia Opinion Summary: Defendant Chuncey Garcia was convicted of human trafficking and pimping a minor. The 14-year-old minor ran away from home and obtained a job at a strip club (claiming she was 19). It was at the club that the minor met de...

People v. Eslava  
Date: November 14, 2016
Docket Number: A142881

Justia Opinion Summary: In 2011, Eslava fatally stabbed his roommate in a San Francisco single room occupancy hotel. The court of appeal affirmed his conviction for voluntary manslaughter with a weapons use enhancement, but reversed Eslava‘s 1...

Southern California Gas Co. v. Flannery  
Date: November 14, 2016
Docket Number: B268298

Justia Opinion Summary: This case involves a judgment in an interpleader action initiated by Southern California Gas Company against various defendants. After remand, the Gas Co., Andrea L. Murray, and Scott Tepper each filed a motion seeking p...

People v. Valenzuela  
Date: November 14, 2016
Docket Number: B269027

Justia Opinion Summary: Defendant was convicted of grand theft after stealing a $200 bicycle and street terrorism. The crime of “street terrorism” requires, inter alia, that a person actively participate in criminal street gang activity and wil...

California v. Perkins  
Date: November 14, 2016
Docket Number: C072545

Justia Opinion Summary: Defendant Arthur Perkins appealed his convictions arising from the kidnapping and rape of a 17-year-old girl and the rape and sodomy of his 11-year-old former stepdaughter. He challenged: (1) his one-strike sentences on...

P. v. Lopez
Date: November 14, 2016
Docket Number: C078537M
In re Isaiah S.  
Date: November 10, 2016
Docket Number: D069928

Justia Opinion Summary: Amber G. appealed a juvenile court order terminating her parental rights and ordering a permanent plan of adoption for her son, Isaiah S. Amber argued on appeal that the juvenile court: (1) did not ensure the San Diego C...

California v. Doyle  
Date: November 10, 2016
Docket Number: E064557

Justia Opinion Summary: While driving under the influence of alcohol and drugs, defendant-appellant David Doyle swerved into oncoming traffic and hit Mark Norton (victim) who was riding a motor scooter. The victim died immediately. Defendant dr...

Dinslage v. City and County of San Francisco  
Date: November 9, 2016
Docket Number: A142365

Justia Opinion Summary: Beginning in 1972, Dinslage was employed by the San Francisco Recreation and Parks Department. As part of a large-scale restructuring, Dinslage‘s employment classification was eliminated in 2010. He was one of many emplo...

Perez v. City of Westminster  
Date: November 9, 2016
Docket Number: G050718

Justia Opinion Summary: Plaintiff-appellant Brian Perez, an officer with the Westminster Police Department, was given notice of intent to terminate his employment, based on an alleged lack of honesty and cooperation in the investigation of a cl...

People v. Colbert  
Date: November 9, 2016
Docket Number: H042499

Justia Opinion Summary: Following his conviction on four felony counts of second-degree burglary (Pen. Code 459, 460(b)) for crimes that occurred in 1996-97, Colbert was sentenced to a total term of two years eight months in prison, consecutive...

In re Anthony Q.  
Date: November 8, 2016
Docket Number: B267352

Justia Opinion Summary: The presumed father of 10-year-old Anthony Q. appeals the juvenile court's disposition order under Welfare and Institutions Code section 361, subdivision (c), removing Anthony from his physical custody. The juvenile cour...

East Sacramento Partnership v. City of Sacramento  
Date: November 7, 2016
Docket Number: C079614

Justia Opinion Summary: Real-Party-in-Interest Encore McKinley Village, LLC (Encore) proposed to construct the McKinley Village Project (the Project). The City of Sacramento certified the Project’s environmental impact report (EIR) and approved...

San Diegans etc. v. City of Oceanside
Date: November 7, 2016
Docket Number: D069561M
Tun v. Wells Fargo Dealer Services  
Date: November 7, 2016
Docket Number: D070447

Justia Opinion Summary: This case arose out of the purchase of a used 2007 BMW vehicle by plaintiff-appellant Michael Tun from defendant-respondent Plus West LA Corporation, dba CA Beemers (CA Beemers). Defendant-appellant Wells Fargo Dealer Se...

People v. Mary H.  
Date: November 7, 2016
Docket Number: F071282

Justia Opinion Summary: After defendant was taken into custody for psychiatric evaluation and treatment for up to 72 hours pursuant to Welfare and Institutions Code section 5150, she was released and banned from owning, possessing, controlling,...

People v. Martinez  
Date: November 7, 2016
Docket Number: H042889

Justia Opinion Summary: In 2000, defendant pleaded guilty to a felony, Penal Code 470(a), in that he, “with the intent to defraud, and knowingly without authority to do so, sign the name of another person and of a fictitious person, to [a] RECE...

In re: Guiomar  
Date: November 7, 2016
Docket Number: H043114

Justia Opinion Summary: Guiomar entered into a plea agreement that resulted in four convictions. The court imposed a six-year aggregate sentence: four years for robbery, a consecutive 16-month term for burglary, a consecutive eight-month term...

Department of Transportation v. Presidio Performing Arts Foundation  
Date: November 4, 2016
Docket Number: A145278

Justia Opinion Summary: The Foundation provides performing arts and social justice programs. Presidio Trust granted the Foundation a lease (through 2013) at below-market rates for Building 1158. The Foundation remodeled at a cost of over $300,...

Goonewardene v. ADP, LLC  
Date: November 4, 2016
Docket Number: B267010

Justia Opinion Summary: Plaintiff's fifth amended complaint alleged claims against defendants for wrongful termination, violations of the Labor Code, and related causes of action, including breach of contract, negligent misrepresentation, and n...

Strasner v. Touchstone Wireless Repair & Logistics  
Date: November 4, 2016
Docket Number: D068865

Justia Opinion Summary: Plaintiff-appellant M. Strasner sued out-of-state defendants Brightpoint, Inc., Brightpoint North America, LP, Touchstone Wireless Repair and Logistics, LP, and Touchstone Acquisition, LLC (collectively, Defendants) for...

Millview Co. Water Dist. v. State Water Resources Control Bd.
Date: November 3, 2016
Docket Number: A145428M
People v. Hannon  
Date: November 3, 2016
Docket Number: A145945

Justia Opinion Summary: Hannon, an attorney, represented Barber in litigation against the victim, Barber’s former domestic partner, Dr. Magno. In December 2006, the parties agreed that Barber would fund a college trust for their children. Bar...

Nickerson v. Stonebridge Life Insurance Co.  
Date: November 3, 2016
Docket Number: B234271A

Justia Opinion Summary: Plaintiff filed suit against Stonebridge, challenging the insurer’s partial denial of his claim for hospitalization benefits. The trial court ruled that a policy provision was unenforceable, entitling plaintiff to $31,50...

Estate of Dayan  
Date: November 3, 2016
Docket Number: B268416

Justia Opinion Summary: The testator, Margor Rachael Dayan, the mother of plaintiff and defendant, had an interest in commercial real property located in North Hollywood. Her will conveyed all her rights, title, and interests in the property to...

California v. Chavez  
Date: November 3, 2016
Docket Number: C074138

Justia Opinion Summary: Defendant Lorenzo Chavez plead no contest to charges that he offered to sell a controlled substance and then failed to appear. The trial court suspended imposition of sentence and placed defendant on probation for four y...

City of San Jose v. Sharma  
Date: November 3, 2016
Docket Number: C074539

Justia Opinion Summary: This appeal centered on who was entitled to real property tax increment revenue after the statutory dissolution of the San Jose Redevelopment Agency. The trial court held that tax increment revenue from a real property t...

California v. Guarneros  
Date: November 3, 2016
Docket Number: D067267

Justia Opinion Summary: Defendant Miguel Guarneros appeals from an order of the trial court denying his motion to reduce the restitution collection fee imposed on him in a criminal case. Guarneros ran a car dealership in Spring Valley, which wa...

In re M.Z.  
Date: November 3, 2016
Docket Number: D070365

Justia Opinion Summary: Mother and Miguel Z. had two children during their marriage, Minor 1 born in 2009, and Minor 2 born in 2010. Mother and Miguel Z. filed for divorce in 2014, but the divorce was never finalized. Miguel Z. said he separate...

ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd.  
Date: November 3, 2016
Docket Number: H040776

Justia Opinion Summary: ZF, a microchip company, sued NSC and obtained a $20 million settlement in 2004. Afterwards, venture capital firms that had invested in ZF, including TAT, successfully sued ZF for fraudulent transfer of the NSC settleme...

In re N.C.  
Date: November 2, 2016
Docket Number: A146637

Justia Opinion Summary: The Los Angeles County District Attorney filed two wardship petitions, alleging that appellant, age 17, committed misdemeanor disorderly conduct by soliciting or agreeing to engage in prostitution on two different dates....

People v. Chenelle  
Date: November 2, 2016
Docket Number: A147073

Justia Opinion Summary: T.P., age 28, has an IQ of 46, and functions at an elementary school child level or younger. Because of his cerebral palsy, he needs a wheelchair and has difficulty speaking. He suffers from urinary incontinence and nee...

People v. Asbury  
Date: November 2, 2016
Docket Numbers: B255953, B269063

Justia Opinion Summary: Defendant was convicted of murdering her former boyfriend. The court agreed with defendant that the trial court erred by refusing her request for a jury instruction on a heat of passion theory of voluntary manslaughter....

Cameron v. Sacramento Co. Employees' Retirement System  
Date: November 2, 2016
Docket Number: C077823

Justia Opinion Summary: Plaintiff-appellant Paul Cameron submitted his application for disability retirement on May 22, 2009, after the second of two injuries he sustained during his tenure as a Sacramento County employee. The SCERS staff refer...

In re T.M.  
Date: November 2, 2016
Docket Number: C081155

Justia Opinion Summary: In 2011, when the minor "T.M." was seven years old, his mother died and he began living with father. In 2015, an unknown reporter told social services the minor was afraid of his father, who had been punching him. The mi...

Marr. of Cassinelli  
Date: November 2, 2016
Docket Number: E063769

Justia Opinion Summary: In 1964, appellant Robert Cassinelli and respondent Janice Cassinelli were married; in 1986, they divorced. In the meantime, after 20 years of service, Robert had retired from the United States Air Force. In a stipulated...

P. v. Scott
Date: November 1, 2016
Docket Number: E060028M
Drexler v. Petersen  
Date: October 31, 2016
Docket Number: B259375

Justia Opinion Summary: Plaintiff filed a medical malpractice action against his primary care physician, neurologist, and their employer, alleging that he was misdiagnosed in regard to the cause of his headaches. The court held that, when the p...

City of Bakersfield v. West Park Home Owners Ass'n & Friends  
Date: October 31, 2016
Docket Number: F071869

Justia Opinion Summary: The City proposed to finance road improvement projects through a public benefit corporation and pay the debt from revenues held in special funds, and filed an action seeking validation of this finance plan under Governme...

Industrial Waste & Debris Box Service v. Murphy  
Date: October 28, 2016
Docket Number: A142388

Justia Opinion Summary: The California Integrated Waste Management Act obligated local agencies to enact comprehensive waste management plans that would eventually divert half of their trash from landfills, Pub. Res. Code, 41780(a)(1), (2), and...

P. v. Stamps
Date: October 28, 2016
Docket Number: A142424M
Drakes Bay Oyster Co. v. California Coastal Commission  
Date: October 28, 2016
Docket Number: A142820

Justia Opinion Summary: The Company purchased the assets of Johnson Oyster and assumed the operation of a 1,060-acre mariculture facility at Drakes Estero estuarial bays in Point Reyes National Seashore. The site is owned by the federal govern...

People v. Tatum  
Date: October 28, 2016
Docket Number: B258517

Justia Opinion Summary: Defendant was convicted of first degree murder and first degree attempted murder. The court concluded that the trial court abused its discretion when it denied defendant's motion for a mistrial. The court found this espe...

People v. Learnard  
Date: October 28, 2016
Docket Number: B260824

Justia Opinion Summary: Defendant was convicted of one count of assault with a deadly weapon and one count of simple battery. The court reversed the trial court’s determination that defendant's 2002 conviction for aggravated assault constituted...

Bigler-Engler v. Breg, Inc.  
Date: October 28, 2016
Docket Number: D063556

Justia Opinion Summary: This matter arose from Whitney Engler's use of a medical device, the Polar Care 500, that was manufactured by Breg, Inc. (Breg) and prescribed by David Chao, M.D. Engler suffered injuries as a result of her use of the Po...

California v. Lewis  
Date: October 28, 2016
Docket Number: D068584

Justia Opinion Summary: Appellant John Lewis sought post-conviction relief under Proposition 47 to recharacterize his grand theft felony conviction to a misdemeanor. Lewis argued on appeal that the standards outlined in subdivision (f) of Pena...

Walker v. Apple, Inc.  
Date: October 28, 2016
Docket Number: D069713

Justia Opinion Summary: Plaintiffs in this putative class action case, Stacey and Tyler Walker, appealed the trial court's order disqualifying their counsel, Hogue & Belong (the Firm), in this putative class action suit against their former emp...

In re: Marriage of Wilson  
Date: October 27, 2016
Docket Number: A140273

Justia Opinion Summary: Father married Mother in 1978. Minor was born in 1979. In 1981, Mother filed a petition for dissolution of the marriage. Father’s default was entered, and an interlocutory judgment of dissolution was entered. The fami...

People v. Evensen  
Date: October 27, 2016
Docket Number: A145162

Justia Opinion Summary: Using software tools known as RoundUp, police learned that an IP address, later determined to be assigned to Evensen’s mother, had downloaded child pornography, using peer-to-peer file-sharing networks. Evensen pleaded...

Anderson v. Fitness International, LLC  
Date: October 27, 2016
Docket Number: B258796

Justia Opinion Summary: Plaintiff appealed the trial court's grant of summary judgment to L.A. Fitness, contending that the trial court erred in striking the allegations in his complaint as to gross negligence, and it erred in granting summary...

Johnson v. Super. Ct.  
Date: October 27, 2016
Docket Number: B266421

Justia Opinion Summary: In 1997, Cleamon Johnson was convicted for the first-degree murders of Peyton Beroit and Donald Loggins, with multiple-murder special-circumstances findings as to both. For these murders, Johnson was sentenced to death....

S.P. v. F.G.
Date: October 27, 2016
Docket Number: B268249
S.P. v. F.G.  
Date: October 27, 2016
Docket Number: B268249A

Justia Opinion Summary: Petitioner-appellant S.P. (mother) and respondent F.G. (father) were parents to E.P. (child). Mother appealed the trial court's child support order requiring father to pay her $14,840 per month, as well as pay expenses r...

People v. Aguilar  
Date: October 27, 2016
Docket Number: B269709

Justia Opinion Summary: Defendant pled no contest to one count of felony vandalism and the trial court ordered him to pay restitution to the City of Los Angeles. Defendant contends that the restitution order must be vacated because it lacks a f...

California v. Lopez  
Date: October 27, 2016
Docket Number: C078537

Justia Opinion Summary: The State appealed a trial court's suppression order and subsequent dismissal of its prosecution of defendant Maria Elena Lopez on drug possession charges. Defendant was outside her car when a police officer, who watched...

California v. Rendon  
Date: October 27, 2016
Docket Number: C079831

Justia Opinion Summary: The trial court refused to reduce defendant Jillian Rendon’s felony conviction for forgery to a misdemeanor under Proposition 47 because the court concluded that while the counterfeit bills she possessed had a face value...

People v. Navarette  
Date: October 27, 2016
Docket Number: F069534

Justia Opinion Summary: Defendant was convicted of corporal injury on a cohabitant or coparent, false imprisonment, making criminal threats, attempting to dissuade a witness from testifying, and dissuading a witness from prosecuting a crime. De...

California v. Buford  
Date: October 27, 2016
Docket Number: F069936

Justia Opinion Summary: Defendant Victor Buford was serving a term of 25 years to life in prison for his conviction of a felony that was not violent (as defined by Pen. Code, sec. 667.5 (c)) or serious (as defined by Pen. Code, sec. 1192.7 (c))...

Nellie Gail etc. Assn. v. McMullin
Date: October 27, 2016
Docket Number: G051244
Contreras v. Dowling  
Date: October 26, 2016
Docket Number: A142646

Justia Opinion Summary: Contreras sued her landlords (Butterworth) and the Butterworths’ former attorneys based on their allegedly illegal entries into Contreras’s apartment. After attorney Dowling began representing the Butterworths, Contrera...

People v. Sotelo-Urena  
Date: October 26, 2016
Docket Number: A144021

Justia Opinion Summary: Sotelo-Urena, a homeless 31-year-old, had been stabbed several weeks earlier, when he was approached by Bloom near a homeless encampment in December 2013. Bloom appeared to be intoxicated and aggressive. The encounter en...

Millview County Water District v. State Water Resources Control Board  
Date: October 26, 2016
Docket Number: A145428

Justia Opinion Summary: In 2001, Millview County Water District began diverting substantial flows from the Russian River under a century-old water rights claim leased from Hill and Gomes. In 2009, Millview purchased the claim for $2.1 million,...

Taylor v. Department of Industrial Relations  
Date: October 26, 2016
Docket Number: A146148

Justia Opinion Summary: The Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE) imposed a $179,329.60 penalty, pursuant to Labor Code section 3722(b) against Taylor for failure to maintain workers’ compensation i...

In re D.H.  
Date: October 26, 2016
Docket Number: A147361

Justia Opinion Summary: The victim and her boyfriend’s eight-year-old son exited a bus in San Leandro. The boy then informed the victim that he had seen “a male,” later identified as 16-year-old D.H., “standing behind her on the bus and exposin...

Khosh v. Staples Construction Co.  
Date: October 26, 2016
Docket Number: B268937

Justia Opinion Summary: After plaintiff was injured while employed by Myers at the University, he filed suit against the general contractor, Staples, for negligence. The trial court granted Staples’s motion for summary judgment. The court concl...

People v. Lopez  
Date: October 25, 2016
Docket Numbers: B256146, B263639

Justia Opinion Summary: The People appeal postjudgment orders granting probation to Raul Alberto Lopez and Freddie Chacon after the trial court recalled their sentences pursuant to newly amended Penal Code section 1170, subdivision (d). Defenda...

Wolf Metals v. Rand Pacific Sales  
Date: October 25, 2016
Docket Number: B264002

Justia Opinion Summary: Wolf Metals filed suit against RPS for breach of contract. The trial court entered a default judgment for Wolf Metals, awarding $292,055.093 in damages, together with $70,400 in pre-judgment interest and $430.00 in costs...

People v. Padilla  
Date: October 25, 2016
Docket Number: B265614

Justia Opinion Summary: Defendant was convicted of murdering his mother and conspiracy to murder his stepfather. Defendant was sixteen years old at the time he committed the crimes and was sentenced to a term of life without the possibility of...

Agricultural Labor etc. Bd. v. Super. Ct.  
Date: October 25, 2016
Docket Number: C081373

Justia Opinion Summary: For some period of time before March 2015, the Agricultural Labor Relations Board had delegated plenary authority to seek injunctive relief under Labor Code section 1160.4 to general counsel. In March 2015, the board dec...

San Diegans for Open Government v. City of Oceanside  
Date: October 25, 2016
Docket Number: D069561

Justia Opinion Summary: The "Agreement Regarding Real Property (TOT)" (TOT Agreement) was an agreement between the City of Oceanside and S.D. Malkin Properties, Inc. For its part, Malkin agreed to develop, in two phases, a 360 room luxury hotel...

Pierson v. Helmerich & Payne International Drilling Co.  
Date: October 25, 2016
Docket Number: F070379

Justia Opinion Summary: This case stems from a traffic accident caused by an oil rig worker driving home after work and providing two other employees with a ride to their employer-paid hotel. Under the going and coming rule, employees traveling...

Humboldt County Adult Protective Services v. Superior Court  
Date: October 24, 2016
Docket Number: A145981

Justia Opinion Summary: Two weeks after Mr. Magney was hospitalized and while he was receiving palliative care, the course recommended by his treating physician (and by his prior treating physician and consulting cardiologist) and desired by bo...

Minnegren v. Nozar  
Date: October 24, 2016
Docket Number: B264219

Justia Opinion Summary: After a jury concluded that Joshua B. Nozar was not negligent in connection with a two-car collision in which Sassa Minnegren was injured, Minnegren appealed the judgment. Minnegren contends that the special verdict was...

D'Egidio v. City of Santa Clarita  
Date: October 24, 2016
Docket Number: B269095

Justia Opinion Summary: The Outdoor Advertising Act, Bus. & Prof. Code, 5200 et seq., regulates advertising displays adjacent to interstate or primary highways in California. Plaintiffs obtained an outdoor advertising permit from Caltrans and b...

People v. Wright  
Date: October 24, 2016
Docket Number: B269705

Justia Opinion Summary: Defendant challenges the trial court's finding that he is a sexually violent predator pursuant to Welf. & Inst. Code, 6600 et seq., and order of commitment to a state hospital for an indefinite term. The court agreed wit...

Alki Partners v. DB Fund Services  
Date: October 24, 2016
Docket Number: D068063

Justia Opinion Summary: After allegedly losing millions of dollars in a hedge fund, investors sued the fund's administrator for breach of contract, alleging the administrator failed to: (1) value the hedge fund's assets, (2) advise investors of...

Mealing v. Diane Harkey for Board of Equalization 2014  
Date: October 24, 2016
Docket Number: G050577

Justia Opinion Summary: Don Mealing, as Trustee of the Mealing Family Trust (Mealing), sought a judgment directing Diane Harkey for Board of Equalization 2014 (Campaign) to repay a loan Diane Harkey made to the Campaign, and to apply the procee...

In re Alexander P.  
Date: October 21, 2016
Docket Number: A146040A

Justia Opinion Summary: The minor, then three years old, became the subject of a dependency petition after his stepfather, Donald, assaulted his mother, in the minor’s presence. The minor’s paternity was the subject of separate family court pro...

Moore v. Mercer  
Date: October 21, 2016
Docket Number: C073064

Justia Opinion Summary: Defendant Richard Mercer admitted that he negligently collided with plaintiff Lillie Moore's car. The impact had major consequences for her health and lifestyle, and suffered chronic pain. At issue in this appeal was a q...

Goglin v. BMW of North America  
Date: October 21, 2016
Docket Number: D068442

Justia Opinion Summary: BMW of North America, LLC and GMG Motors, Inc., doing business as BMW of San Diego (BMW San Diego) appealed a judgment awarding Nancy Goglin over $185,000 in attorney fees and costs for successfully settling her claims u...

California v. Super. Ct.
Date: October 21, 2016
Docket Number: E061292A
P. v. Super. Ct.
Date: October 21, 2016
Docket Number: E061292O
California v. Super. Ct.  
Date: October 21, 2016
Docket Number: E061292P

Justia Opinion Summary: In 1996, Leonard Joseph Rangel was convicted of being a felon in possession of a firearm and of two misdemeanors. As a “third striker,” he was sentenced to an indeterminate term of 25 years to life in state prison. In 20...

California v. Johnson  
Date: October 21, 2016
Docket Number: E063172

Justia Opinion Summary: A jury convicted defendant-appellant William Johnson of gross vehicular manslaughter while intoxicated and hit and run with injury. The jury also found true two enhancement allegations; defendant fled the scene, and the...

California v. Cady  
Date: October 20, 2016
Docket Number: D068582

Justia Opinion Summary: William Cady drove his vehicle at an excessive and unsafe speed while intoxicated, resulting in an accident that killed three of his passengers and injured two others. A jury found Cady guilty of: (1) three counts of gro...

Soto v. Motel 6 Operating  
Date: October 20, 2016
Docket Number: D069403

Justia Opinion Summary: Lidia Soto sued her former employer, Motel 6 Operating, L.P., alleging Motel 6 violated Labor Code section 226, subdivision (a) by failing to include the monetary amount of accrued vacation pay in its employees' wage sta...

Huang v. The Bicycle Casino  
Date: October 19, 2016
Docket Number: B266350

Justia Opinion Summary: Plaintiff filed suit for negligence after she was injured boarding a shuttle bus provided by Bicycle Casino. Plaintiff alleged that Bicycle Casino was a common carrier and had a duty and responsibility to ensure the safe...

A.M. v. Ventura Unified School Dist.
Date: October 19, 2016
Docket Number: B266650M
People v. Mitchell  
Date: October 19, 2016
Docket Number: B269373

Justia Opinion Summary: Defendant was convicted of simple assault, assault with a deadly weapon, second degree robbery with personal use of a deadly weapon (scissors), battery on a peace officer, and criminal threats. Defendant admitted two pri...

Jamison v. Dept. of Transportation  
Date: October 19, 2016
Docket Number: C074880

Justia Opinion Summary: Plaintiff William O. Jamison owned large parcels of land near Sierraville in Sierra County, commonly referred to as Alpers Ranch. Plaintiff grazed cattle on the land for about seven months each year. The trial court enjo...

P. v. Windfield
Date: October 19, 2016
Docket Number: E055062M
People v. Reyes-Tornero  
Date: October 19, 2016
Docket Number: F069243

Justia Opinion Summary: Defendant was convicted of four counts of assault with a firearm, among other crimes. The jury found true allegations that defendant had inflicted great bodily injury (GBI) on Efren Cisneros specifically with respect to...

Robinson v. U-Haul Co. of Cal.  
Date: October 18, 2016
Docket Number: A141396

Justia Opinion Summary: Nearly ten years ago, U-Haul Co. of California (UHC) sued Robinson, one of UHC’s independent dealers, for breach of contract and unfair competition after he terminated their contract and began renting Budget trucks from...

California v. Sweeney  
Date: October 18, 2016
Docket Number: E064273

Justia Opinion Summary: Defendant Leo Sweeney was convicted of 10 felonies, all arising out of a take-over bank robbery, and sentenced to a total of 82 years to life in prison. He filed a petition to redesignate two of those felonies as misdeme...

Nava v. Saddleback Memorial Medical Center  
Date: October 18, 2016
Docket Number: G052218

Justia Opinion Summary: Manuel Nava was injured while a patient at Saddleback Memorial Medical Center (Saddleback). His injury occurred while he was being transported in the hospital on a gurney. Nava filed suit against Saddleback, and an ambul...

Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.  
Date: October 17, 2016
Docket Number: C078491

Justia Opinion Summary: This case presented an issue of statutory interpretation of the scope of the geographic restrictions of the Charter Schools Act of 1992, as amended by the Legislature in 2002. Specifically, the issue was whether the comp...

City of San Diego v. San Diegans for Open Government
Date: October 17, 2016
Docket Number: D068939M
Nguyen v. Applied Medical Resources Corp.  
Date: October 17, 2016
Docket Number: G052207

Justia Opinion Summary: Plaintiff Da Loc Nguyen appealed a trial court's order granting the motion of his former employer, defendant Applied Medical Resources Corporation, to compel arbitration based on an arbitration clause contained in his em...

In re W.C.  
Date: October 14, 2016
Docket Number: A148265

Justia Opinion Summary: W.C. was born in Guatemala in 1997. He lived with his grandparents because his mother was dead and his father missing. W.C. left Guatemala because of threats to his safety and came to the U.S. alone, in 2014. At the bord...

In re Marriage of Nassimi
Date: October 14, 2016
Docket Number: B259704M
Wal Mart Stores v. United Food & Commercial Workers  
Date: October 14, 2016
Docket Number: B259926A

Justia Opinion Summary: After the trial court issued a permanent injunction barring the union from conducting demonstrations inside stores owned by Walmart, the union appealed. The union asserts that the National Labor Relations Act (NLRA), 29...

CA Public Records Research v. Co. of Yolo  
Date: October 14, 2016
Docket Number: C078158

Justia Opinion Summary: In September 2012, appellant California Public Records Research, Inc. (CPRR) filed a petition for writ of mandate and complaint challenging fees charged for copies of official records by the Yolo County Clerk Recorder’s...

Union of Med. Marijuana Patients v. City of San Diego  
Date: October 14, 2016
Docket Number: D068185

Justia Opinion Summary: Union of Medical Marijuana Patients, Inc. (UMMP) appealed a trial court judgment denying its petition for writ of mandate, which challenged the City of San Diego's enactment of an ordinance adopting regulations for the e...

In re R.L.  
Date: October 14, 2016
Docket Number: D069729

Justia Opinion Summary: Cynthia C. and Gerardo L. appealed the termination of their parental rights to their daughter, R. L. Gerardo contended the jurisdictional and dispositional findings and orders, and all subsequent orders, had to be revers...

T-Mobile v. City and Co. San Francisco
Date: October 13, 2016
Docket Number: A144252M
Bldg. Indus. Ass'n of the Bay Area v. City of San Ramon  
Date: October 13, 2016
Docket Number: A145575

Justia Opinion Summary: A developer sought approval from the City of San Ramon to build 48 townhouses on two parcels. Because an analysis showed that the cost to the city of providing services to the new development would exceed the revenue gen...

State of Cal. v. Super. Ct.  
Date: October 13, 2016
Docket Number: B276233

Justia Opinion Summary: The State seeks extraordinary writ relief to compel respondent court to vacate its order directing the State to produce unredacted records containing information derived from CHP 180 forms in the possession of the Califo...

Wang v. Nibbelink  
Date: October 13, 2016
Docket Number: C073871

Justia Opinion Summary: A horse ran away from a meadow owned by defendants Gregory Nibbelink, Bevlee Nibbelink, Gary D. Nibbelink, Linda A. Nibbelink, Robert G. Goulding, Diane K. Goulding, and Nibbelink Revocable Family Trust (meadow landowner...

United Auburn Indian Community of Auburn Rancheria v. Brown  
Date: October 13, 2016
Docket Number: C075126

Justia Opinion Summary: In 2002 the Enterprise Rancheria of Maidu Indians of California (Enterprise Tribe) submitted a request to the United States Department of the Interior (Department) to acquire a site in Yuba County for the purpose of esta...

California v. Boswell  
Date: October 13, 2016
Docket Number: D067946

Justia Opinion Summary: Defendant-appellant Jeff Boswell was found guilty by jury of murdering Blanche Griffin while engaged in the commission or attempted commission of a robbery and burglary, and burglary of an inhabited dwelling. The jury al...

A.M. v. Ventura Unified Sch. Dist.  
Date: October 12, 2016
Docket Number: B266650

Justia Opinion Summary: Plaintiff, as guardian ad litem to her minor daughter, filed suit against the District and others, alleging that defendants negligently allowed male students to sexually abuse her while at school. The trial court granted...

Gotek Energy, Inc., v. SoCal IP Law Grp.  
Date: October 12, 2016
Docket Number: B266681

Justia Opinion Summary: GoTek, the client, appealed the judgment in a legal malpractice action entered in favor of SoCal (firm one), as well as the postjudgment order awarding firm one attorney fees. Firm one was client's patent counsel. After...

City of Tracy v. Cohen
Date: October 12, 2016
Docket Number: C077440M
California v. Scott  
Date: October 12, 2016
Docket Number: E060028A

Justia Opinion Summary: Defendant-appellant Javante Scott appealed after the trial court, at a resentencing hearing, imposed the same 120-years-to-life term as at his original sentencing. Defendant was a minor at the time he committed his crime...

California v. Booth  
Date: October 12, 2016
Docket Number: G047986

Justia Opinion Summary: This case arose out of a deadly shooting that took place in 1992. Several suspects were identified in the wake of the shooting, but the case was not prosecuted until 2011. By that time, an eyewitness who had exonerated p...

Plaintiff v. Defendant  
Date: October 12, 2016
Docket Number: G053068

Justia Opinion Summary: Defendants Eric Schrier, Frank Frederick, and Angela Martinez had been employed in various capacities by plaintiff SG Homecare, Inc. before abruptly leaving to start a competing firm, defendant Verio Healthcare, Inc. SG...

In re Brigham
Date: October 7, 2016
Docket Number: A144572M
Covarrubias v. Cohen  
Date: October 7, 2016
Docket Number: C078237

Justia Opinion Summary: Nominal plaintiffs Claudia Covarrubias, Veronica Alvarado, Rebecca Rivas, and Lucila Gomez sued Michael Cohen, in his capacity as the Director of the Department of Finance (the Department), in order to compel the Departm...

Nicodemus v. St. Francis  
Date: October 6, 2016
Docket Number: A141500

Justia Opinion Summary: Evidence Code 1158 requires medical providers to produce records demanded by patients before litigation and authorizes the requesting attorney to employ a photocopier to obtain the records. Reasonable costs may be char...

LSREF2 Clover Property 4 v. Festival Retail Fund 1
Date: October 6, 2016
Docket Number: B259937M
People v. Reyes  
Date: October 6, 2016
Docket Numbers: B268282, B276919

Justia Opinion Summary: Defendant was charged in case No. NA098956 with second degree commercial burglary committed on April 22, 2014, in violation of Penal Code section 459. After the information was amended to deem the burglary a misdemeanor...

Hjelm v. Prometheus Real Estate Grp., Inc.  
Date: October 5, 2016
Docket Number: A142723

Justia Opinion Summary: In 2011, the Hjelms leased an apartment in a large San Mateo complex from Prometheus. They signed the 24-page lease while still living in another state and without any negotiation. The lease had three one-sided provisio...

People v. Pak  
Date: October 5, 2016
Docket Number: B266718

Justia Opinion Summary: Defendant pleaded nolo contendere to one count of residential burglary, two counts of check forgery, two counts of commercial burglary, and one count of theft of access card information. At issue is the question of which...

California v. Nachbar  
Date: October 5, 2016
Docket Number: D068135

Justia Opinion Summary: Defendant Steven Nachbar pled guilty to one count of unlawful sexual intercourse with a minor more than three years younger. The court placed him on formal probation and required him to register as a sex offender. Defend...

California v. Accredited Surety  
Date: October 5, 2016
Docket Number: D068515

Justia Opinion Summary: Accredited Surety posted a $25,000 bail bond for the release of Jose Estrada, who had been charged with several felony offenses. Estrada failed to appear for arraignment, and the trial court ordered the bond forfeited. A...

People v. VonWahlde  
Date: October 5, 2016
Docket Number: F069946

Justia Opinion Summary: Defendant was convicted in Fresno County Superior Court of assault with a deadly weapon and was subsequently released on parole. Defendant then pled no contest, pursuant to a plea agreement, to running a chop shop operat...

Moran v. Prime Healthcare  
Date: October 5, 2016
Docket Number: G051391

Justia Opinion Summary: A person who pays for a trip to the emergency room out-of-pocket can be charged significantly more for care than a person who has insurance. This case centered on whether a person could maintain an action challenging thi...

People v. Forney  
Date: October 4, 2016
Docket Number: A144450

Justia Opinion Summary: Forney entered a no contest plea to unlawful oral copulation (Pen. Code 288a(b)(2)) and unlawful sexual intercourse (261.5(d)). In accordance with the terms of a negotiated disposition, the trial court suspended imposit...

LSREF2 Clover Property 4 v. Festival Retail Fund 1  
Date: October 4, 2016
Docket Number: B259937

Justia Opinion Summary: Festival Fund guaranteed a loan made to an affiliate in connection with the purchase of a retail property. After default on the loan and a nonjudicial foreclosure, Clover sought to enforce the guaranty. The trial court c...

Markow v. Rosner  
Date: October 4, 2016
Docket Number: B260715

Justia Opinion Summary: Plaintiff and his wife filed suit against plaintiff's pain management physician, Howard L. Rosner, M.D., and Cedars for professional negligence and loss of consortium. Rosner's treatment rendered plaintiff a quadriplegic...

In re Julien H.  
Date: October 4, 2016
Docket Number: B267953

Justia Opinion Summary: Father appeals from a dispositional order relating to Father made pursuant to Welfare and Institutions Code section 361, subdivision (c)(1), contending that section 361, subdivision (c)(1) applies only to a parent with w...

P. v. Varner
Date: October 4, 2016
Docket Number: E063389M
Citizens for Ceres v. City of Ceres
Date: October 4, 2016
Docket Number: F070988M
In re Logan B.  
Date: October 3, 2016
Docket Number: B270252

Justia Opinion Summary: Mother and Father appealed the trial court's order terminating their parental rights under Welfare and Institutions Code section 366.26. The court concluded that the trial court correctly decided that Mother was required...

P. v. Cornejo
Date: October 3, 2016
Docket Number: C072053M
In re Marriage of Cohen  
Date: October 3, 2016
Docket Number: G052058

Justia Opinion Summary: A very high wage-earner making $1.9 million during the marriage agreed to a stipulated divorce judgment providing for above-guideline child and spousal support. In this appeal of the denial of the high earner's post-judg...

People v. Stamps  
Date: September 30, 2016
Docket Number: A142424

Justia Opinion Summary: On four occasions in October-December 2012, Stamps was pulled over by the Pittsburg police because her car did not display a license plate. Each time, she and her car were searched, and on each occasion drugs were disco...

In re Jonathan R.  
Date: September 30, 2016
Docket Number: A145238

Justia Opinion Summary: The minor stabbed another young man in the abdomen during a brawl, using a folding pocket knife. The resulting injury required a five-day hospital stay. The minor was charged under Penal Code section 245(a)(1), assault...

In re Michael S.  
Date: September 30, 2016
Docket Number: B269598

Justia Opinion Summary: Father appealed the juvenile court's order removing his son, Michael, from his custody. Father argues that the governing statute, Welfare and Institutions Code section 361, subdivision (c)(1), does not permit removal fro...

In re Gabriel T.  
Date: September 30, 2016
Docket Number: F073030

Justia Opinion Summary: Minor admitted a violation of grand theft from the person of another, with a stipulated restitution of $20. Minor was ordered to the Correctional Academy for 12 months, consisting of six months of confinement and six mon...

P. v. Blackwell
Date: September 29, 2016
Docket Number: A144424M
M.C. v. Superior Court  
Date: September 29, 2016
Docket Number: A148627

Justia Opinion Summary: The Del Norte County Department of Health and Human Services received a referral after police searched Mother’s residence and found mushrooms, meth pipes, marijuana paraphernalia, concentrated cannabis, brass knuckles an...

Wertheim LLC v. Omidvar  
Date: September 29, 2016
Docket Number: B262485

Justia Opinion Summary: Currency loaned money at high interest rates to elderly artists who owned rights to receive royalty payments from music rights management companies. Wertheim persuaded artists to assign their royalty rights and any cause...

People v. Bell  
Date: September 29, 2016
Docket Number: B263022

Justia Opinion Summary: Defendant was convicted of multiple acts, including robbery, rape, and assault with a firearm that occurred when he was 14 years old. On appeal, he contends that his parole eligibility date at age 55 violates the equal p...

Kalnel Gardens v. City of L.A.  
Date: September 29, 2016
Docket Number: B264434

Justia Opinion Summary: In 2013, City of Los Angeles planning officials approved Kalnel’s proposed project to tear down a two-story, three-unit apartment building in the Venice area. After the City decided to halt the project, Kalnel petitioned...

People v. Hallam  
Date: September 29, 2016
Docket Number: B266185

Justia Opinion Summary: Defendant appealed the denial of his petition for resentencing/application to redesignate his felony conviction for second degree burglary as misdemeanor shoplifting pursuant to Proposition 47, the Safe Neighborhoods and...

Licudine v. Cedars-Sinai Med. Ctr.  
Date: September 29, 2016
Docket Number: B268130

Justia Opinion Summary: After plaintiff suffered injury during a gallbladder surgery that will have lifelong repercussions, she filed suit for malpractice, and sought damages for the resulting diminution in her earning capacity. The court held...

Doe v. Super. Ct.  
Date: September 29, 2016
Docket Number: B271508

Justia Opinion Summary: In the underlying action, petitioner filed a complaint against real party in interest Poulet Nikolay, alleging that Nikolay violated Civil Code section 1708.85 by distributing, and threatening to distribute to petitioner...

City of Tracy v. Cohen  
Date: September 29, 2016
Docket Number: C077440

Justia Opinion Summary: The City of Tracy brought this action as the successor agency to its former redevelopment agency (and also in its own right) against Michael Cohen as director of the Department of Finance (the Department) to challenge ad...

Hall v. Super. Ct.  
Date: September 29, 2016
Docket Number: D068516

Justia Opinion Summary: The Department of Motor Vehicles (DMV) revoked Branden Lee Hall's driver's license because, after being arrested for driving under the influence, he refused to submit to a chemical test for blood alcohol content. Hall fi...

People v. Perez  
Date: September 29, 2016
Docket Number: F069020

Justia Opinion Summary: After defendant was convicted of assault with force likely to produce great bodily harm, he was sentenced to two years plus 25 years to life in prison. The jury found that defendant had two prior strike convictions and s...

Coe v. City of San Diego  
Date: September 28, 2016
Docket Number: D068814

Justia Opinion Summary: Suzanne Coe appealed a judgment denying her petition for writ of administrative mandate challenging a decision by the City of San Diego to revoke her nude entertainment business permit. She argued: (1) certain sections o...

California v. Windfield  
Date: September 28, 2016
Docket Number: E055062A

Justia Opinion Summary: A jury convicted Harquan Johnson and KeAndre Windfield of first degree murder, during which they personally used and intentionally discharged a firearm causing death, and a principal personally discharged a firearm causi...

Marriage of Chapman  
Date: September 27, 2016
Docket Number: C079615

Justia Opinion Summary: The issue this case presented for the Court of Appeals' review was whether one spouse’s unilateral election (after a settlement agreement and judgment of dissolution) to change from one type of military benefit (retireme...

California v. Davis  
Date: September 27, 2016
Docket Number: C080545

Justia Opinion Summary: In February 2014, a jury found defendant Kenneth Davis guilty of two 2010 misdemeanors, diverting the natural course of a stream and petty theft (of water). It also found him guilty of a trespass injuring wood or timber...

People v. Connors  
Date: September 27, 2016
Docket Number: H042385

Justia Opinion Summary: Connors was on probation for a sex offender registration violation. One of the conditions of his probation barred him from associating with probationers. He associated with a probationer, and the court found him in vio...

People v. Nassetta  
Date: September 26, 2016
Docket Number: A144049

Justia Opinion Summary: A search of Nassetta‘s truck revealed multiple containers of substances that Nassetta identified as cocaine, methamphetamine, and hash wax; drug use paraphernalia; a notebook containing amounts owed or paid; and a semiau...

In re Marriage of Nassimi  
Date: September 26, 2016
Docket Number: B259704

Justia Opinion Summary: Shary Nassimi, formerly married to Esther Nassimi, contends that the trial court erred in concluding that he, alone, was financially responsible for defending and settling a claim brought by a third party seeking, among...

616 Croft Ave., LLC v. City of West Hollywood  
Date: September 23, 2016
Docket Number: B266660

Justia Opinion Summary: Croft appealed the superior court's order denying their petition for a writ of mandamus to compel the City to return fees it collected when Croft applied for building permits. As an initial matter, the court concluded th...

People v. Sauceda  
Date: September 23, 2016
Docket Number: F071531

Justia Opinion Summary: Defendant appealed the denial of his petition for resentencing under Proposition 47, Penal Code 1170.18, for his prior conviction of theft and unlawful driving or taking of a vehicle, Veh. Code, 10851, subd. (a). The cou...

Celia S. v. Hugo H.  
Date: September 23, 2016
Docket Number: G052124

Justia Opinion Summary: The trial court found respondent Hugo H. committed an act of domestic violence against appellant Celia S., and therefore awarded her sole legal and physical custody of the couple’s two children because Hugo presented no...

Dang v. Maruichi American Corp.  
Date: September 22, 2016
Docket Number: B269005

Justia Opinion Summary: Plaintiff filed suit against his former employer, Maruichi, for wrongful termination in violation of public policy. Plaintiff claimed that Maruichi discharged him for engaging in concerted activity relating to unionizing...

City of San Diego v. San Diegans for Open Government  
Date: September 22, 2016
Docket Numbers: D068939, D069890

Justia Opinion Summary: San Diegans For Open Government (SDOG), represented by Briggs Law Corporation (BLC), filed a verified answer in response to the City of San Diego's (City) complaint in a validation action regarding the City's plan to lev...

Regalado v. Callaghan  
Date: September 22, 2016
Docket Number: D069647

Justia Opinion Summary: Jeffrey Callaghan hired Dunn's Designer Pools (Dunn's), a landscape and pool contractor, to build a pool and spa at his home. Victor Regalado, a Dunn's employee, suffered injuries when he installed a propane fueled pool...

P. v. Perez
Date: September 22, 2016
Docket Number: G050927
In re J.E.  
Date: September 21, 2016
Docket Number: A147724

Justia Opinion Summary: A 14-year-old ran away from her mother’s home. Mother asked that she be taken into the custody of Child Protective Services, stating a need for therapy for herself, minor, and her younger daughter. The court ordered reun...

California v. Huerta  
Date: September 21, 2016
Docket Number: E065365

Justia Opinion Summary: The State appealed a trial court's order granting defendant Julia Huerta's Proposition 47 petition to re-designate a prior felony conviction to a misdemeanor. Huerta pled guilty to one felony count of second degree comme...

Esparza v. Kaweah Delta Dist. Hosp.  
Date: September 21, 2016
Docket Number: F071761

Justia Opinion Summary: In Perez v. Golden Empire Transit Dist., the court held that a plaintiff may allege compliance with the claims presentation requirement in the Government Claims Act, Gov. Code 910 et seq., by including a general allegati...

In re J.G.  
Date: September 20, 2016
Docket Number: A147463

Justia Opinion Summary: Defendant, 17 years old, committed a residential burglary. Defendant entered the youth rehabilitation center in April 2011 and was granted early release in September 2011, with good reports. A December 2011 review heari...

Mills v. AAA Northern CA, NV and Utah Ins. Exch.  
Date: September 20, 2016
Docket Number: C072644

Justia Opinion Summary: Defendant insurance company denied uninsured motorist coverage to a third party beneficiary injured in an automobile accident because it had cancelled the policy before the accident occurred. The third party sued, and th...

San Francisco Apartment Ass'n v. City & Cnty.. of San Francisco  
Date: September 19, 2016
Docket Number: A144702

Justia Opinion Summary: Plaintiffs (landlords), challenged San Francisco Planning Code 317(e)(4) as conflicting with the Ellis Act of 1985, Government Code section 7060, which protects property owners’ right to exit the residential rental busin...

People v. White  
Date: September 19, 2016
Docket Number: B267529

Justia Opinion Summary: Defendant was found to be a Sexually Violent Predator (SVP) under the Sexually Violent Predator Act (SVPA), Welf. & Inst. Code, 6600, et seq. At issue is whether defendant’s various mental conditions, including frotteuri...

People v. Woods  
Date: September 19, 2016
Docket Number: B269253

Justia Opinion Summary: Defendant was declared a Mental Disordered Offender (MDO) pursuant to the Mentally Disordered Offender Act, Pen. Code 2962, subd. (e)(2)(A)-(Q), based on his conviction of resisting an executive officer, an offense not s...

In re Korbin Z.  
Date: September 19, 2016
Docket Number: B269429

Justia Opinion Summary: Father appealed the juvenile court's order on his petition under Welf. & Inst. Code 388 giving his minor son sole discretion whether Father will have visits with him. The court concluded that where, as here, the juvenile...

In re Ilasa  
Date: September 19, 2016
Docket Number: D069629

Justia Opinion Summary: The Court of Appeal issued an order to show cause in response to William Ilasa's petition based on his allegations that he was denied due process of law when, at the conclusion of a prison-reduction procedure developed p...

Jorge v. Culinary Inst. of Am.  
Date: September 16, 2016
Docket Number: A143545

Justia Opinion Summary: Jorge sustained injuries when he was struck by a car driven by Da Fonseca, a chef instructor employed by the Culinary Institute. Despite that Da Fonseca had finished his shift at the Culinary Institute and was driving ho...

Perez v. U-Haul Co. of CA  
Date: September 16, 2016
Docket Number: B262029

Justia Opinion Summary: Plaintiffs were hired by U-Haul as customer service representatives and, as a condition of their employment, they signed a mandatory arbitration agreement. Plaintiffs filed a representative action under the Private Attor...

Randall v. Mousseau
Date: September 16, 2016
Docket Number: B263945M
Rothstein v. Super. Ct.  
Date: September 16, 2016
Docket Number: B275603

Justia Opinion Summary: Peymaneh Rothstein and Mark Rothstein instituted proceedings in January 2014 to dissolve their marriage. Judge Byrd made findings and orders in the Family Law Case and entered a judgment upon stipulation of the parties t...

T-Mobile W., LLC v. City & Cnty. of. San Francisco  
Date: September 15, 2016
Docket Number: A144252

Justia Opinion Summary: Plaintiffs, “telephone corporations” require installation of wireless facilities, including antennas, transmitters, and power supplies, on existing utility poles in the city’s rights-of-way. In 2011, San Francisco ado...

People ex rel. Allstate Ins. Co. v. Dahan  
Date: September 15, 2016
Docket Number: B259799

Justia Opinion Summary: Allstate filed a qui tam action on behalf of itself and the State against defendants under the California Insurance Frauds Prevention Act, Insurance Code 1871.7. Following entry of the qui tam judgment, Allstate began ef...

California v. Varner  
Date: September 15, 2016
Docket Number: E063389

Justia Opinion Summary: In July 2014, prior to the passage of Proposition 47, defendant-appellant James Varner entered a guilty plea to a felony violation of receiving stolen property, specifically a 1986 Yamaha M300 motorcycle. Defendant filed...

In re: Brigham  
Date: September 14, 2016
Docket Number: A144572

Justia Opinion Summary: Petitioner was convicted in 1987 of first-degree murder as an aider and abettor in a “mistaken identity” shooting. A jury convicted petitioner of first degree murder, but found that he did not personally use a firearm or...

Freitas v. Shiomoto  
Date: September 14, 2016
Docket Number: F071533

Justia Opinion Summary: Plaintiff challenges the trial court’s denial of his petition for a writ of mandate to overturn a hearing officer’s decision to suspend plaintiff's license after he violated Vehicle Code section 13353.2 by driving with a...

California v. Cortez  
Date: September 14, 2016
Docket Number: G052158

Justia Opinion Summary: In July 2012, defendant Richard Cortez plead guilty to one felony count of possessing methamphetamine, one misdemeanor count of possessing drug paraphernalia, and one misdemeanor count of being under the influence of met...

In re A.F.  
Date: September 13, 2016
Docket Number: C079918

Justia Opinion Summary: Mother and father shared custody of eight-year-old minor A.F. Both parents had a history of heroin addiction and both were on a methadone opiate replacement program. Carrie F., A.F.'s mother, appealed the juvenile court'...

Mendez v. Rancho Valencia Resort Partners  
Date: September 13, 2016
Docket Number: D067899

Justia Opinion Summary: The case arose out of a dispute over the reasonableness of the level of noise generated during outdoor festivities held at the Rancho Valencia Resort (the Resort). Plaintiffs, who shared a property line with the Resort,...

In re Michael V.  
Date: September 12, 2016
Docket Number: B268149

Justia Opinion Summary: Mother appeals the juvenile court's order terminating her parental rights to Alissa and K.C., and identifying adoption as the permanent plan for her two daughters. The court concluded that the Department did not adequate...

Citizens for Ceres v. City of Ceres  
Date: September 12, 2016
Docket Numbers: F070988, F071600

Justia Opinion Summary: Citizens petitioned for a writ of mandate pursuant to the California Environmental Quality Act, Pub. Resources Code, 21000 et seq., alleging several defects in the environmental documents the city certified when it appro...

CA Building Ind. Assn. v. Bay Area Air Quality Management Dist.
Date: September 9, 2016
Docket Number: A135335M
Cal. Public Utilities Com. v. Super. Ct.
Date: September 9, 2016
Docket Number: A147570M
Penilla v. Westmont Corp.  
Date: September 9, 2016
Docket Number: B262097

Justia Opinion Summary: Plaintiffs, primarily low-income mobile home owners who rent the land owned by Westmont, filed suit against Westmont and others (collectively, appellants) alleging contract, tort and statutory causes of action. Appellant...

People v. Sibrian  
Date: September 7, 2016
Docket Number: A143369

Justia Opinion Summary: Shortly after 1:00 a.m. on October 21, 2013, Sheriff’s Sergeant Buford observed the defendant commit various traffic violations. As Buford turned on the flashing lights of his patrol car to initiate a traffic stop, defen...

People v. Holm  
Date: September 7, 2016
Docket Number: A143873

Justia Opinion Summary: Defendant pleaded no contest to second-degree burglary of the Santa Rosa Country Club, a felony, and to impersonation, a misdemeanor. The next year, defendant filed a Proposition 47 petition for resentencing under Penal...

People v. Blackwell  
Date: September 7, 2016
Docket Number: A144424

Justia Opinion Summary: In 2007, Blackwell, then 17 years old, committed a burglary and attempted robbery with an accomplice and shot and killed Carreno in the course of those offenses. The district attorney elected to directly file the case in...

Suarez v. Trigg Labs.  
Date: September 7, 2016
Docket Number: B264511

Justia Opinion Summary: Plaintiff filed suit against Trigg seeking rescission of the settlement agreement in Suarez I based on Trigg’s fraudulent concealment of the prospects for sale of the company, and quantum meruit. Trigg filed a special mo...

Lucioni v. Bank of America  
Date: September 7, 2016
Docket Number: B265722

Justia Opinion Summary: Plaintiff, a borrower of a home loan, filed suit against lending banks, seeking an injunction to prevent a foreclosure. The trial court sustained the lenders’ demurrers and entered a judgment of dismissal. The court held...

California v. Cornejo  
Date: September 6, 2016
Docket Number: C072053B

Justia Opinion Summary: Deandre Ellison was shot to death as he drove into his driveway in the Del Paso Heights neighborhood of Sacramento. Four other men, including Latrele Neal, were also in Ellison’s car. Before the car came to a stop in the...

Adoption of Reed H.  
Date: September 6, 2016
Docket Number: C081426

Justia Opinion Summary: Marcos J., biological father of two-year-old Reed H., appealed orders dispensing with his consent to adoption and terminating his parental rights. Adoptive parents K.M. and E.M., filed a motion to dismiss the appeal as u...

Hott v. College of the Sequoias Cmty. Coll. Dist.  
Date: September 6, 2016
Docket Number: F070802

Justia Opinion Summary: Plaintiff, a former COS administrator, filed suit for declaratory relief against COS, alleging that COS placed her in the wrong “step” on the faculty academic salary schedule because it should have given her full credit...

Pratt v. Ferguson  
Date: September 6, 2016
Docket Number: G052385

Justia Opinion Summary: David Pratt obtained court orders requiring his ex-wife, Cynthia Vedder, to pay child support and expenses. Vedder was the beneficiary of a trust established by her grandparents. Pratt filed a petition to compel Robert F...

Minick v. City of Petaluma  
Date: September 2, 2016
Docket Number: A143187

Justia Opinion Summary: Riding in a non-competitive charity bicycling event, Minick fell while descending a hill in Petaluma. Erwin, riding behind Minick, saw him lose control of his bicycle after hitting a large pothole. Minick exhausted his a...

Local TV v. Super. Ct.  
Date: September 2, 2016
Docket Number: B271883

Justia Opinion Summary: Kurt Knutsson is a technology reporter who created “Kurt the CyberGuy” video segments for use on television news programs and station websites. Knutsson and his company, Woojivas, Inc., entered into a written agreement w...

Hopkins v. Super. Ct.  
Date: September 1, 2016
Docket Number: B270503

Justia Opinion Summary: Petitioner was charged with misdemeanor counts of driving under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a), and driving while having 0.08 percent or more, by weight, of alcohol i...

Coastal Hills Rural Pres. v. County of Sonoma  
Date: August 31, 2016
Docket Number: A145573

Justia Opinion Summary: In 1975, TNMC purchased property in Cazadero, for use as a monastery and retreat center, including the printing of sacred Buddhist texts in the Tibetan language for shipment to Asia and free distribution to Buddhist prac...

Cal. Pub. Utils. Comm'n v. Superior Court  
Date: August 31, 2016
Docket Number: A147570

Justia Opinion Summary: Aguirre sought injunctive and declaratory relief against the California Public Utilities Commission (CPUC) for failing to comply with the Public Records Act (PRA), Government Code sections 6250-6276.48 The complaint all...

People v. Ochoa  
Date: August 31, 2016
Docket Number: B264450

Justia Opinion Summary: Defendant was found guilty of premeditated and deliberate attempted murder (count 1) and attempted extortion (count 2). The court concluded that the evidence does not support defendant's conviction of attempted extortion...

Vishva Dev, M.D., Inc. v. Blue Shield of Cal.  
Date: August 31, 2016
Docket Number: B270094

Justia Opinion Summary: After Blue Shield Life and Blue Shield California refused to pay or agreed to pay only a fraction of the medical bills at issue, plaintiff filed suit alleging breach of contract and quantum meruit. The trial court grante...

Galzinski v. Somers  
Date: August 31, 2016
Docket Number: C079513

Justia Opinion Summary: In February 2011, plaintiff Harald Mark Galzinski filed a citizen’s complaint to the Sacramento Police Department against three of the department’s officers related to the taking of biological samples from him following...

California v. Adelmann  
Date: August 31, 2016
Docket Number: E064099

Justia Opinion Summary: In 2012, defendant was charged in the County of San Diego with driving under the influence and for possession of cocaine and oxycodone. Defendant pleaded guilty to both counts. After defendant was sentenced to probation...

People v. Cruz  
Date: August 31, 2016
Docket Number: F069940

Justia Opinion Summary: Defendant was convicted of three counts of committing a lewd act against a child under age 14 and sentenced to 105 years to life in prison. The court agreed with defendant that the jury was given an erroneous instruction...

Bay Area Clean Env't, Inc. v. Santa Clara Co  
Date: August 31, 2016
Docket Number: H040789

Justia Opinion Summary: The Permanente Quarry is a 3,510-acre surface mining operation, producing limestone and aggregate for the manufacture of cement, in unincorporated Santa Clara County. The Quarry has been in existence since 1903. The Sant...

In re C.H.  
Date: August 30, 2016
Docket Number: A146120

Justia Opinion Summary: C.H. shoplifted a pair of jeans and was arrested after a physical altercation with a loss prevention officer at Kohl’s Department Store. He was charged with second-degree robbery and assault with force likely to cause gr...

In re C.B.  
Date: August 30, 2016
Docket Number: A146277

Justia Opinion Summary: The minor broke into a Concord apartment and stole a cell phone, wallet, and Nintendo game. Leaving, the minor was confronted by the resident, who assaulted him. The minor brandished a knife. Charged with second degree r...

People ex rel. Feuer v. FXS Mgmt.  
Date: August 30, 2016
Docket Number: B263965

Justia Opinion Summary: The People filed a nuisance abatement action against defendants, alleging that Weedland was an illegal medical marijuana business under the City of Los Angeles Municipal Code, and seeking an injunction against the contin...

Royal Alliance Assoc. v. Liebhaber  
Date: August 30, 2016
Docket Number: B264619

Justia Opinion Summary: Royal Alliance, a securities brokerage firm, petitioned to confirm an arbitration award recommending expungement of an allegation of misconduct from the record of one of its employees. Sandra Liebhaber, the individual wh...

J.F. v. Superior Court  
Date: August 30, 2016
Docket Number: G053597

Justia Opinion Summary: In late August 2015, the Orange County Social Services Agency (SSA) filed a dependency petition regarding minor, who was about one month shy of his third birthday. While at the emergency room for a cut on his finger, chi...

Castro-Ramirez v. Dependable Highway Express  
Date: August 29, 2016
Docket Numbers: B261165A, B262524

Justia Opinion Summary: Plaintiff filed suit against his former employer, DHE, alleging causes of action for disability discrimination, failure to prevent discrimination, and retaliation under the Fair Employment and Housing Act, Gov. Code, 129...

People v. Spiller  
Date: August 29, 2016
Docket Number: F070068

Justia Opinion Summary: Defendant is currently serving a third strike indeterminate life sentence for a nonserious and nonviolent offense. In this petition, he seeks to recall his sentence and resentence as a second strike offender. The superio...

Schellinger Bros. v. Cotter  
Date: August 26, 2016
Docket Number: A142201

Justia Opinion Summary: Schellinger planned commercial development of a large Sebastopol tract that it had agreed to purchase from Cotter. Certification of an environmental impact report (EIR) under the California Environmental Quality Act (Pub...

People v. McDowell  
Date: August 26, 2016
Docket Number: B265879

Justia Opinion Summary: Defendant pled no contest to six felony burglary counts and admitted the truth of allegations that he committed the current offenses while out on bail for another crime and had one prior conviction that qualified as a st...

Funsten v. Wells Fargo Bank  
Date: August 25, 2016
Docket Number: A140941

Justia Opinion Summary: Trust I, established by Maryon and Robert, became irrevocable when Maryon died in 1994. Robert died in 2013. Months later, Maryon’s son, Funsten, filed a “safe harbor” application, requesting a declaration that he would...

People v. Orloff  
Date: August 25, 2016
Docket Number: B266933

Justia Opinion Summary: Defendant, confined to a wheelchair, appealed his conviction for making a criminal threat and attempting, by means of a threat, to deter an executive officer from performing his duties. The court concluded that a person...

In re H.W.  
Date: August 25, 2016
Docket Number: C079926

Justia Opinion Summary: In 2014, loss prevention agent Marcus Nealy and manager Stephanie Garza, were working at a Sears department store in Yuba City, when they observed "H.W." enter the store via the store’s closed circuit surveillance system...

Randall v. Mousseau  
Date: August 24, 2016
Docket Number: B263945

Justia Opinion Summary: Wendy Randall appeals a judgment for defendant after a court trial. There was no court reporter during the trial, and the trial court denied Randall's motion for a settled statement after trial. The court concluded that...

In re A.B.  
Date: August 24, 2016
Docket Number: D069257

Justia Opinion Summary: Scott R. appealed the termination of his parental rights to his biological daughter, A.B., under Family Code section 7822,1 which authorizes the termination of rights of a parent who "has left the child in the care and c...

People v. Miranda  
Date: August 23, 2016
Docket Number: B257245

Justia Opinion Summary: Defendants were convicted of charges for their involvement in a razor-blade-shank attack by “Southside” gang members on a Los Angeles County jail inmate who refused to stab another inmate at the gang’s behest. The court...

People v. Hronchak  
Date: August 23, 2016
Docket Number: B262866

Justia Opinion Summary: After defendant failed to report to his supervising parole agent - a violation of parole supervision conditions that defendant admitted - the trial court revoked and reinstated parole on condition that defendant serve an...

Phillips v. Campbell  
Date: August 23, 2016
Docket Number: B263353A

Justia Opinion Summary: Defendant appealed from a Domestic Violence Prevention Act (DVPA), Fam. Code, 6200 et seq., restraining order prohibiting him from harassing or contacting respondent and compelling him to stay at least 500 yards away fro...

Greco v. Greco  
Date: August 23, 2016
Docket Numbers: C078369, C078805

Justia Opinion Summary: Defendant Clyde Greco, Jr. was the trustee of his parents’ trust and the administrator of their estates. He used money from the trust and estates to fund litigation against his sister and others, purportedly to recover m...

California v. Flores  
Date: August 23, 2016
Docket Number: D069899

Justia Opinion Summary: Defendant Erik Flores was the father of three young children (John Doe 1, John Doe 2, and Jane Doe). The information alleged that, from 2011 to 2014, Flores tortured the children, and abused his children. The information...

In re Mancillas  
Date: August 23, 2016
Docket Number: H042652

Justia Opinion Summary: In 2012, petitioner was charged with unlawful driving or taking of a vehicle; possession of burglar’s tools; and possession of a stolen vehicle. Petitioner pleaded no contest. The court suspended imposition of sentence a...

Campaign for Quality Education v. State of California
Date: August 22, 2016
Docket Number: A134423S
Vergara v. State of California
Date: August 22, 2016
Docket Number: B258589S
Mitchell v. State Dept. of Public Health
Date: August 22, 2016
Docket Number: B265769M
Morris B. Silver M.D., Inc. v. Int'l Longshore & Warehouse Union  
Date: August 22, 2016
Docket Number: B267941

Justia Opinion Summary: Plaintiff filed suit against the Plan to recover payment for health care services provided to Plan policyholders. The trial court dismissed plaintiff's suit because the state law causes of action were preempted by the fe...

Esparza v. Sand & Sea, Inc.  
Date: August 22, 2016
Docket Number: B268420

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging causes of action for sexual harassment, sex discrimination, wrongful termination, and intentional infliction of emotional distress. At issue is whether an arbitration in h...

People v. Garner  
Date: August 19, 2016
Docket Number: B266881

Justia Opinion Summary: The trial court found that defendant entered a grocery store with intent to commit theft by false pretenses, and determined that defendant was statutorily ineligible to have her felony burglary conviction reduced to a mi...

California v. Wagner  
Date: August 19, 2016
Docket Number: D068228

Justia Opinion Summary: The trial court revoked defendant-appellant Jesse Wagner's parole, ordered that he serve 120 days of local custody, and reinstated his parole. After the time to appeal from the order revoking his parole had passed and af...

East Bay Reg'l Park Dist. v. Griffin  
Date: August 18, 2016
Docket Number: A141625

Justia Opinion Summary: Borel's trust states that, upon Borel’s death, a parcel of the trust’s real property is to be distributed to the East Bay Regional Park District for the purposes of establishing an agricultural park. Part of the property...

Cal.-Am. Water Co. v. Marina Coast Water Dist.  
Date: August 18, 2016
Docket Number: A145604

Justia Opinion Summary: To address Monterey County’s water needs, two public agencies and a water company entered into five interrelated agreements, in 2010-2011, to collaborate on a water desalination project. After it was revealed that a boar...

People v. Newman  
Date: August 18, 2016
Docket Number: B266704

Justia Opinion Summary: Defendant was convicted of assault by means likely to produce great bodily injury. On appeal, defendant challenged the postjudgment order denying his petition for recall of his sentence on his conviction and for resenten...

Sese v. Wells Fargo Bank  
Date: August 18, 2016
Docket Number: C074663

Justia Opinion Summary: Appellant Danilo Sese sought to challenge an order denying his motion for interim attorney fees under Civil Code section 2924.12 after he secured a preliminary injunction to enjoin the foreclosure sale of his residential...

Marin Ass'n of Pub. Employees v. Marin Cnty. Employees Retirement Ass'n  
Date: August 17, 2016
Docket Number: A139610

Justia Opinion Summary: To combat the practice known as “pension spiking,” by which public employees use various stratagems to inflate their income and retirement benefits, the County Employees Retirement Law, was amended, effective 2013, to ex...

U.S. Bank Nat. Assn. v. Naifeh
Date: August 17, 2016
Docket Number: A142994M
Young v. REMX  
Date: August 17, 2016
Docket Number: A143786

Justia Opinion Summary: Plaintiff alleged that, after her employment terminated, defendants failed to pay all of her final wages. She filed a putative class action under Labor Code sections 201-203, also asserting a representative Private Attor...

Aluma Systems Concrete Constr. of Cal. v. Nibbi Bros., Inc.  
Date: August 17, 2016
Docket Number: A145734

Justia Opinion Summary: Concrete Construction (Contractor) was sued by employees of Nibbi Concrete, who were injured after a shoring system designed by Contractor collapsed. Subsequently, Contractor sued Employer for indemnification based on a...

People v. Medelez  
Date: August 17, 2016
Docket Number: B262429

Justia Opinion Summary: Defendant appealed his conviction for three sex offenses against his adult roommate and two sex offenses against a minor. At issue is whether defendant should be convicted of both attempted oral copulation of a minor (Pe...

St. John of God Retirement v. Dep't of Health Care Serv.  
Date: August 17, 2016
Docket Number: B265488

Justia Opinion Summary: After Gloria Glover Woods suffered a psychotic episode, the hospice provider directed that she be transferred from St. John to an acute care hospital for evaluation and treatment. When her treatment was concluded, St. Jo...

In re S.N.  
Date: August 17, 2016
Docket Number: C081228

Justia Opinion Summary: In September 2015, the Trinity County Department of Health and Human Services (Department) filed a juvenile dependency petition as to then eight-year-old S.N. The petition alleged that mother "failed to protect [S.N.] in...

La Mirada Ave. Neighborhood Ass'n v. City of Los Angeles  
Date: August 16, 2016
Docket Number: B258033

Justia Opinion Summary: Target appealed the superior court's ruling that invalidates a number of exceptions to a specific governing development in Hollywood and halts construction of a Target store. Target concurrently asked the Los Angeles Cit...

People v. Raygoza  
Date: August 16, 2016
Docket Number: B262978

Justia Opinion Summary: After pleading no contest to a charge of false imprisonment and receiving a sentence of four years, appellant sought presentence custody credit under Penal Code section 2900.5. The trial court denied the request, finding...

Santa Clarita Org. for Planning etc. v. Castaic Lake Water Agency
Date: August 16, 2016
Docket Number: B264284M
Nichols v. Century West  
Date: August 16, 2016
Docket Number: B266465

Justia Opinion Summary: After owning a car that she purchased from Century West for eleven months, plaintiff filed suit against Century West and BMW Financial Services, which financed the vehicle, seeking to unwind the contract. The trial court...

California v. Hudson  
Date: August 16, 2016
Docket Number: D068439

Justia Opinion Summary: Babyray Hudson appealed the denial of his petition to reduce his second degree burglary and forgery convictions to misdemeanors under Proposition 47. Hudson's convictions stemmed from a 2011 incident in which he entered...

People v. Chatman  
Date: August 15, 2016
Docket Number: A144196

Justia Opinion Summary: In 2001, Chatman pleaded no contest to a felony count of robbery and was placed on five years‘ probation. Two years later, he was convicted of misdemeanor reckless driving with alcohol involved. He successfully applied u...

People v. Lynch  
Date: August 15, 2016
Docket Number: A146704

Justia Opinion Summary: In 2014 defendant was charged with one count of possession or control of child pornography, Penal Code 311.11(a). A plea agreement was reached: with a felony plea to possession of child pornography, defendant would recei...

Barickman v. Mercury Cas. Co.  
Date: August 15, 2016
Docket Number: B260833

Justia Opinion Summary: Plaintiffs filed suit against Mercury for breach of contract and breach of the implied covenant of good faith and fair dealing. Judgment was entered in favor of plaintiffs for $3 million plus interest from the date of ju...

People v. Stylz  
Date: August 15, 2016
Docket Number: B263072

Justia Opinion Summary: Defendant pled no contest to second degree commercial burglary and was sentenced to three years formal probation. Defendant then petitioned for resentencing pursuant to Penal Code section 1170.18, subdivisions (a) and (f...

In re Andrew S.  
Date: August 15, 2016
Docket Number: B268361

Justia Opinion Summary: Father appealed the juvenile court's jurisdiction finding pursuant to Welfare and Institutions Code section 300, subdivision (b), that he failed to provide his two children with the necessities of life, placing them at s...

Hernandez v. WCAB  
Date: August 15, 2016
Docket Number: B268700

Justia Opinion Summary: Petitioner, a California Highway Patrol (CHP) sergeant, seeks to recover the full amount he should have received as paid leave-of-absence benefits under Labor Code section 4800.5, plus penalties for unreasonable delay un...

CA Building Ind. Assn. v. Bay Area Air Quality Management Dist.
Date: August 12, 2016
Docket Number: A135335
Christ v. Schwartz  
Date: August 12, 2016
Docket Number: D068579

Justia Opinion Summary: Susan Christ sued Dwayne Schwartz for personal injury she allegedly suffered when Schwartz's automobile collided with her vehicle. Jon Christ, Susan's husband, also sued Schwartz for loss of consortium based on Susan's i...

Walters v. Boosinger  
Date: August 12, 2016
Docket Number: D069255

Justia Opinion Summary: At the center of this appeal was a dispute over the ownership of certain real property between appellant Scott Walters, as the administrator of his father Randy Walters' estate and Randy's former girlfriend, respondent V...

California v. Abarca  
Date: August 12, 2016
Docket Number: E063687

Justia Opinion Summary: The State appealed the superior court’s order granting defendant Willie Abarca Jr.’s Proposition 47 resentencing petition. Abarca pled guilty to one felony count of second degree burglary based on his attempt to pass a f...

Friends of Willow Glen Trestle v. City of San Jose  
Date: August 12, 2016
Docket Number: H041563

Justia Opinion Summary: The City of San Jose proposed to demolish the Willow Glen Railroad Trestle and replace it with a new, steel truss pedestrian bridge to service its trail system. The City found that the Trestle was not a “historical resou...

Coles v. Glaser  
Date: August 11, 2016
Docket Number: A145642

Justia Opinion Summary: Coles sued to recover an overdue loan that he had extended to a real estate investment company, Cascade. The loan was guaranteed by Glaser and Taylor. That case was settled when Cascade ostensibly paid off the loan, and...

Ellis v. Lyons  
Date: August 11, 2016
Docket Number: B264040

Justia Opinion Summary: Mother appealed the denial of her request for sole legal and physical custody of her minor daughter (Minor) and to reinstate child support from Father. After Father engaged in a physical altercation with his brother-in-l...

Truck Ins. Exch. v. WCAB  
Date: August 11, 2016
Docket Number: B268231

Justia Opinion Summary: Farmers filed a petition for a writ of review contending that laches applies to preclude Farmers' liability for a workers compensation claim where the employer received notification of the injury the day after it happene...

California v. VanVleck  
Date: August 11, 2016
Docket Number: D069893

Justia Opinion Summary: In consolidated appeals, all raised the issue of whether Vehicle Code section 23640 prohibited military diversion pursuant to Penal Code section 1001.80 for defendants charged with driving under the influence offenses. A...

Stanislaus Cnty. Deputy Sherrifs' Ass'n. v. County of Stanislaus  
Date: August 11, 2016
Docket Number: F071257

Justia Opinion Summary: The Association, on behalf of certain custodial deputies designated as a "peace officer" by Penal Code section 830.1, subdivision (c), filed suit seeking a judicial declaration that such custodial deputies may lawfully c...

City of Selma v. Fresno County Local Agency etc.
Date: August 11, 2016
Docket Number: F072147M
Communities for a Better Environ. v. Bay Area Air Qual.Man. Dist.
Date: August 10, 2016
Docket Number: A143634M
Borrayo v. Avery  
Date: August 10, 2016
Docket Number: A143765

Justia Opinion Summary: Borrayo sued Dr. Avery, alleging medical malpractice during the course of treating her for a condition known as thoracic outlet syndrome. The condition, which caused intense pain in her right shoulder and scapula, numbn...

In re Ana C.  
Date: August 10, 2016
Docket Number: A145411

Justia Opinion Summary: Ana, age 17, was arrested following a chase and a crash involving a stolen car. Ana falsely reported to the arresting officer that she had been driving. The officer determined that her boyfriend, Eduardo, had been drivin...

Center for Biological Diversity v. Dept. of Fish and Wildlife
Date: August 10, 2016
Docket Number: B245131M
California v. Gibson  
Date: August 10, 2016
Docket Number: E062624

Justia Opinion Summary: In 1996, defendant Clifton Gibson was tried as an adult and convicted of first degree murder with special circumstances, assault with a firearm, and robbery. These offenses were committed when he was 17 years old, with t...

Rancho Mirage Country Club HOA v. Hazelbaker  
Date: August 9, 2016
Docket Number: E063272

Justia Opinion Summary: Defendants-appellants Thomas and Lynn Hazelbaker owned a condominium in the Rancho Mirage Country Club development. Defendants made improvements to an exterior patio, which plaintiff-respondent Rancho Mirage Country Club...

Pulte Homes Corp. v. Williams Mechanical  
Date: August 9, 2016
Docket Number: E064710

Justia Opinion Summary: Pulte Homes Corporation sued Williams Mechanical, Inc. for defective performance of a plumbing subcontract. Even before the action was filed, however, Williams was defunct; first, it was suspended by the Secretary of Sta...

Watson Bowman Acme Corp. v. RGW Construction  
Date: August 9, 2016
Docket Number: F070067

Justia Opinion Summary: RGW entered into a contract with Watson for the delivery of 146 sealed expansion joints for use on the Caltrans project for the construction of Highway 99. Watson filed a breach of contract action, contending it was enti...

People v. Watts  
Date: August 8, 2016
Docket Number: A145322

Justia Opinion Summary: A Fort Bragg police officer found Watts in possession of 3.86 grams of methamphetamine, 1.16 grams of heroin, and drug paraphernalia. “[N]umerous text messages . . . indicating sales of controlled substances” were found...

Morlin Asset Mgmt. LP v. Murachanian  
Date: August 8, 2016
Docket Number: B259800

Justia Opinion Summary: After plaintiff was injured when he slipped on the stairs in the common area of a commercial building, he filed suit against the building and its managers (the landlords), for negligence and premises liability. The landl...

Weiss v. City of Los Angeles  
Date: August 8, 2016
Docket Number: B259868

Justia Opinion Summary: The City and Xerox appealed the trial court's grant of petitioner's petition for writ of mandate. At issue is whether the City, as the “issuing agency” for notice of parking violations in the City, Veh. Code, 40202, mus...

P. v. Frierson
Date: August 8, 2016
Docket Number: B260774M
Cruz v. City of Culver City  
Date: August 8, 2016
Docket Number: B265690

Justia Opinion Summary: Plaintiff and four of her neighbors appealed an order dismissing as an anti-SLAPP, Code Civ. Proc., 425.16, action their complaint against the city council of Culver City and five of its council members for allegedly vio...

Ace American Ins. Co. v. Fireman's Fund Ins. Co.  
Date: August 5, 2016
Docket Number: B264861

Justia Opinion Summary: After a film industry worker was seriously injured on a film set, he filed suit. His employer had two primary insurance policies with Fireman’s Fund, and an excess insurance policy with Ace American. Ace American subsequ...

Morales v. 22nd Dist. Agricultural Assn.
Date: August 5, 2016
Docket Number: D067247M
The Kind and Compassionate v. City of Long Beach  
Date: August 4, 2016
Docket Number: B258806

Justia Opinion Summary: Plaintiffs, two medical cannabis collectives/dispensaries and three medical cannabis patients, alleged 11 causes of action against the City and/or its employees. Plaintiffs' claims arose from the City's enforcement of mu...

Roberts v. United Healthcare  
Date: August 4, 2016
Docket Number: B266393

Justia Opinion Summary: Plaintiff filed a class action against United Healthcare, alleging claims of unfair competition, unjust enrichment, and financial elder abuse. Plaintiff had enrolled in a private health plan offering benefits to persons...

People v. Dunn  
Date: August 4, 2016
Docket Number: B266482

Justia Opinion Summary: Defendant appeals an order denying a petition to recall his sentence for felony petty theft with a prior and for resentencing to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and School Act, Pen. Code,...

Hayward v. Super Court  
Date: August 3, 2016
Docket Number: A144823

Justia Opinion Summary: Tracy and Jose married in 1996. They later separated. Tracy filed a petition for dissolution in 2011. In 2012, the superior court ordered temporary spousal support. The parties decided not to further litigate the case i...

Aldana v. Stillwagon  
Date: August 3, 2016
Docket Number: B259538

Justia Opinion Summary: Mike Stillwagon, a paramedic supervisor, was driving his employer’s pickup truck to the location of an injured victim to supervise the emergency response when he collided with a vehicle driven by Gerardo Aldana. Aldana s...

Ignacio v. Caracciolo  
Date: August 3, 2016
Docket Number: B266930

Justia Opinion Summary: After plaintiff rejected defendant's offer of $75,000 in a personal injury action, plaintiff obtained a judgment against defendant for $70,000. Defendant sought to tax plaintiff’s costs, and obtains her own costs, pursua...

People v. Fromuth  
Date: August 3, 2016
Docket Number: H040926

Justia Opinion Summary: Defendant, age 30, responded to a Craigslist ad, posted by a Monterey County Sheriff’s Officer: “Young cutie looking for a hookup today!!! - w4m (Salinas).” During an ensuing online conversation, the “cutie” claimed to...

Doe 2 v. Superior Court (Avongard Products)  
Date: August 2, 2016
Docket Number: B269087

Justia Opinion Summary: Avongard, d/b/a Hydraulx, filed suit against petitioner John Doe 2 for libel, alleging that Doe 2’s anonymous emails to a film producer and a film industry executive harmed its reputation. After Doe 2 filed a special mot...

P. v. Hamernik
Date: August 2, 2016
Docket Number: E062401M
Schmidt v. Cal. Highway Patrol  
Date: August 1, 2016
Docket Number: B260643

Justia Opinion Summary: Penal Code section 849.5 provides that if a person is arrested and released and no accusatory pleading is filed, the arrest shall be deemed a detention only. Section 851.6, subdivision (b) provides that the arresting law...

Findleton v. Coyote Valley Band of Pomo Indians  
Date: July 29, 2016
Docket Number: A142560

Justia Opinion Summary: The Coyote Valley Band of Pomo Indians and Findleton entered into the Construction Agreement for a gaming facility. In 2008 (10 months later), the Tribe suspended construction because the financial meltdown had adversely...

In re Alexander P.  
Date: July 29, 2016
Docket Number: A146040

Justia Opinion Summary: After his stepfather, Donald, assaulted his mother, Heidi, in Alexander’s presence, Alexander, then three years old, became the subject of a dependency petition. At the time, Donald, Alexander’s biological father, Joel,...

People v. Falaniko  
Date: July 29, 2016
Docket Number: B259918

Justia Opinion Summary: Defendant challenged his convictions arising out of three separate shooting incidents. The court affirmed defendant's convictions for murder in count 1, attempted murder in counts 4, 9 and 10, and shooting at an occupied...

Osborne v. Yasmeh
Date: July 29, 2016
Docket Number: B262043A
Yhudai v. Impac Funding Corp.  
Date: July 29, 2016
Docket Number: B262509

Justia Opinion Summary: Plaintiff filed suit against his lender, Impac, and others, alleging causes of action arising from the nonjudicial foreclosure sale of his residence. The trial court sustained defendants' demurrer to the entire pleading...

Nam v. Regents of UC  
Date: July 29, 2016
Docket Number: C074796

Justia Opinion Summary: "The facts as alleged in the complaint and in plaintiff’s declaration in opposition to the motion to strike are not at all clear." Plaintiff Un Hui Nam, a new medical resident in the anesthesiology department at UC Davis...

California v. Bryd  
Date: July 29, 2016
Docket Number: C077269

Justia Opinion Summary: A jury found defendant Dywon Levell Byrd guilty of first degree murder (court 1), and driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (court 3). T...

People v. Curry  
Date: July 28, 2016
Docket Number: A145922

Justia Opinion Summary: Defendant, an Almeda County resident, pled no contest to second-degree burglary; a felony charge of petty theft with a prior, was dismissed. The court admitted defendant to three years probation with a condition that sh...

Osborne v. Yasmeh  
Date: July 28, 2016
Docket Numbers: B262043, B265530

Justia Opinion Summary: Plaintiff John Flowers, a parapalegic, along with his wife and stepsons, filed suit alleging violations of the Unruh Civil Rights Act, Civil Code 512, and intentional infliction of emotional distress when defendants refu...

Heidi S. v. David H.  
Date: July 28, 2016
Docket Number: B263933

Justia Opinion Summary: After the family court ordered that sole legal and physical custody of the child would remain with father, mother appealed. The court concluded that the family court did not abuse its discretion in refusing to grant moth...

Santa Clarita Org. v. Castaic Lake Water Agency  
Date: July 28, 2016
Docket Number: B264284

Justia Opinion Summary: SCOPE filed suit alleging that the trial court erred in denying its writ of mandate claim because the Agency’s acquisition of Valencia Water Company is unlawful. The court concluded that the court does not have to dismis...

No Toxic Air, Inc. v. Lehigh SW Cement Co.  
Date: July 28, 2016
Docket Number: H040047

Justia Opinion Summary: The Permanent Quarry, a 3,510-acre surface mining operation producing limestone and aggregate for the manufacture of cement, is located in unincorporated Santa Clara County. The Quarry, owned by Lehigh, has been in exist...

People v. Lexington Nat'l Ins. Corp.  
Date: July 28, 2016
Docket Number: H041573

Justia Opinion Summary: Duffy was charged with misdemeanor child endangerment. On August 23, 2013, Lexington Insurance posted a $50,000 bail bond for Duffy’s release from custody. Duffy appeared in court on August 29, 2013, at which time the co...

People v. Putney  
Date: July 27, 2016
Docket Number: A142012

Justia Opinion Summary: In 1990, Putney sexually molested his two- and four-year-old cousins, with whom he lived, and a nine-year-old neighbor. He was sentenced to 10 years in prison. In 2002, before Putney was due to be released on parole, the...

Friends of the Hastain Trail v. Coldwater  
Date: July 27, 2016
Docket Numbers: B249841, B251814

Justia Opinion Summary: This litigation involves two parallel fire roads, an older one and its newer replacement. On appeal, defendants challenged the trial court's judgment declaring a public trail easement was established by public dedication...

People v. Debouver  
Date: July 27, 2016
Docket Number: B262455

Justia Opinion Summary: Defendant appealed his conviction for first degree residential burglary with a "person present" finding. The court rejected defendant's claim that the trial court undermined his Sixth Amendment right to represent himself...

Mitchell v. Dept. of Public Health  
Date: July 27, 2016
Docket Number: B265769

Justia Opinion Summary: Plaintiff filed suit against his former employer, the Department, alleging racial discrimination in violation of the California Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq. The trial court dismissed t...

In re Elijah C.
Date: July 27, 2016
Docket Number: B266437M
JAMS, Inc. v. Super. Ct.  
Date: July 27, 2016
Docket Number: D069862

Justia Opinion Summary: JAMS, Inc. provided private alternative dispute resolution services by promoting, arranging and handling the hiring of neutral individuals, such as retired judges, to assist with resolution of disputes. This action arose...

California v. Johnson  
Date: July 26, 2016
Docket Number: D068384A

Justia Opinion Summary: Branden Johnson appealed a superior court order denying his petition to recall his felony sentence for receiving stolen property and to resentence him to a misdemeanor, as allowed in Penal Code section 1170.18, subdivisi...

People v. Loya  
Date: July 26, 2016
Docket Number: F069487

Justia Opinion Summary: Defendant had contemplated a plea agreement negotiated with the prosecution for a principal four-year prison term that involved disposition of both cases at issue. Without stating any reason why defendant could not enter...

California v. Superior Court (Tejeda)  
Date: July 26, 2016
Docket Number: G052932

Justia Opinion Summary: In December 2014, real party in interest Rito Tejeda was charged with murder. A year later, respondent Superior Court of Orange County assigned Tejeda’s case to Judge Thomas Goethals for all purposes and set the matter f...

Cox v. Super. Ct.  
Date: July 22, 2016
Docket Number: C080870

Justia Opinion Summary: Petitioner Ernest Cox was incarcerated at Mule Creek State Prison. He filed a civil complaint against real parties in interest, officials and employees of the California Department of Corrections and Rehabilitation (CDCR...

Santos v. Kisco Senior Living  
Date: July 22, 2016
Docket Number: D067929

Justia Opinion Summary: After a series of thefts from residents at a residential community for the elderly called "Cypress Court," police advised Cypress Court's management to install video cameras and place bait money in some of the residents'...

Davis v. Super. Ct.  
Date: July 22, 2016
Docket Number: E063943

Justia Opinion Summary: A jury convicted petitioner Jim Davis of three counts of first degree murder with enhancements. The trial court sentenced petitioner to multiple terms of life without the possibility of parole. Toward the end of 2011, pe...

Davis v. Super. Ct.
Date: July 22, 2016
Docket Number: E063943
People v. Hydrick  
Date: July 21, 2016
Docket Number: B256043

Justia Opinion Summary: Defendant was found to be a sexually violent predator (SVP) pursuant to the Welfare and Institutions Code. For “good cause” a prisoner may be held beyond the prisoner’s release date for 45 days to complete a full evaluat...

Walters v. City of Redondo Beach  
Date: July 21, 2016
Docket Number: B258638

Justia Opinion Summary: The City approved a conditional use permit (CUP) for construction of a combination car wash and coffee shop on a vacant lot adjacent to homes owned by appellants. Appellants filed a petition for writ of mandate challengi...

California v. Ghipriel  
Date: July 21, 2016
Docket Number: D069936

Justia Opinion Summary: In this case, the evidence showed defendant Mouris Ghipriel, who weighed 240 pounds, kept one of his employees, who weighed approximately 100 pounds, in a very small office and sexually assaulted her. He appealed his ult...

City of San Jose v. MediMarts, Inc.  
Date: July 21, 2016
Docket Number: H042481

Justia Opinion Summary: MediMarts, a nonprofit collective, paid the Marijuana Business Tax (MBT) for a year, then began submitting returns showing no money due. The City of San Jose sent notices and found that MediMarts owed $58,788.53 as of Au...

In re J.E.  
Date: July 20, 2016
Docket Number: A145399

Justia Opinion Summary: Minor and his friends entered an Oakland home through a back window and took a watch, a camera, and loose change. They were apprehended blocks away. The dispositional report noted that Minor had a “difficult” relationshi...

People v. Frierson  
Date: July 20, 2016
Docket Number: B260774

Justia Opinion Summary: Defendant appealed the trial court's decision rejecting his petition for resentencing under the Three Strikes Reform Act of 2012, Penal Code section 1170.126, enacted by Proposition 36. The court held that the applicable...

U.S. Bank Nat'l Ass'n as Tr. v. Naifeh  
Date: July 19, 2016
Docket Number: A142994

Justia Opinion Summary: In 2007, Naifeh and Ristic obtained a loan from WaMu for San Francisco property. WaMu provided a disclosure of the loan terms as required by the Truth in Lending Act (TILA, 15 U.S.C. 1601). After the borrowers defaulted,...

Communities for a Better Env't v. Bay Area Air Quality Mgmt. Dist.  
Date: July 19, 2016
Docket Number: A143634

Justia Opinion Summary: Bay Area Air Quality Management District (BAAQMD) determined that its approval for a Richmond rail-to-truck facility to transload crude oil instead of ethanol was “ministerial” and exempt from California Environmental Qu...

City of Eureka v. Superior Court  
Date: July 19, 2016
Docket Number: A145701

Justia Opinion Summary: In 2012, Eureka Police Sergeant Laird and other officers arrested a minor, after a chase in which the minor “was pushed to the ground, fell to the ground, or just gave up and laid on the ground.” A patrol car’s mobile au...

City of Eureka v. Superior Court  
Date: July 19, 2016
Docket Number: A145701A

Justia Opinion Summary: In 2012, Eureka Police Sergeant Laird and others arrested a minor, after a chase in which the minor “was pushed to the ground, fell to the ground, or just gave up and laid on the ground.” A patrol car’s mobile audio-vide...

Flintco Pacific v. TEC Mgmt. Consultants  
Date: July 19, 2016
Docket Number: B258353

Justia Opinion Summary: After TEC, a subcontractor, submitted a written bid to Flintco, a general contractor, to perform glazing work on a project, Flintco used TEC's bid price in compiling its own bid to the owner of the project. Flintco was a...

People v. Salmorin  
Date: July 19, 2016
Docket Number: B264614

Justia Opinion Summary: Defendant plead no contest to forgery and then petitioned to recall his sentence under Proposition 47, the Safe Neighborhoods and Schools Act, Pen. Code, 1170.18. The trial court denied the petition. The court concluded...

P. v. Soto
Date: July 19, 2016
Docket Number: H041615M
In re M.H.  
Date: July 18, 2016
Docket Number: D067616

Justia Opinion Summary: Sixteen-year-old M.H. used his smartphone to surreptitiously record a fellow high school student, Matthew B., in a school bathroom stall while Matthew was either masturbating or jokingly pretending to do so. The video, t...

Joshua Tree Downtown Bus. Alliance v. Co. of San Bernardino  
Date: July 18, 2016
Docket Number: E062479A

Justia Opinion Summary: Dynamic Development, LLC (Dynamic) sought to build a new retail store (Project) in Joshua Tree. Residents of Joshua Tree opposed the Project, arguing that it would have clashed with the town's artistic, independent, and...

People v. Disa  
Date: July 15, 2016
Docket Number: A137355

Justia Opinion Summary: Defendant and Gillihan worked together and dated. In September 2010, defendant moved into Gillihan’s Benicia apartment. On February 11, 2011, Gonzales, a co-worker, went to check on Gillihan because both defendant and Gi...

California v. Snyder  
Date: July 15, 2016
Docket Number: C070517

Justia Opinion Summary: Defendant Eugene Snyder appealed his conviction on nine counts of child molestation and one count of possessing child pornography. He argued: (1) insufficient evidence supported one count of committing lewd acts upon a c...

Duran v. Obesity Research Institute  
Date: July 15, 2016
Docket Number: D067917

Justia Opinion Summary: Fred Duran filed a putative class action complaint against Obesity Research Institute, LLC (ORI) and Wal-Mart Stores, Inc. (Wal-Mart) (collectively, defendants). Duran alleged defendants falsely claimed that ORI's produc...

Janice H. v. 696 North Robertson LLC  
Date: July 14, 2016
Docket Number: B256913A

Justia Opinion Summary: Defendant, a bar and dance club, challenged a judgment based on the jury’s award of $5.42 million in compensatory damages to plaintiff for failing to use reasonable care to protect her from a sexual assault in a unisex b...

State Compensation Insurance Fund v. WCAB
Date: July 14, 2016
Docket Number: B269038M
Palm Springs Villas II HOA v. Parth
Date: July 14, 2016
Docket Number: D068731M
City of Selma v. Fresno Cnty. Local etc.  
Date: July 14, 2016
Docket Number: F072147

Justia Opinion Summary: Selma filed a writ of mandate challenging LAFCo’s approval of an annexation. At issue is when a local agency formation commission sets a public hearing on a reorganization proposal and thereafter continues the hearing da...

In re Armando L.  
Date: July 14, 2016
Docket Number: F072715

Justia Opinion Summary: After the juvenile court terminated its jurisdiction over 11-year-old Armando L., who had been a dependent of the juvenile court for two years, Armando’s mother contends the juvenile court improperly denied her an eviden...

Baldwin v. AAA N. Cal.  
Date: July 13, 2016
Docket Number: A142217

Justia Opinion Summary: Plaintiff's almost-new Toyota Tundra Pickup sustained structural damage, while parked, as a result of a collision between the vehicles of Hollandsworth and Sebastian. Plaintiff had an insurance policy through AAA coverin...

Morales v. 22nd Dist. Agricultural Assn.  
Date: July 13, 2016
Docket Number: D067247

Justia Opinion Summary: This appeal addressed a collective action alleging nonpayment of overtime, as required by state law under Labor Code section 510 and federal law under the Fair Labor Standards Act of 1938 (FLSA). Plaintiff Jose Luis Mora...

Joshua Tree Downtown Bus. Alliance v. Co. of San Bernardino  
Date: July 13, 2016
Docket Number: E062479

Justia Opinion Summary: Dynamic Development, LLC (Dynamic) sought to build a new retail store (Project) in Joshua Tree. Residents of Joshua Tree vociferously opposed the Project. They argued that it would clash with the town’s artistic, indepen...

Gregge v. Hugill  
Date: July 13, 2016
Docket Number: H040663

Justia Opinion Summary: William's wife died in 1996; he died in 2011. Upon the wife's death, their trust established the decedent’s irrevocable trust, and the survivor’s amendable, revocable trust. Upon the death of the surviving spouse, both t...

Anne H. v. Michael B.  
Date: July 12, 2016
Docket Number: A146610

Justia Opinion Summary: In 2014, the family court entered a permanent custody order granting. Father, a Bay Area resident, physical custody of L. during school years, while Mother was awarded physical custody at her home in Virginia during the...

P. v. Trevino
Date: July 12, 2016
Docket Number: B261916M
People v. McCaw  
Date: July 12, 2016
Docket Number: B266497

Justia Opinion Summary: Defendant was convicted of attempted voluntary manslaughter and sentenced to 21 years in prison. The sentence included, inter alia, a doubling of the term for attempted voluntary manslaughter due to defendant's 1999 New...

P. v. Cordova
Date: July 12, 2016
Docket Number: H041050M
Perez v. Torres-Hernandez  
Date: July 11, 2016
Docket Number: A139710

Justia Opinion Summary: In 2010, Perez sought a domestic violence restraining order (DVRO) against Torres-Hernandez to stay away from her and their eight and two-year-old daughters. Perez and Torres-Hernandez had been in a relationship for 10 y...

Center for Biological Diversity v. Dept. of Fish and Wildlife  
Date: July 11, 2016
Docket Number: B245131

Justia Opinion Summary: The department and the developer appealed from a judgment granting a mandate petition. The litigation and appeal arise from the department's December 3, 2010: certification of the revised final environmental impact state...

Pirouzian v. Super. Ct.  
Date: July 11, 2016
Docket Number: B266015

Justia Opinion Summary: After his medical license was revoked, petitioner sought a writ of administrative mandamus to set aside the Board's decision. The trial court denied the writ. Petitioner does not dispute the ALJ's findings that he commit...

California v. Ranlet  
Date: July 11, 2016
Docket Number: C075191

Justia Opinion Summary: A jury convicted defendant Adam Ranlet of two counts of lewd and lascivious act on a child under the age of 14 years by use of force,1 four counts of lewd and lascivious conduct on a child under the age of 14 years, and...

Califronia v. Vang  
Date: July 11, 2016
Docket Number: C075731

Justia Opinion Summary: Defendant Joson Vang and his cousin, Ronnie Vang, broke into Keith Fessler's house to steal some property. Fessler was home at the time. When he came out of a back bedroom and confronted the burglars, they beat him, tied...

California v. Fusting  
Date: July 11, 2016
Docket Number: D069050

Justia Opinion Summary: Defendant-appellant Michael Fusting sought to have his second-degree felony burglary conviction reduced to misdemeanor shoplifting under Proposition 47. The trial court denied the petition because entry into a building w...

California v. Hamernik  
Date: July 11, 2016
Docket Number: E062401

Justia Opinion Summary: Defendant-appellant Kristie Hamernik was a licensed vocational nurse employed at the Vista Cove Care Center in Corona. Defendant was suspended from work but returned to the facility purportedly to retrieve personal items...

California v. Mutter  
Date: July 11, 2016
Docket Number: E064355

Justia Opinion Summary: The trial court denied the Proposition 47 petition for resentencing of defendant-appellant James Mutter. Defendant argued on appeal that the trial court erred because the crime for which he sought resentencing (possessio...

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