California Courts of Appeal Decisions 2016

Justia Opinion Summary: Plaintiff petitioned the superior court for a writ directing the then-serving members of the California Franchise Tax Board (FTB) to cease publishing his name on the FTB's list of the state's "Top 500" income tax…

Justia Opinion Summary: Petitioner seeks review of an order of Respondent Court requiring compliance with an investigational administrative subpoena of the Department of Consumer Affairs, acting on behalf of the Medical Board of California (the…

Justia Opinion Summary: Alexandria P., an Indian child, was placed with her extended family in Utah, after the dependency court concluded that Alexandria's foster parents, de facto parents, failed to prove by clear and convincing evidence that…

Justia Opinion Summary: The College Network, Inc. (TCN) appealed an order denying its motion to compel arbitration of a consumer fraud and breach of contract action brought by Plaintiffs Bernadette Magno, Rosanna Garcia, and Sheree Rudio. TCN…

Justia Opinion Summary: Steven Seapker was administratively appealing a decision by the City of Carlsbad (City) to discharge him from his position as a police officer. His defense was that the City was penalizing him more harshly than it has…

Justia Opinion Summary: Defendant Michael Smith appealed the denial of his Proposition 47 resentencing petition. Smith sought to have two felony second degree commercial burglary convictions (counts 1, 2) designated as misdemeanor shoplifting.…

Justia Opinion Summary: Defendant-appellant Lamonte Jefferson stole an ink cartridge worth $24.99 from a Riverside Kmart store. While serving a 32-month sentence for commercial burglary, defendant petitioned the trial court to recall his…

Justia Opinion Summary: Defendant-appellant, Casey Jones, Jr. appealed an order denying his petition to designate his conviction for burglary as misdemeanor shoplifting under Proposition 47. Jones also appealed the order denying his motion to…

Justia Opinion Summary: Martin Field was committed to a mental hospital after a jury found he was a sexually violent predator (SVP) under the Sexually Violent Predators Act. Field appealed, arguing: (1) the trial court prejudicially erred by…

Justia Opinion Summary: McGibney is the CEO of ViaView, which operates the websites BullyVille, CheaterVille, and others. Retzlaff is a critic of the BullyVille and CheaterVille websites. ViaView sought a workplace violence restraining order…

Justia Opinion Summary: In 2003, several class action lawsuits were filed against automobile manufacturers and trade associations, alleging antitrust conspiracy, Bus. & Prof. Code, 167201, and unfair business practices, Bus. & Prof. Code,…

Justia Opinion Summary: Defendant appealed his conviction of first degree burglary of an inhabited recreational vehicle (RV), in violation of Penal Code 459, 460. Defendant argued that because an RV, statutorily referred to as a "house car," is…

Justia Opinion Summary: A judgment creditor obtained a judgment against a judgment debtor (individually and as trustee of the debtor's trust), but did not levy on the debtor's property until after the debtor died. A third party claimant to the…

Justia Opinion Summary: Panoche, a producer of electricity, and Pacific Gas and Electric Company (PG&E), a utility that purchases its electricity, disputed which of them should bear the costs of complying with a legislatively-mandated program…

Justia Opinion Summary: In the underlying action, inmate Alejandro Franco filed suit under 42 U.S.C. 1983 after Los Angeles County Sheriff’s Deputies David Chang, Anthony Pimentel, and Kris Cordova assaulted Franco. The deputies signed…

Justia Opinion Summary: The Association filed a petition for a writ of mandate challenging the approval of a shopping center project that would be adjacent to an established residential neighborhood. The trial court denied the writ petition and…

Justia Opinion Summary: Plaintiff filed suit alleging claims stemming from his medical care and treatment at Mercy Hospital when he was a prison inmate at Corcoran State Prison. On appeal, plaintiff challenged the trial court's dismissal…

Justia Opinion Summary: Popescu sued Apple for damages after he was fired by his employer, Constellium. He alleged that Apple took affirmative steps to convince Constellium to terminate him in retaliation for his resistance to Apple’s alleged…

Justia Opinion Summary: The 2008 Sustainable Communities and Climate Protection Act (SB 375), was enacted to reduce greenhouse gas emissions. Earlier measures empowered the Air Resources Board to enact statewide mandates to reduce emissions. SB…

Justia Opinion Summary: Waters began working as a Petaluma firefighter and paramedic in 2008. She was the first and only woman to hold that position. She claims she was immediately subjected to harassment and discrimination based upon her sex.…

Justia Opinion Summary: The trial court issued a permanent injunction in 2014 barring the union from conducting demonstrations inside stores owned by Walmart. The union argued that the trial court had no jurisdiction to enter the injunction…

Justia Opinion Summary: Defendant was convicted of one count of first degree residential burglary, one count of making criminal threats, one count of false imprisonment as the lesser included offense of kidnapping, and one count of attempted…

Justia Opinion Summary: Elijah C. signed a document waiving the one-year statute of limitations for petty theft as a condition of entering a diversion program for first-time offenders. The court held that a minor’s purported waiver of the…

Justia Opinion Summary: Carreon, on bail and awaiting sentencing for two commercial burglaries, and her young son were staying in a converted garage unit of a residence leased by probationer Anderson. Officers arrived to conduct a probation…

Justia Opinion Summary: Soto, armed with a knife, kicked in the front door of Ramirez’s apartment, entered the apartment, and found Ramirez and Saavedra in the living room, with their young son, watching television. Soto and Ramirez engaged in…

Justia Opinion Summary: Plaintiff James Reed appealed a judgment entered in favor of defendants James Gallagher and Gallagher For Assembly 2014 (together, Gallagher) after the trial court granted Gallagher’s special motion to strike pursuant to…

Justia Opinion Summary: Defendants Kiesha Smith and Michael Mitchell appealed their convictions for the murder of Josephine Kelley. Defendants were tried together before separate juries. Smith raised two contentions on appeal: (1) the trial…

Justia Opinion Summary: Plaintiff Joseph Tanner sought to overturn a decision of defendant California Public Employees’ Retirement System (CalPERS) that significantly reduced his expected retirement benefit. The Court of Appeal found that…

Justia Opinion Summary: A jury convicted Kevin Bollaert of extortion (counts 3, 16, 18, 21, 27, 29) and the unlawful use of personal identifying information ( counts 2, 4-15, 17, 19, 20, 22-24, 26, 28), stemming from his operation of Web sites,…

Justia Opinion Summary: Defendant-appellant Sergio Romo was charged with unlawfully importing controlled substances (i.e., heroin) into California from Mexico; unlawfully possessing controlled substances (i.e., heroin) for sale; unlawfully…

Justia Opinion Summary: Appellant Rogelio Ramos sued his former employers, Jose Robledo and Dora Garcia (nonparties in this appeal), seeking to recover unpaid overtime, minimum wages and other compensation, and to impose job-related penalties.…

Justia Opinion Summary: A petition was filed with the juvenile court alleging that George F. committed a lewd and lascivious act upon a child under the age of 14, and that George willfully annoyed and molested a child under the age of 18. The…

Justia Opinion Summary: M., born in 1990, testified that when she was five years old and lived with mother and defendant (the father of M.'s half-sisters), defendant told her he wanted to have “father and daughter love.” Defendant began…

Justia Opinion Summary: Plaintiff Paul Brodeur is a well-known author in the environmental field, pointing out health dangers of the use of various electrical devices and other household items. Defendants are producers and distributors of the…

Justia Opinion Summary: Defendant appealed from two counts of misdemeanor methamphetamine possession and one count of attempted second degree robbery. In the published portion of the opinion, the court concluded that the Health and Safety Code…

Justia Opinion Summary: After plaintiffs' home was damaged by heavy rain, their insurer, State Farm, arranged for them to live in a rented residence while their house was being repaired. State Farm eventually made payments under the policy…

Justia Opinion Summary: A jury convicted defendant Arlon Buchanan of possession of heroin for sale (count 1), transportation of heroin for sale (count 2), possession of methamphetamine for sale (count 3), transportation of methamphetamine for…

Justia Opinion Summary: Hartley arranged for a taxi ride home from a bar, then argued with the driver, who had missed a turn while Hartley was talking on his cellphone. After Hartley began to walk away without paying, the driver pursued him.…

Justia Opinion Summary: The Medical Marijuana Regulation and Taxation Ordinance (Proposition D), L.A. Mun. Code, 45.19.6 et seq., bans medical marijuana businesses, but grants certain qualifying businesses a limited immunity from enforcement of…

Justia Opinion Summary: In 1973, at the age of 19, defendant was charged with felonies arising from two incidents on successive days, including a home invasion robbery in which, according to the police report, defendant held a woman and her…

Justia Opinion Summary: The court of appeal previously remanded the suit, concerning the rights to groundwater contained in the Santa Maria Valley Groundwater Basin. The parties are landowners who extract groundwater for agricultural use and…

Justia Opinion Summary: Harris is the principal at Peterson Middle School in the Santa Clara Unified School District. Stampolis, a district board member, has a son who attends Peterson. In October 2014, Harris obtained a civil harassment…

Justia Opinion Summary: Dunn pleaded no contest to possession of a controlled substance (cocaine) and admitted two prison prior allegations with the understanding he would receive a five-year sentence; the prosecution requested dismissal of two…

Justia Opinion Summary: Five days after Stewart obtained a building permit to construct a crematorium on a site in East Oakland, the City Council passed an emergency ordinance requiring a conditional use permit (CUP) to operate new crematoria.…

Justia Opinion Summary: Jesse G. appealed the trial court’s orders appointing the Mendocino County Public Guardian conservator of his person and estate pursuant to section 5350 of the Lanterman-Petris-Short Act (LPS Act), Welf. & Inst. Code,…

Justia Opinion Summary: After Siasmorn Gopal was admitted to the emergency room at Kaiser Foundation Hospitals and died after she was transferred to another hospital, Gopal's husband and the trustee of her estate filed suit alleging that…

Justia Opinion Summary: The trial court granted real part in interest Albert Sokolich’s motion to dismiss the petition for his commitment as a sexually violent predator pursuant to the Sexually Violent Predator Act, Welf. & Inst. Code, 6600 et…

Justia Opinion Summary: Branden Johnson sought to recall his sentence for felony receiving stolen property, and to be resentenced for a misdemeanor under that part of the Penal Code enacted as part of Proposition 47. The superior court denied…

Justia Opinion Summary: Plaintiff filed suit against defendants under federal laws, alleging that he was wrongfully terminated. On appeal, defendants challenge the trial court's denial of their motion to compel arbitration. The court concluded…

Justia Opinion Summary: Defendants seek to enforce three arbitration agreements signed by the decedent, Kenisha Parker, against plaintiffs, who are her relatives. Plaintiffs filed suit for wrongful death, medical malpractice, and survivorship…

Justia Opinion Summary: Petitioner seeks review of the appeals board's decision regarding the medical necessity of proposed treatment requested by a CHP employee (applicant). Labor Code section 4610.6 created a new procedure - independent…

Justia Opinion Summary: Marcia Tate appealed an order revoking probation and imposing a seven-year prison term. Tate contended that the trial court erred in awarding her zero days of Penal Code section 4019 conduct credits, by concluding she…

Justia Opinion Summary: Weisner, a mechanic at Santa Cruz County’s Buena Vista Landfill, also operated a construction hauling business. Three times in 2008, Weisner used County employees and equipment to remove construction materials. Following…

Justia Opinion Summary: In 2011, Costco sought a use permit and rezoning for 15.33 acres in southeast Ukiah. In 2013, the city released an environmental impact report (EIR), pursuant to the California Environmental Quality Act (CEQA) (Pub.…

Justia Opinion Summary: In December 2012, the Korean Ministry of Food and Drug Safety suspended the sales of Mario Badescu's Healing Cream after testing revealed the product contained two unlabeled corticosteroids, hydrocortisone and…

Justia Opinion Summary: Defendant was convicted of criminal threats and battery, and the jury found true a criminal street gang allegation applied to both offenses. The trial court found true the allegation that defendant had a prior felony…

Justia Opinion Summary: Plaintiff Deborah Moore appealed a judgment entered in favor of defendant The Regents of the University of California. Moore sued Defendant for claims under the Fair Employment and Housing Act (FEHA) and the California…

Justia Opinion Summary: The Palm Springs Villas II Homeowners Association, Inc. (Association) appealed a judgment entered in favor of Erna Parth, in connection with actions she took while simultaneously serving as president of the Association…

Justia Opinion Summary: In 1997, defendant, age 17, left a residential treatment center without authorization and bought a pistol, intending to rob and kill people and to settle gang scores. Defendant arrived in Monterey, obtained ammunition,…

Justia Opinion Summary: John F. LeBouef, an attorney, appeals a probate judgment invalidating a will and living trust purportedly executed by John Patton. Patton's will and trust named LeBouef as the principal beneficiary to a $5 million…

Justia Opinion Summary: Plaintiff Aleksandr Vasilenko was hit by a car and injured while crossing Marconi Avenue in Sacramento. At the time, he was crossing a busy five-lane road on his way from an overflow parking lot controlled and staffed by…

Justia Opinion Summary: U.S., the presumed father of five-year-old Robert S. and three-year-old Miguel S., and J.V., Robert’s biological father, each appealed the termination of their respective parental rights to the children. U.S. and J.V.…

Justia Opinion Summary: Shareholders of Diablo Controls submitted a written demand to inspect Diablo’s accounting books and records; the minutes of proceedings of shareholders, the board, and committees of the board; and certain other records.…

Justia Opinion Summary: Plaintiff 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…

Justia Opinion Summary: In May 2015, defendant- appellant Marc Endsley, then-committed to Patton State Hospital, petitioned for conditional release to an outpatient program pursuant to Penal Code section 1026.2. The trial court summarily denied…

Justia Opinion Summary: Defendant was convicted of felony forgery after he pleaded no contest to possessing three counterfeit $50 bills. The trial court denied defendant's petition to recall his sentence under Proposition 47, Penal Code section…

Justia Opinion Summary: Appellant V.T. is the minor's (Z.F.) maternal grandmother and former legal guardian by appointment of the probate court. The sole issue raised for the Court of Appeal's review in this appeal was whether the juvenile…

Justia Opinion Summary: Wal-Mart Stores, Inc. appealed a judgment entered in favor of the Spring Valley Lake Association (Association) determining the City of Victorville failed to comply with the California Environmental Quality Act (CEQA) and…

Justia Opinion Summary: In February 2014, defendant and another person entered a convenience store with a stolen credit card and attempted to buy gift cards valued at $50. Defendant pleaded no contest to commercial burglary under Penal Code…

Justia Opinion Summary: Older Brother, born in 2003, Sister, born in 2005, and Younger Brother, born in 2009, were removed from the custody of their mother in 2011. The juvenile court terminated reunification services to Mother later that year.…

Justia Opinion Summary: Petitioner, a 12-year-old child from Honduras who entered the United States without documentation, seeks to obtain "special immigrant juvenile" (SIJ) status under 8 U.S.C. 1101(a)(27)(J). In this case, the family court…

Justia Opinion Summary: Ochoa was the middleman in a drug ring supplying methamphetamine for the Nuestra Familia criminal street gang. In 2008, he and his suppliers were charged with conspiracy to distribute methamphetamine. The defendants…

Justia Opinion Summary: Mother had sole custody of the child, K.C., under a New York decree. Mother and her husband, J.S., petitioned the trial court to declare that the consent of G.C.S., the natural father, to the adoption is not required and…

Justia Opinion Summary: Appellant Eddie Dunley appealed a judgment extending his commitment as a mentally disordered offender (MDO). He contended that because persons subject to civil commitment after being found not guilty by reason of…

Justia Opinion Summary: An information alleged that in 2014, defendant Charles Brown committed two counts of resisting or attempting by threats and violence to deter an executive officer from performing a lawful duty. It also alleged that…

Justia Opinion Summary: E.G. was born in 2015 while his then 22-year-old mother, K.K. (mother), and 34-year-old father, R.G., were incarcerated. After his birth, mother arranged to have an unrelated female take E.G. home from the hospital.…

Justia Opinion Summary: Defendant shot Garcia multiple times in the chest and abdomen at a New Year’s Eve party. A jury found defendant guilty of attempted murder, assault with a firearm and dissuading a witness and found true firearm…

Justia Opinion Summary: Adrian Montgomery appealed a postjudgment order denying his application to have a felony conviction for cocaine possession redesignated under Penal Code section 1170.18, subdivision (f), the portion of Proposition 47…

Justia Opinion Summary: Hennessy manufactured and supplied brake arcing machines used to grind asbestos brakes. Rondon used Hennessy’s machines while working as a mechanic, 1965-1988. Rondon developed mesothelioma as the result of exposure to…

Justia Opinion Summary: Attorney Hassell obtained a judgment holding Bird liable for defamation and requiring her to remove defamatory reviews she posted about Hassell on Yelp.com. The judgment contained an order requiring Yelp to remove Bird’s…

Justia Opinion Summary: Defendant was convicted of battery with serious injury, and assault by means of force likely to produce great bodily injury. In the published portion of the opinion, the court held that CALCRIM No. 3472 (“Right to…

Justia Opinion Summary: Plaintiff San Diegans for Open Government (SDOG) submitted a public records request to City of San Diego for all e-mail communications pertaining to City's official business sent to or from the San Diego City Attorney…

Justia Opinion Summary: In 2010-2011, the San Francisco Unified School District employed 11 substitute teachers who worked on an as-needed basis and 15 paraprofessional classified employees. Each of the 26 employees received a letter during the…

Justia Opinion Summary: Sinclair was walking in Oakland when a man later identified as Hall began following her, then demanded her purse. When Sinclair did not respond, Hall pushed her into a parked car and said, “Let go of your purse, bitch.”…

Justia Opinion Summary: Mother appealed the juvenile court's order terminating her parental rights to her two children, arguing that the juvenile court should have applied the beneficial parent-child relationship exception pursuant to Welfare…

Justia Opinion Summary: After defendant bought the commercial building housing plaintiffs‘ rug cleaning business, disputes developed. The tenants complained that landlords behavior interfered with their business operations and amounted to a…

Justia Opinion Summary: William E. Rice and others filed suit against Attorney Gary P. Downs for legal malpractice, breach of fiduciary duty, and breach of a written agreement Downs drafted to govern a limited liability corporation he formed…

Justia Opinion Summary: Defendant appealed the denial of his application under Proposition 47, Penal Code 1170.18, to have his 1999 felony conviction for possession of a controlled substance reclassified as a misdemeanor. The court rejected…

Justia Opinion Summary: Defendant Luke Garlinger robbed a motel clerk at gunpoint and threatened to shoot her if she did not comply with his demands. He was convicted by jury of second degree robbery and making a criminal threat, and also found…

Justia Opinion Summary: Defendant Jerad Potts was convicted by jury of, inter alia, escape from his home detention program. He was sentenced to an eight-month term on the escape conviction as part of an aggregate term of four years eight…

Justia Opinion Summary: Brett Bertsch tragically died while skateboarding with his brother in the resort town of Mammoth Lakes. The two were traveling downhill at a “pretty fast” speed, and without helmets, when the front wheels of Brett’s…

Justia Opinion Summary: Defendant appealed from her conviction of two counts of first degree robbery with personal use of a knife and while a principal was armed, one count of criminal threats involving the personal use of a knife, one count of…

Justia Opinion Summary: 222 plaintiffs, homeowners, in 22 related mass actions against various financial institutions and mortgage loan servicers, appeal from an order dismissing those actions after the trial court sustained without leave to…

Justia Opinion Summary: Defendant appealed the judgment entered following resentencing on the sole remaining felony conviction in the instant case. After the other felony convictions comprising the aggregate sentence had been reduced to…

Justia Opinion Summary: The trial court granted anti-SLAPP motions, Code of Civil Procedure section 425.16, against a city‘s exclusive agent in its action for breach of, and interference with, the agency contract and related causes of action.…

Justia Opinion Summary: This case arose when petitioner challenged his conviction for failing to stop at a red light by arguing that the city failed to comply with the Vehicle Code. Petitioner subsequently filed a motion seeking attorney's fees…

Justia Opinion Summary: The City of San Diego and its city council (City) were subject to the Ralph M. Brown Act, including Gov. Code section 54954.3. The Center for Local Government Accountability (Center) filed this litigation to determine…

Justia Opinion Summary: Moreno was arraigned for felony domestic violence and false imprisonment. The court issued a domestic violence protective order and set bail. Bankers issued a bail bond of $50,000 to secure Moreno‟s release. Moreno…

Justia Opinion Summary: In 2008, a female tenth-grade student took a cookie pie to firefighters. Seibert gave her a tour of the station and took a picture of her next to a fire engine and obtained her e-mail address to send her the picture. An…

Justia Opinion Summary: Jane told her mother that her father had sexually abused her. Defendant admitted the abuse and the abuse stopped. Months later, Jane‟s mother called 911 after defendant became “very drunk ... very aggressive.” Jane told…

Justia Opinion Summary: Defendant was convicted of misdemeanor petty theft by plea. At the time of the theft, she was on probation in an unrelated Vehicle Code case. Her probation was revoked and reinstated in the earlier case and probation was…

Justia Opinion Summary: In this marital dissolution case, the trial court found four investment accounts held in joint title by wife Billie Miller and husband Dane Cooper during their marriage to be wife's separate property. The trial court…

Justia Opinion Summary: Defendant was released from prison and placed on postrelease community supervision under Penal Code 3456, supervised by Contra Costa County probation officer Concepcion. Defendant was subject to warrantless searches of…

Justia Opinion Summary: Plaintiffs filed suit against the Archdiocese for damages after plaintiffs were molested as two teenage boys by a monsignor in the Catholic church. Insurance Code section 11583 tolls the statute of limitations period…

Justia Opinion Summary: Police stopped Delconte’s vehicle, in which Nice was a passenger, for failing to signal before a turn and for speeding. Both appeared to be under the influence of a stimulant. Nice admitted upon questioning that they had…

Justia Opinion Summary: California’s Online Privacy Protection Act of 2003 (OPPA), under the unfair competition law (Bus. & Prof. Code 17200 et. seq.), addresses the obligations of an operator of a commercial Web site or online service…

Justia Opinion Summary: Lehman was convicted of multiple counts of committing a lewd and lascivious act against a child under the age of 14 (Pen. Code, 288(a), multiple counts of committing a lewd and lascivious act against a child age 14 to 15…

Justia Opinion Summary: This dispute arose when Financial Casualty posted bond for Damon Christoph Sandoval's release from custody. The parties dispute whether the statutory scheme regarding bail bonds deprived the trial court of jurisdiction…

Justia Opinion Summary: While repeatedly shouting “Nortes” or “Nortenos,” defendants Salvador Benjamin Vasquez, Jr., Jose Antonio Duran, and Joseph Vincent Sisneros violently assaulted and robbed a stranger in a business parking lot and then…

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…

Justia Opinion Summary: Attorney Baxter and his former clients, the Bocks, participated in arbitration under the Mandatory Fee Arbitration Act (Bus. & Prof. Code, 6200), stipulating to be bound by the result. In his decision, the arbitrator…

Justia Opinion Summary: California Department of Corrections and Rehabilitation (CDCR) gave notice it intended to discipline its employee, parole agent Shiekh Iqbal (real party in interest), for unauthorized use of government resources to…

Justia Opinion Summary: Defendant Michael Smith appealed the summary denial of his Proposition 47 resentencing petition. Using the Superior Court’s standard petitioning form, Smith sought to have two felony second degree commercial burglary…

Justia Opinion Summary: In 2008, real party in interest (the State) charged petitioner Patrick Jackson with a violation of section 288, subdivision (b), under case No. INF061963 based on conduct that allegedly occurred on May 3, 2008. On July…

Justia Opinion Summary: It was undisputed defendant-respondent Diane Harkey met Code of Civil Procedure section 1032’s definition of a prevailing party. Plaintiffs-appellants however, contended the trial court erred in awarding Harkey her costs…

Justia Opinion Summary: Sergeant Deras stopped defendant for speeding, then determined there were no warrants outstanding, defendant’s license was valid, and he was not on probation or parole. Defendant was registered as a sex offender. Deras…

Justia Opinion Summary: Defendants Aleman and Medrano were convicted of first degree murder and other criminal offenses. The court rejected Medrano's contention that the prosecution, motivated by group bias, removed six prospective jurors by…

Justia Opinion Summary: A jury found defendant guilty of one count of sodomy of a person under age 10; two counts of oral copulation with a person under age 10; and two counts of lewd acts on a child. The jury also found true that both counts…

Justia Opinion Summary: In this case, the juvenile court at the dispositional hearing determined that Ivan N. (the minor), who had admitted to a felony sex offense, should have been placed out of his home for treatment in a community-based…

Justia Opinion Summary: Plaintiff-appellant People for Proper Planning (PFPP) appealed the denial of its petition for peremptory writ of mandate and complaint for declaratory and injunctive relief filed against defendants-respondents City of…

Justia Opinion Summary: Defendant appealed from the denial of his Penal Code section 1016.5 motion to vacate his nolo contendere plea for felony sexual battery. Prior to defendant’s plea, former Deputy District Attorney Teresa Sullivan, twice…

Justia Opinion Summary: Plaintiff Uriel Jimenez was injured at a middle school within defendant Roseville City School District. The 14-year old Jimenez was in a classroom where fellow middle school students were purportedly practicing break…

Justia Opinion Summary: Defendant Allen Silva plead no contest to a number of felony offenses and one misdemeanor petty theft charged in connection with two separate events. The parties agreed to a maximum sentence of six years eight months.…

Justia Opinion Summary: Vladislav Kroutik appealed a domestic violence restraining order against him in favor of Elena S., contending that the order was void because he did not stipulate to a commissioner for adjudication of the matter. The…

Justia Opinion Summary: In this action for wrongful foreclosure, the homeowner, Monica Sciarratta, alleged that as a result of a void assignment of her promissory note and deed of trust, the entity that conducted a nonjudicial foreclosure sale…

Justia Opinion Summary: Deegan was convicted of three felony counts: assaulting a park ranger with a deadly weapon other than a firearm, assaulting a police officer with a deadly weapon, and forcibly resisting three police officers based on…

Justia Opinion Summary: Hennessy manufactured and supplied brake shoe arcing machines, (grinders) used to grind asbestos brakes. Hetzel allegedly used its grinder while working as a mechanic from 1958 to 1962 and alleged Hennessy knew or should…

Justia Opinion Summary: Petitioner seeks to have his 1995 felony conviction designated as a misdemeanor pursuant to Proposition 47, Penal Code section 1170.18. The trial court granted the petition to redesignate petitioner's conviction, but…

Justia Opinion Summary: Defendant was convicted of first degree murder and the jury found true an allegation that he personally used a weapon. The court agreed with defendant's contention that the trial court violated his constitutional rights…

Justia Opinion Summary: Defendants McEntire and Rodriquez were convicted of charges related to their illegal gang activities. The court concluded that there was sufficient evidence to support defendants' conviction on count 8 for actively…

Justia Opinion Summary: In this case the competent spouse, Lynn Bower unquestionably paid for the support and maintenance of her conservatee husband David. In fact she devoted about 72 percent of the couple’s $200,000 marital estate income to…

Justia Opinion Summary: Plaintiff, by and through her mother and guardian ad litem, filed suit against Sony, alleging that her prenatal exposure to toxic substances caused her to suffer birth defects and permanent injuries. Plaintiff was born…

Justia Opinion Summary: In 1997, Jason Berg was sentenced to life without the possibility of parole (LWOP) for committing a first degree murder with special circumstances when he was 17 years old. In 2014, Berg petition for habeas relief…

Justia Opinion Summary: Defendant-appellant Omar Mariscal was charged with five counts of raping his daughter when she was 15 years old and three counts of committing lewd and lascivious conduct against her when she was 10 years old. The last…

Justia Opinion Summary: Defendant obtained a degree in computer science in Nigeria and a Ph.D. in Canada. In 2013, defendant got a job and moved to Santa Clara, without his wife of 12 years and three children. In 2014, defendant called 911…

Justia Opinion Summary: Coblentz, a law firm partner, died in 2010. Coblentz served for many years as a trustee for the McClatchy Trust before resigning in 2009. In 2012, one of the Trust’s beneficiaries filed a Petition for Relief from Breach…

Justia Opinion Summary: This appeal was one of six related cases arising out of a proposed project to pump fresh groundwater from an underground aquifer in the Mojave Desert (the Project). The aquifer was located below real property owned by…

Justia Opinion Summary: This appeal was one of six related cases arising out of a proposed project to pump fresh groundwater from an underground aquifer in the Mojave Desert (the Project). The aquifer was located below real property owned by…

Justia Opinion Summary: In 2004, Brown obtained a $450,000 loan secured by a deed of trust recorded against her Oakland property, identifying Washington Mutual as the lender and beneficiary and CRC as the trustee. Washington Mutual failed in…

Justia Opinion Summary: Defendant challenged his state prison sentence imposed after a contested a violation proceeding under Penal Code section 1203.2, subdivision (a). The court affirmed the finding that defendant violated the terms of his…

Justia Opinion Summary: Lupe Garcia, an employee of Gerawan, requested the Board‘s permission to attend and peaceably observe the mandatory mediation and conciliation (MMC) process that had been ordered between Gerawan and United Farm Workers…

Justia Opinion Summary: An adult student filed suit against the District and Igor Daza, a guidance counselor employed by the District, alleging Daza sexually assaulted her when she went to his office for counseling services (the main lawsuit).…

Justia Opinion Summary: In 2003, defendant Tony Johnston entered guilty pleas to unlawful possession of a firearm (case No. F2763), and to first degree burglary, unlawfully taking or driving a vehicle, and arson of a vehicle (case No. F2825).…

Justia Opinion Summary: In 2010, Roach was acting erratically and under the influence of drugs or alcohol in a Novato liquor store; witnesses saw a handgun in his waistband. He had stolen jewelry and bullets in his possession when he was…

Justia Opinion Summary: Education Code section 17406 governs lease-leaseback construction agreements. Plaintiffs filed suit alleging that the lease-leaseback agreements entered into by defendants were a sham to avoid the competitive bid process…

Justia Opinion Summary: A jury found defendant John Fruits guilty of elder abuse (count one), assault with a deadly weapon (count two), making criminal threats (count three), exhibiting a deadly weapon (count four), and attempting to dissuade a…

Justia Opinion Summary: The amended information in this matter charged defendant Travis Brown with one count each of murder (count one) and active participation in a criminal street gang (count two). It alleged the murder was for the benefit of…

Justia Opinion Summary: Defendant, a board certified gynecologist who practiced cosmetic surgery, appealed his conviction for involuntary manslaughter. Defendant performed liposuction procedures in a room in his medical office, which was not an…

Justia Opinion Summary: Mother Jessica O. and Father Scott O. were the parents of D.O. Mother had three older children (Je.O., Y.O, and Jo.O., collectively, Siblings) by another father. The San Diego County Health and Human Services Agency…

Justia Opinion Summary: In 2007, the Sonoma County project’s owner sued Hearn, the general contractor, Second Generation, the roofer, and other subcontractors for design and construction defects. Hearn cross-complained against Second Generation…

Justia Opinion Summary: Li is a 78-year-old Chinese-American, with limited English and experience with the legal system. Attorney Yan became a member of the bar in 2008. Ignoring blatant conflicts of interest, beginning in 2007, Yan advised and…

Justia Opinion Summary: Phillips & Cohen, a law firm, issued a celebratory press release following the verdict in false claims act litigation in which the jury found J-M had knowingly misrepresented to Phillips & Cohen’s governmental clients…

Justia Opinion Summary: Appellant filed a personal injury suit after she was hurt in a hay bale accident. In this case, the trial court dismissed with prejudice the complaint for personal injuries during jury trial as a sanction for repeated…

Justia Opinion Summary: Albert Matthews settled his workers’ compensation claim against his employer and others in a structured settlement approved by the Workers’ Compensation Appeals Board. Matthews obtained an award in his workers’…

Justia Opinion Summary: In 2001, BioEnterics obtained FDA approval for the Lap-Band, “designed to induce weight loss in severely obese patients by limiting food consumption" by creation of a small gastric pouch. The FDA indicated that the…

Justia Opinion Summary: The family court determined appellant Bruce Frencher, Sr., owed $11,083.84 in child support arrears. Frencher contends the family court erred in its calculation because the excess Social Security derivative benefits paid…

Justia Opinion Summary: Rita Patel appealed the trial court’s dismissal of her case after granting terminating sanctions striking her complaint under Code of Civil Procedure section 128.7. The court concluded Patel filed the complaint for an…

Justia Opinion Summary: Cummins installed asbestos containing products in California and had received hundreds of asbestos bodily injury claims, including many lawsuits, based on exposure to its asbestos containing materials. Cummins purchased…

Justia Opinion Summary: In 2012, J.C., a minor. admitted to second-degree​ burglary by shoplifting (Penal Code 459 & 460(b)), then a felony. In 2014, the electorate passed Proposition 47, the Safe Neighborhoods and Schools Act, which reduced…

Justia Opinion Summary: Plaintiff sought a writ of mandate to compel the County to reduce the fees it charges for copies of official records. The trial court denied the writ, concluding that the County’s board of supervisors did not abuse its…

Justia Opinion Summary: John Valdez appealed an order denying his petition for recall of his indeterminate life sentence and resentencing in accordance with the Three Strikes Reform Act. Although the trial court determined appellant was…

Justia Opinion Summary: In 2008, the LLCs acquired the parcels, south of Half Moon Bay in San Mateo County, bounded by Highway 1 and the Pacific Ocean. They include Martin’s Beach, bounded to the north and south by high cliffs. Other than by…

Justia Opinion Summary: The single mother of five children, 8 to 15 years old, struggled with abusive relationships, homelessness and unemployment. They lived primarily in Marin County from 2000 until they moved to Richmond in 2009. In 2015,…

Justia Opinion Summary: Plaintiff, a board certified obstetrician and gynecologist who was appointed to Sierra Vista’s medical staff, was denied reappointment to her position due to alleged concerns about her fitness for practice. In this…

Justia Opinion Summary: John F. Stephens and Razmik B. Ekmekdjian appealed an order denying a motion to strike two causes of action in a second amended complaint for damages filed by Yasser and Daria Abuemeira. The Abuemeiras filed suit after…

Justia Opinion Summary: Carlos Ivan Rodas, who worked as a dishwasher at Guido’s, died from a pulmonary hemorrhage while taking out the garbage at work. Rodas’s arteries were prone to bleed because of lesions caused by tuberculosis. Dr.…

Justia Opinion Summary: Mother C.S. appealed an order awarding sole custody of her children to Father A.G. Mother argued the trial court erred by: (1) not basing its order on the children’s best interests; (2) committing prejudicial evidentiary…

Justia Opinion Summary: Defendant was convicted of felony drug possession and admitted to probation. While his appeal was pending, voters enact Proposition 47, The Safe Neighborhoods and Schools Act, Penal Code section 1170.18. At issue is…

Justia Opinion Summary: Plaintiffs, homeowners, filed an inverse condemnation action against the City, seeking damages and injunctive relief based upon impairment of the views from their backyards by coastal redwood trees the City planted in…

Justia Opinion Summary: Defendant Dawson McGehee stabbed his mother ten times in the neck, chest, and abdomen with a kitchen knife; eight of the stab wounds were independently fatal. By all accounts, defendant was mentally disturbed when he did…

Justia Opinion Summary: The issue presented for the Court of Appeal's review was whether an appellate court was required to independently review an appellate record for the existence of meritorious issues in a matter where the superior court…

Justia Opinion Summary: The Danielses obtained a $650,000 adjustable rate loan secured by a deed of trust on their Santa Cruz residence. When their interest rate adjusted upward, they spent years in unsuccessful attempts to obtain a loan…

Justia Opinion Summary: On June 13, 2011, Sanford was injured when a car driven by 17-year-old Jacy ran a stop sign and struck his motorcycle. The car was owned by Jacy’s father, William. On February 20, 2013, Sanford filed suit against the…

Justia Opinion Summary: This case stems from a dispute relating to the Leland C. Babbitt and Mary Lynne Babbitt Family Trust. In In re Estate of Giraldin, the California Supreme Court held that when the settlor of a revocable trust appoints,…

Justia Opinion Summary: Defendant Charles Steele pleaded no contest to possession of methamphetamine and admitted a prior strike allegation after the trial court denied his motion to suppress evidence. The trial court sentenced defendant to six…

Justia Opinion Summary: Pelican Bay State Prison (PBSP) inmate Gomez, classified as a violent felon when he arrived in 2000, was relocated to solitary confinement, where he stayed for more than a decade. He is one of many California prisoners…

Justia Opinion Summary: Dreher had been a maintenance supervisor at an Alliance apartment complex for 74 days when he slipped and fell on concrete walkway in the complex in the rain. Dreher sustained a fractured pelvis and injuries to his neck,…

Justia Opinion Summary: Plaintiff appealed the trial court's grant of summary judgment in favor of James Cameron and Lightstorm Entertainment, Inc. on claims that defendants fraudulently expressed interest in developing plaintiff’s science…

Justia Opinion Summary: After plaintiff filed suit against defendants for wrongful termination and whistleblower retaliation, defendants petitioned to compel arbitration pursuant to plaintiff's employment agreement and associated documents. The…

Justia Opinion Summary: Defendant appealed the revocation of her Post Release Community Supervision (PRCS) and 140 day jail sentence. Defendant alleged that her due process rights were violated because she was not arraigned within 10 days of…

Justia Opinion Summary: Plaintiff filed a putative class action against E.M.E. for violations of state labor laws. The trial court granted plaintiff's motion for class certification and then granted summary judgment for E.M.E. on plaintiff's…

Justia Opinion Summary: While on patrol in his official capacity as a police officer in West Sacramento, defendant Sergio Alvarez induced five women he encountered to provide him sexual favors, often to avoid being taken to jail. A jury…

Justia Opinion Summary: Defendants Marquon Deanthony Vasquez and Shoreen Dominique Bryant were tried together in front of separate juries for murder and attempted murder with allegations these crimes were committed for the benefit of a street…

Justia Opinion Summary: After Diagnostics obtained a judgment against plaintiff, plaintiff filed a Claim of Exemption seeking a judicial declaration that seven of his Fidelity Investments accounts were exempt from levy. The court held that the…

Justia Opinion Summary: Defendant CarMax Auto Superstores California LLC (CarMax) advertised and sold cars as "certified" used vehicles. It sold a 2008 used Jeep Wrangler to plaintiff Jessica Brooks. CarMax had promoted the Jeep as a certified…

Justia Opinion Summary: A jury convicted Timothy Busch in 1989 of second degree murder of his girlfriend's two-year-old daughter. The court sentenced him to an indeterminate term of 15 years to life in prison. He was first eligible for parole…

Justia Opinion Summary: In 2000, defendant Michael Caraballo and a co-defendent Mark Kirksey entered a bank, but left after waiting for about 15 minutes. Police officers were stationed nearby; they had received a tip about defendant’s and…

Justia Opinion Summary: One of the cases (consolidated on appeal) was filed by nonprofit associations and guardians ad litem for minor public school students, one adult taxpayer and homeowner and two adult taxpayers and homeowners who are…

Justia Opinion Summary: Mother challenged the juvenile court's jurisdiction orders that adjudged two minors, Mia and Angel, to be dependents of the court. Mother has three children: Destiny (now deceased), Mia, and Angel. The court concluded…

Justia Opinion Summary: A jury acquitted defendant Bryce Nicholes of attempted murder, but found him guilty of the lesser included offense of attempted voluntary manslaughter (count 2). It also found him guilty of assault with a firearm (count…

Justia Opinion Summary: Defendant appealed his multiple felony convictions arising from his theft of nine metal urns containing the cremated remains of 11 people. Defendant argued on appeal that he cannot be convicted of more than one count of…

Justia Opinion Summary: In April 2009, appellant Sidney Landau was committed to the Department of State Hospitals (DSH) for an indeterminate term as a sexually violent predator (SVP). While that appeal was pending, appellant received an annual…

Justia Opinion Summary: AT&T sought to acquire T-Mobil, then a subsidiary of Deutsche Telekom, and merge its operations and infrastructure into itself. For months after the proposal was announced, the Federal Communications Commission (FCC),…

Justia Opinion Summary: Fiu and gang members were on Fiu’s Richmond porch, drinking alcohol. A gang fight broke out. The Fiu group left Espinoza lying on the ground, apparently still alive, and returned to the porch. Johnson, who apparently…

Justia Opinion Summary: Defendant was convicted of possession of methamphetamine while armed with a firearm, possession of a firearm by a felon, and possession of methamphetamine. Defendant was sentenced to an aggregate prison sentence of five…

Justia Opinion Summary: The victim, Jane Doe, was at a friend’s house drinking alcohol and smoking marijuana and methamphetamine. She had been “high” on methamphetamine for the past three days. Jane Doe left her friend’s house and walked to…

Justia Opinion Summary: A jury found Michael Lucero guilty of murder, second degree robbery, and assault with a semi-automatic firearm. The jury also found true an allegation that Lucero committed the murder during the course of a robbery. In…

Justia Opinion Summary: The Almanor Lakeside Villas Owners Association sought to impose fines and related fees of $19,979.97 on the Carsons for alleged rule violations related to the Carsons’ use of their properties as short-term vacation…

Justia Opinion Summary: The child's ("Isabella G.") father and paternal grandparents appealed the denial of the grandparents' petition for placement of the child. The father also appealed the termination of his parental rights. This case…

Justia Opinion Summary: Appellant Eddie Dunley appealed a judgment extending his commitment as a mentally disordered offender (MDO). He contended that because persons subject to civil commitment after being found not guilty by reason of…

Justia Opinion Summary: In 2011, Grays was charged for the first-degree murder of Brown with the use of a firearm; being a felon in possession of a firearm, and receiving stolen property. In 2013, a jury acquitted Grays of first-degree murder,…

Justia Opinion Summary: Appellant C. Tucker Cheadle, as administrator of the estate of Robert F. Obarr, appealed an order denying his motion to disqualify counsel for respondent DP Pham LLC. Pham made three loans to Obarr totaling nearly $3…

Justia Opinion Summary: Plaintiffs, nine students who were attending California public schools filed suit against the State and several state officials, seeking a court order declaring various provisions of California’s Education Code…

Justia Opinion Summary: Defendant appealed his convictions for murder and attempted murder arising from an incident at a party during which he shot two people, killing one and wounding the other. The court concluded that the trial court erred…

Justia Opinion Summary: In 2005, Crossroads Investors, L.P. borrowed $9 million subject to a promissory note. The note was secured by a deed of trust recorded against an apartment building Crossroads owned in Woodland. Defendant Federal…

Justia Opinion Summary: Jose Lopez sued the national Jehovah's Witnesses organization, Watchtower Bible and Tract Society of New York, Inc. (Watchtower), alleging his Bible instructor sexually abused him in 1986 when he was a child. Lopez…

Justia Opinion Summary: The issue at the heart of this dispute concerned the ownership of property formerly owned by decedent Kenneth Liebler. Liebler's daughter, appellant Melanie Carne (as putative successor trustee to the Kenneth Liebler…

Justia Opinion Summary: In 2013 and 2014, minor Y.A. had two petitions filed against her alleging offenses for unrelated incidents. For each petition, she was adjudged a ward of the juvenile court and placed on probation. Y.A. satisfactorily…

Justia Opinion Summary: Defendants Weddington, Nunnery, and Bashir appealed their convictions for various crimes committed as a member of the “Seven Trey Gangster Hustler Crip” criminal street gang. The court concluded that substantial evidence…

Justia Opinion Summary: Plaintiff, a salesman for Kaiser Refractories, filed suit against manufacturers and suppliers of asbestos-containing products, including Foster Wheeler, a manufacturer of industrial boilers insulated with refractory,…

Justia Opinion Summary: Karpinski sued, alleging that Smitty’s Sausalito bar negligently allowed two intoxicated men to enter and remain in the bar, and that the men punched Karpinski in the head, causing serious injuries. After court-ordered…

Justia Opinion Summary: Two insurers shared indemnification costs to settle claims made against mutual insureds in a construction defect litigation brought by third parties. One insurer, defendant Arch Specialty Insurance Company (Arch),…

Justia Opinion Summary: This case arose under California's Unclaimed Property Law (UPL). Plaintiff Vanacore and Associates, Inc., dba Vanacore International (Vanacore) was a private investigation firm that specialized in the recovery of…

Justia Opinion Summary: In 2015, a felony complaint was filed in Nevada County Superior Court to charge petitioners with one count of possession of cash money in excess of $100,000 for unlawful purchase or sale of marijuana. The face of the…

Justia Opinion Summary: Petitioner sought an order directing personnel at the CCI in Tehachapi, California to process his inmate grievances in accordance with applicable regulations. The trial court determined that habeas corpus relief was a…

Justia Opinion Summary: Uncle, the half-brother of the child’s biological father, supported mother after father abandoned her during the pregnancy and has been very involved in the child’s care. Father has had very little interaction with the…

Justia Opinion Summary: In 2010, 15-year-old Turner fired a gun at a group of young men, killing Allen, and grazing two others. Turner knew the victims from high school. A jury convicted Turner of second degree murder (Pen. Code, 187(a)), and…

Justia Opinion Summary: Plaintiff appealed from a judgment on the pleadings entered in favor of SunTrust on her complaint for wrongful foreclosure. The trial court ruled that the action was barred by a South Carolina judicial foreclosure…

Justia Opinion Summary: Defendant California Department of Forestry and Fire Protection (Cal Fire) employed plaintiff Corey Baughn as a firefighter at its Mendocino Unit. In 2009, Cal Fire terminated him for sexually harassing a female…

Justia Opinion Summary: In 2008, a jury convicted petitioner Jesus Lopez of one count of first degree murder and one count of street terrorism. As to count 1, the jury found true a vicarious firearm use enhancement and a criminal street gang…

Justia Opinion Summary: The juvenile court found true allegations that 17-year-old Jorge G. committed public intoxication, a misdemeanor, and minor in possession of tobacco, an infraction. Jorge argued on appeal that: (1) there was insufficient…

Justia Opinion Summary: The principal of a Pleasanton high school observed that P.O., who was then 17 years old, appeared to be under the influence of drugs. P.O. admitted to using hashish oil earlier that morning, and a search revealed 11…

Justia Opinion Summary: USC found that John Doe violated USC's student conduct code as a result of his participation in a group sexual encounter at a fraternity party. Another student (Jane) alleged that she had been sexually assaulted by a…

Justia Opinion Summary: Defendant Kevin Eagle appealed the trial court's denial of his motion to vacate his conviction for transporting methamphetamine. He contended that if the transportation was not for sale, his felony conviction for…

Justia Opinion Summary: Defendant-appellant C.K. (father) appealed the juvenile court's disposition order removing his child, A.K., from his custody after declaring her to be a dependent of the court. He argued on appeal that the evidence…

Justia Opinion Summary: This case involves a dispute over property that belonged to the Diocese before its disaffiliation with the Episcopal Church. The trial court ruled in favor of the Protestant Episcopal Bishop of San Joaquin, the Diocese,…

Justia Opinion Summary: The County filed suit against defendants seeking to enjoin the operation of a medical marijuana dispensary in an unincorporated area of Kern County. Defendants appealed the trial court's grant of a preliminary…

Justia Opinion Summary: In 2009, Monterey County charged defendant with: felony possession of heroin; misdemeanor possession of a hypodermic needle; and misdemeanor possession of controlled substance paraphernalia, and later charged him ,in a…

Justia Opinion Summary: After plaintiff was terminated for refusing to work a shift that did not permit him to be home in time for his son's dialysis, plaintiff filed suit against DHE alleging claims for disability discrimination, failure to…

Justia Opinion Summary: Defendant Santiago Sanchez was convicted by jury of four sex offenses: one count of sexual penetration, one count of attempted sexual intercourse, and two counts of lewd or lascivious conduct. These acts were committed…

Justia Opinion Summary: Plaintiffs and appellants Rosemary Morgan and Michelle Luna (collectively plaintiffs) were the widow and daughter, respectively, of decedent Mike Morgan. Morgan suffered fatal injuries when defendant Thomas Durnin…

Justia Opinion Summary: Defendant pleaded guilty to felony possession of methamphetamine. The court suspended imposition of sentence and imposed five years’ probation. Months later, the state sought revocation of probation on grounds defendant…

Justia Opinion Summary: Appellants Gonzalez, Estrada, and Garcia appealed from their conviction and sentence for felony murder. The court concluded that the record supports the trial court’s admission of the percipient witness’s remarks as…

Justia Opinion Summary: Defendant admitted he had violated his felony probation in this case by committing another crime in a new case and was sentenced in both cases to an aggregate three-year term in county jail. After the passage of…

Justia Opinion Summary: Both defendant Robert Jones and the Attorney General appealed after a jury convicted defendant of residential burglary, receiving stolen property, and resisting a peace officer and the trial court sentenced him to an…

Justia Opinion Summary: The San Diego Housing Commission (Commission) was a local public agency subject to the Meyers-Milias-Brown Act (Act). The Commission and Service Employees International Union, Local 721 (Union) reached an impasse in…

Justia Opinion Summary: A jury convicted James Michael Poisson of mayhem and battery with serious bodily injury. The trial court sentenced Poisson to prison for 12 years, consisting of eight years for mayhem and four years for battery with…

Justia Opinion Summary: The County of Riverside (County) was a local public agency subject to the Meyers-Milias-Brown Act (Act). The County implemented a new background check policy requiring information technology employees represented by the…

Justia Opinion Summary: A jury convicted Leonel Reyes of (1) forcible oral copulation; (2) forcible rape; (3) lewd acts upon a child under the age of 14; and (4) first degree burglary. The jury found true allegations that the crimes of counts 1…

Justia Opinion Summary: Alana, three years old, was camping with her family in Portola Redwoods State Park when a tree fell on their tent and hit her head, resulting in brain damage. Alana sued. The trial court granted summary judgment in favor…

Justia Opinion Summary: Defendant Richard Ybarra appealed after he was convicted by jury on multiple counts related to two incidents: a group attack on a fellow prison inmate and a separate battery by gassing on a correctional officer. A jury…

Justia Opinion Summary: In 2013, the Legislature adopted Labor Code section 1782, which prohibits a charter city from receiving or using state funding or financial assistance for a public construction project if the city has a charter provision…

Justia Opinion Summary: The "Olson I" opinion examined the extent to which the 1976 amendment to the then-existing Government Code section 68203 aimed at placing a limit on cost of living adjustments (COLA's) for the salaries payable to active…

Justia Opinion Summary: Defendant appealed his sentence after being convicted of several counts related to the sexual assault of the victim, C. Penal Code section 1170.15 provides that if a defendant is convicted of a felony, and he or she is…

Justia Opinion Summary: Plaintiff appealed the denial of his petition for writ of mandate which he sought to overturn the Commission's decision upholding his dismissal as the County’s labor relations manager. The court concluded that the trial…

Justia Opinion Summary: Appellant filed suit against Farmers, contending that as a district manager for Farmers he had been wrongfully classified as an independent contractor rather than an employee, that he had been wrongfully terminated, and…

Justia Opinion Summary: In March 2013, George Fenimore, Jr. fell and suffered an injury as a patient at Resnick Neuropsychiatric Hospital and never recovered. George died in July 2013. Plaintiffs filed suit against the Hospital, alleging claims…

Justia Opinion Summary: Petitioners seek a writ of mandate enjoining WCAB from enforcing two recently enacted provisions of the Labor Code, sections 4903.05 and 4903.8. Petitioners contend that section 4903.05, which imposes a filing fee of…

Justia Opinion Summary: A jury convicted defendant Daniel Rogers of (count 1) inflicting corporal injury to a cohabitant/child’s parent, (count 2) false imprisonment by violence or menace, (count 3) assault with force likely to produce great…

Justia Opinion Summary: Defendant Rolando Esteban Sanchez was convicted and sentenced on a number of felony convictions in this matter. The court originally sentenced him to an aggregate term of 63 years to life. A consecutive sentence of one…

Justia Opinion Summary: Kimberly Kirchmeyer, as Executive Director of the Medical Board of California (the Medical Board), launched an investigation of Geoffrey Phillips, M.D., a licensed psychiatrist, based on a complaint that Phillips had…

Justia Opinion Summary: A firearm was discovered at the minor’s school. School administrators suspected his involvement, and in the course of questioning him, they seized and searched the minor’s cell phone. Interspersed with the text messages…

Justia Opinion Summary: Father appealed the juvenile court's jurisdiction and disposition orders over H.R. The court concluded that substantial evidence supported the juvenile court's determination that father was H.R.'s alleged but not…

Justia Opinion Summary: A jury found defendant Bradley Zaun guilty of three counts of burglary, two counts of attempted burglary, and one count of receiving stolen property. On appeal, defendant challenged only the two convictions for attempted…

Justia Opinion Summary: The Union of Medical Marijuana Patients, Inc. (UMMP) appealed the trial court's denial of its petition for writ of mandate seeking to set aside under the California Environmental Quality Act (CEQA) an ordinance…

Justia Opinion Summary: Ling's employment as a Monterey restaurant manager was terminated. Her position was classified as exempt under Industrial Wage Order 5-2001(1)(B)(1), from overtime compensation and mandated meal periods. Ling sued,…

Justia Opinion Summary: In 1998, officers saw defendant urinating behind a San Jose store. Officers believed defendant dropped something on the ground and discovered a bag containing 0.19 grams of cocaine near where he had been standing.…

Justia Opinion Summary: Defendant’s wife, the subject of a protective order, riding a bus, eported defendant following the bus in a car. Officers stopped defendant, smelled alcohol, saw beer cans in plain view, searched the car, and found empty…

Justia Opinion Summary: Defendant was charged with first degree premeditated murder (count 1), being a felon in possession of a firearm based on the murder weapon (count II), and other felony offenses. The jury was unable to reach a verdict on…

Justia Opinion Summary: Defendant was convicted of two counts of forcible oral copulation, and the lesser included offense of simple kidnapping. The court concluded that the evidence was sufficient to support the aggravated kidnapping…

Justia Opinion Summary: Defendant plead guilty to driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a). On appeal, defendant challenged the denial of her petition for recall and resentencing under Proposition…

Justia Opinion Summary: Pursuant to Public Contract Code section 7107, when a project owner pays a direct contractor the amount it had previously withheld as retentions, the direct contractor must pay its subcontractors their share of the…

Justia Opinion Summary: At issue in this appeal was the interpretation and administration of the Donald W. Callender Family Trust (Trust), executed by Donald Callender (Donald) as the settlor and original trustee in 2003. The trust held assets…

Justia Opinion Summary: Defendant was found guilty of aggravated kidnapping, rape in concert, oral copulation in concert, and robbery, and the jury found firearm and kidnapping allegations true as to each count. Defendant appealed, contending…

Justia Opinion Summary: Care West and Ullico, two insurers, were jointly and severally liable for claims arising from an employee’s workplace injury. In a compromise and release agreement, they settled the employee’s claims and apportioned…

Justia Opinion Summary: A school district is entitled to levy fees on new residential construction. Government Code section 66020 applies to partial refunds of fees paid, such as the refund sought by appellant. At issue in this appeal is…

Justia Opinion Summary: In 1993, Latrice Rubenstein was a high school student. That year, her cross-country and track coach (coach) began sexually molesting her. Coach was an employee of Doe 1, a public entity (defendant). In early 2012, when…

Justia Opinion Summary: Defendant Wade Bush appealed an order denying his petition to reduce to misdemeanors his felony convictions for theft from an elder and receiving stolen property pursuant to Proposition 47, the Safe Neighborhoods and…

Justia Opinion Summary: Chamul’s daughter, was born in December 2006. Chamul and his wife, K.S. separated in 2010, after Chamul, who was a master sergeant in the Air Force, returned from a deployment. After the separation, daughter stayed with…

Justia Opinion Summary: Plaintiffs and proposed class representatives Jeffrey Schermer, David Moravee, Tom Fisher, Janice Wenhold, Karen Vielma, Gloria Carruthers and George Rivera (collectively plaintiffs) appealed an order sustaining a…

Justia Opinion Summary: Petitioner California Cannabis Coalition, a California nonprofit corporation, and Nicole De La Rosa and James Velez (collectively, CCC), appealed after a trial court denied CCC’s petition for writ of mandate. CCC’s writ…

Justia Opinion Summary: Sonoma County charged Smith with felony possession of heroin. Months later, failing to meet the conditions of diversion, he entered a plea of not guilty, invoking his right to a preliminary hearing “at the earliest…

Justia Opinion Summary: Plaintiff, on behalf of himself and a putative class of California consumers who purchased flower arrangements through Provide's website, ProFlowers.com, filed suit alleging consumer fraud claims. On appeal, Provide…

Justia Opinion Summary: In order to avoid foreclosure, Wife sold the marital home to Lawyer, who already had a junior lien on the property in the form of a family law attorney's real property lien. On appeal, Wife challenged the superior…

Justia Opinion Summary: This case arose out of two separate incidents. In the first, defendant Anthony Medina was driving with defendants Brandon Morton and David Whitehead in the back seat, and fired a gun at a black Lexus, hitting its two…

Justia Opinion Summary: Defendant Ronald Myers appealed the denial of his petition to resentence under the Three Strikes Reform Act of 2012 (Proposition 36) based on a finding that resentencing him would pose an unreasonable risk of danger to…

Justia Opinion Summary: Laura Saterbak appealed the dismissal of her first amended complaint (FAC) after the sustaining of a demurrer without leave to amend. Saterbak claimed the assignment of the deed of trust (DOT) to her home by Mortgage…

Justia Opinion Summary: Plaintiff Tenet Healthsystem Desert, Inc. (Hospital) appealed a judgment entered in favor of defendants Blue Cross of California, doing business as Anthem Blue Cross (Blue Cross), Anthem Blue Cross Life and Health…

Justia Opinion Summary: Defendant, cross-complainant and appellant Luna Crest Inc. opened a medical marijuana dispensary within the city limits of plaintiff, cross-defendant and respondent City of Palm Springs (City). The Palm Springs Municipal…

Justia Opinion Summary: The Alameda County District Attorney filed a juvenile wardship petition under Welfare and Institutions Code 602, 2 alleging that 17-year-old A.S. committed a misdemeanor assault (against her mother) by means likely to…

Justia Opinion Summary: On June 28, 2014, defendant Manuel Valencia went into an AT&T store and purchased a prepaid phone for $249.74 with counterfeit $50 bills. When defendant was later contacted by the employee who sold him the phone, he…

Justia Opinion Summary: Plaintiff-petitioner San Diegans for Open Government (SDOG) appealed a judgment denying its petition for writ of mandate and complaint for declaratory and injunctive relief that challenged a decision by defendant and…

Justia Opinion Summary: Leslie Costello sued her former boyfriend, Peter Buckley, seeking to collect money she allegedly loaned him during their relationship. Peter retained his brother, attorney Robert Buckley, to defend him against Leslie's…

Justia Opinion Summary: Defendant, age 43, met Doe, age 16, through social media. Doe claims that they maintained a consensual relationship that involved kissing and sleeping together, but no further sexual conduct, until Doe stayed at…

Justia Opinion Summary: Defendant pleaded guilty to forgery and receiving stolen property. On appeal, defendant challenged the denial of his oral petition for resentencing. The trial court had suspended defendant's four-year felony state prison…

Justia Opinion Summary: The People filed a complaint charging defendants with causing, aiding, and abetting the illegal delivery of marijuana. The trial court granted an injunction barring defendants from further developing or marketing their…

Justia Opinion Summary: Plaintiff, the minority shareholder of Omega, filed suit against majority shareholder Kent Constable, his wife Karen, and Omega, alleging direct and derivative claims arising from a dispute over management of Omega and…

Justia Opinion Summary: Class representatives filed suit alleging that RHI committed numerous violations of Civil Code section 1747.08, also known as the Song-Beverly Credit Card Act. The trial court found RHI was liable for as many as…

Justia Opinion Summary: Defendant was convicted of a felony and sentenced to a two-year term in county jail to be followed by two years of mandatory supervision. After defendant was sentenced, he was released from custody on sheriff's parole.…

Justia Opinion Summary: In 1982, the Salazars purchased 10 rural acres near Covelo, containing only a cabin. They resided in San Francisco and visited the property. Defendant purchased an adjoining 20-acre property in 2007 after aggressively…

Justia Opinion Summary: Lamar filed suit challenging the City's denial of 45 applications to convert existing offsite signs - billboards with commercial messages in locations other than at a property owner's business - to digital signs. Lamar…

Justia Opinion Summary: The City of Poway (Poway) was known as the "City in the Country." Harry Rogers had operated a horse boarding facility called the Stock Farm in Poway, but he decided to close the Stock Farm and build 12 homes in its place…

Justia Opinion Summary: This suit was brought on behalf of twin minors. They alleged Novartis Pharmaceuticals Corporation knew or should have known physicians prescribed its asthma medication to pregnant women for the off-label purpose of…

Justia Opinion Summary: Defendant was charged with felony possession of methamphetamine(Health and Safety Code 11377(a). In 2013, the court suspended imposition of sentence and placed her on felony probation for three years, with 60 days in…

Justia Opinion Summary: The City appealed the trial court's issuance of a writ of mandate authorizing the Board to exercise its discretion, previously delegated to it by the City in an ordinance, to set the maximum subsidy contributed by the…

Justia Opinion Summary: In their one-day dissolution trial, Paul was represented by his attorney. Susan was not represented by counsel. The court denied Susan’s continuance request and admitted Paul’s 22 exhibits into evidence.The court entered…

Justia Opinion Summary: Plaintiff filed suit against Honeywell, presenting expert testimony at trial in support of her claim that her father's exposure to asbestos in Bendix brake linings that he used when performing brake jobs in the 1960s and…

Justia Opinion Summary: Defendants Moreland and Adams were convicted of numerous offenses related to the rape, kidnapping, robbery, and attempted murder of the victim. In the published portion of this opinion, the court modified defendants'…

Justia Opinion Summary: Proposition 47, Penal Code 1170.18, downgrades several felonies and wobblers to misdemeanors and permits persons convicted of those felonies and wobblers to have them redesignated as misdemeanors. Penal Code 667.5,…

Justia Opinion Summary: In two cases consolidated for oral argument and decision, the Court of Appeal was faced with a facial constitutional challenge: whether the statute allowing withholding of sales and use tax revenues and property tax…

Justia Opinion Summary: Plaintiff filed a wrongful death action against CalPortland after his father (Dan Toste) died after Paul Michaelson, an employer of V&J, backed up a construction truck and hit Toste during a road paving project. V&J was…

Justia Opinion Summary: Heather W. appealed an order reappointing the Public Guardian as her conservator under the Lanterman-Petris-Short Act (LPS Act), Welf. & Inst. Code, 5000 et seq. The court concluded that the trial court erred by not…

Justia Opinion Summary: Plaintiff challenged the trial court's denial of her petition for a writ of mandate. The trial court concluded that the Board correctly calculated plaintiff's effective date of disability retirement. Plaintiff raised two…

Justia Opinion Summary: After defendant was convicted of unlawful possession of a firearm and served two years in prison, he was released and placed on postrelease community supervision (PRCS). Defendant was on PRCS when he was arrested for…

Justia Opinion Summary: Bianka, a 13-year-old girl from Honduras, hopes to avoid deportation by obtaining “special immigrant juvenile” (SIJ) status. Pursuant to 8 U.S.C. 1101(a)(27)(J), SIJ status is a classification created by Congress to…

Justia Opinion Summary: Foy was convicted of seven counts of second degree robbery (Pen. Code, 211) and possession of a firearm by a convicted felon (former section 12021(a)(1)). Foy was sentenced under the three strikes law to 120…

Justia Opinion Summary: In the People's criminal complaint, Count 1 alleged that defendant failed to disclose that he had applied for, received, and used an Illinois driver's license under another name, and Count 2 alleged that defendant…

Justia Opinion Summary: Defendant-appellant David Root petitioned for relief under Proposition 47. His burglary convictions involved incidents in which Root entered banks, during regular business hours, for the purpose of cashing forged checks…

Justia Opinion Summary: Defendant petitioned to modify his maximum term of confinement, contending that Penal Code section 1170.126 should be “interpreted” to permit people found not guilty by reason of insanity and committed to a state…

Justia Opinion Summary: Defendant was serving a state prison term imposed following his conviction of four theft-related felonies. Defendant subsequently filed a petition pursuant to Penal Code section 1170.18, subdivision (a) seeking to have…

Justia Opinion Summary: In this unlawful detainer action, judgment was entered in favor of plaintiffs, Jon and Kimberly Taylor, owners of real property located in Auburn, and against defendant Nu Digital Marketing, Inc., that acquired…

Justia Opinion Summary: In seeking an attorney fee award in this wrongful foreclosure case, plaintiffs Calvin and Tracy Mountjoy sought a lodestar sum of $308,425 for over 760 hours of attorney and law student work billed at hourly rates…

Justia Opinion Summary: In 2012, defendant Phillip Pernell entered a bank in Moreno Valley and attempted to cash a check for $587.64. The check was made out to defendant and was drawn on the account of Innovative Design Concepts. Defendant was…

Justia Opinion Summary: The Arbitration Certification Program (ACP) certifies the qualified dispute resolution process identified in the Song-Beverly Consumer Warranty Act, Civil Code 1790, the “lemon law.” Not all automobile manufacturers must…

Justia Opinion Summary: The Board issued an administrative investigative subpoena seeking complete, certified records of three of plaintiff's patients on the grounds that there was good cause to believe that plaintiff departed from the standard…

Justia Opinion Summary: Defendant-appellant CWPSC, Inc. (CW Painting) appealed a trial court order denying its motion to compel its former employee, plaintiff-respondent Martha Carbajal, to arbitrate her wage and hour claims under the…

Justia Opinion Summary: Defendant drove away from a gathering at which he and his passengers had been drinking. A passenger testified that after visiting a liquor store, defendant began to “drive crazy,” ultimately causing the vehicle to flip.…

Justia Opinion Summary: Brown, age 67, was riding his bicycle on a Richmond sidewalk when Officer Ricchiuto ordered him to stop for wearing earphones while riding, and for not having a light. Brown attempted to flee, but Ricchiuto and Officer…

Justia Opinion Summary: In 2013, defendant cultivated marijuana in a state park in Sonoma County, diverting water for 40-50 marijuana seedlings. Defendant’s Proposition 215 card to use medical marijuana had expired. Officers seized a bin…

Justia Opinion Summary: Plaintiff and a related corporation filed claims arising from a foreclosure sale against several defendants, including respondent T.D. Service (the underlying action). Respondent subsequently filed a motion for relief…

Justia Opinion Summary: Boston rented an apartment to defendant under the Los Angeles Rent Stabilization Ordinance (LARSO), L.A. Mun. Code, 151.00 et seq., where the rental agreement contained a forfeiture clause and an insurance clause. After…

Justia Opinion Summary: Plaintiff-appellant Jon Ellis appealed the dismissal of his suit against County of Calaveras, the Assessment Appeals Board for the County of Calaveras (the AAB), the Assessor for the County of Calaveras (the assessor),…

Justia Opinion Summary: Plaintiff filed suit against the County under Government Code section 12940, alleging disability discrimination based on the County’s removing him from his job as bailiff and placing him on an unpaid leave of absence…

Justia Opinion Summary: When Mother was about one-month pregnant, she and N.S.’s father were arrested for illegally growing and possessing marijuana for sale in their Hayward home. About two weeks after N.S. was born, they were again arrested…

Justia Opinion Summary: Plaintiff Sweetwater Union High School District filed this action against defendants Gilbane Building Company, The Seville Group, Inc. (SGI), and Gilbane/SGI, a joint venture (the Joint Venture), seeking to void…

Justia Opinion Summary: Raul and Ingrid married in 1978 in Santa Cruz County. In 1993, the family moved to Chile, where Ingrid had been born. The couple separated in 1995. Since 2010, Raul has resided in New York. In 2012, Ingrid filed a…

Justia Opinion Summary: Defendant, 17-years-old, was arrested after police found him loitering near a school. The DA filed a petition under Welfare and Institutions Code section 602 charging him with violating Penal Code section 653b, loitering…

Justia Opinion Summary: An information accused defendant Victor Quiroz of committing assault with a deadly weapon, with an enhancement for great bodily injury; and battery with serious bodily injury, with an enhancement for personal use of a…

Justia Opinion Summary: Respondent Daniel Paramo, Warden at Richard J. Donovan Correctional Facility (collectively RJDCF), appealed a superior court order granting petitioner Kevin Andres's petition for writ of habeas corpus. The court found…

Justia Opinion Summary: In 1993, Kristopher Kirchner, age 16 at the time, and Damien Miller, age 15, executed a plan to rob a gun store in Vista owned by Ross Elvey. Once inside the store, Kirchner repeatedly hit 59-year-old Elvey in the head…

Justia Opinion Summary: In 2011, the California Legislature adopted legislation which dissolved the redevelopment agencies (RA's) that had been formed by municipalities throughout the state under the provisions of the Community Redevelopment…

Justia Opinion Summary: Jesse's father, Crow, a retired physician, was aware that Jesse had a history of fights and arrests, including brandishing a gun on the highway. Crow first met Ryann after she married Jesse and saw her fewer than 10…

Justia Opinion Summary: The adult children and heirs of songwriter Terry Gilkyson, a member of the band The Easy Riders, filed suit against Disney, alleging that Disney had breached its contractual obligation to pay royalties in connection with…

Justia Opinion Summary: Defendants-appellants Jerson Garcia, Fransisco Mendoza, and Irwin Guzman were convicted of charges arising out of robberies they committed together in Escondido. Garcia was a member of the Eastside gang in San Diego;…

Justia Opinion Summary: Inmate Chung Kao appealed the dismissal of his petition for a writ of mandate. Kao wanted to compel the Department of Corrections and Rehabilitation (Department) to process a disciplinary appeal he submitted in 2012. The…

Justia Opinion Summary: A trade association of California unions, contractors’ associations and contractors filed suit. Following discovery and a contested hearing, the court ruled that defendant Ross Valley Sanitary District lacked authority…

Justia Opinion Summary: A jury acquitted defendant Tyree Hudson of possessing heroin, methamphetamine, and cocaine base for sale, finding him guilty instead of the lesser included offenses of simple possession of each. The trial court sustained…

Justia Opinion Summary: Plaintiffs filed a petition against their stepfather, to recover property belonging to their mother’s estate and sought damages of double the value of the property, based on Probate Code 859: “If a court finds that a…

Justia Opinion Summary: The People appealed the trial court's grant of defendant's petition for resentencing and denied the People's request to vacate defendant's plea agreement. The People alleged that Proposition 47, Penal Code 1170.18, did…

Justia Opinion Summary: Picerne Construction Corp. agreed to build an apartment complex for Castellino Villas. After construction started, Castellino refinanced the property, replacing the original lender with Bank of the West. Picerne…

Justia Opinion Summary: Defendant Richard Goolsby set fire to two motor homes he owned at a time when he and his girlfriend were living in one of them. As a result, he was convicted of arson of an inhabited structure, with a multiple structure…

Justia Opinion Summary: The parties were married for almost 22 years before they separated. Appellant Kim Shimkus appealed a postjudgment order granting respondent Jeffrey Shimkus' (Jeff) request to terminate spousal support. She contended the…

Justia Opinion Summary: Alex Navarro appeals from a postjudgment order finding him in violation of a special condition of parole, special condition No. 89 (the Special Condition), restricting his use of the Internet. In January 2009, Navarro…

Justia Opinion Summary: In May 2006, Lonnie Kocontes and his long-time partner, Micki Kanesaki, went on a Mediterranean cruise; they had a balcony room. Early one morning, Kocontes reported Kanesaki missing. Kocontes disembarked the ship,…

Justia Opinion Summary: Defendant Osman Gerardo ZarateCastillo appealed his conviction on eleven sex offenses committed against his cousin's daughter when she was seven years old. He argued: (1) there was insufficient evidence to support his…

Justia Opinion Summary: Government Employees Insurance Company, GEICO General Insurance Company, GEICO Casualty Company, and GEICO Indemnity Company (collectively, GEICO), as relator, brought a qui tam action asserting statutory and common law…

Justia Opinion Summary: Pursuant to a plea bargain, defendant Karen Brown pleaded guilty to one count of receiving stolen property. The State dismissed two additional felony counts of receiving stolen property and three felony counts of…

Justia Opinion Summary: Nicole, a minor, arranged for a friend to lure the victim, E.Y., to Heron Park in Brentwood. A school official obtained from an anonymous student a video depicting an attack on E.Y. by four females, including Nicole, who…

Justia Opinion Summary: Two administrative rules set forth different overtime pay rates for agricultural workers who harvest fruit and for those who process fruit for market. Farmers and plaintiffs Jaswant Bains and Piara Gosal unsuccessfully…

Justia Opinion Summary: Defendant Donald Garner received a third strike sentence based on the commission of knowing receipt of stolen property. He unsuccessfully filed a Proposition 47 petition to reduce his conviction to a misdemeanor.…

Justia Opinion Summary: Defendants Chaim Woolf and Steven Camhi were attorneys who represented plaintiffs in a prior civil action. They appealed an order granting plaintiffs' motion to set aside the dismissal of a legal malpractice action. The…

Justia Opinion Summary: Penal Code section 1202.4(f)1 requires trial courts to order criminal defendants to make direct restitution to the victims of their crimes, generally limited to the economic losses victims suffer. However, section…

Justia Opinion Summary: Defendants who are found mentally incompetent to stand trial (IST) are transferred to the Department of State Hospitals for treatment, under procedures set forth in Penal Code section 13701. Petitioners requested that…

Justia Opinion Summary: Plaintiff filed suit against Remax and Jose Garcia-Yanez, alleging 13 causes of action related to her employment. The trial court granted Remax's motion to compel arbitration and stayed the litigation in the judicial…

Justia Opinion Summary: In 2011, defendant El Dorado County created a new classification (sheriff’s security officer) for employees providing court perimeter security, and placed the new classification in a general bargaining unit rather than…

Justia Opinion Summary: Christopher Carrea appealed the denial of his Penal Code section 1170.18 motion to dismiss a one-year prison prior enhancement, imposed at his 2013 sentencing for conviction of inflicting corporal injury to a former…

Justia Opinion Summary: Shannon L., the biological mother of minor Donovan L., Jr. (DJ), and her husband Donovan L., Sr. (Donovan) appealed a juvenile court's June 2015 disposition order. The juvenile court ruled that although Donovan was DJ's…

Justia Opinion Summary: Defendant-respondent Joanna Gonzalez pled guilty to one felony count of grand theft from a person and one misdemeanor count of battery. As part of the plea agreement, the State dropped charges of robbery and burglary.…

Justia Opinion Summary: Defendant-appellant Eric Cunningham was convicted by jury on one count of attempted murder and one count of robbery. The jury found true as to both counts the allegation defendant personally inflicted great bodily injury…

Justia Opinion Summary: The Orcillas are Filipino and English is their second language. Virgilio is unable to work due to a medical condition. In 2006, in response to marketing materials, Teodora contacted Quick Loan and applied to refinance…

Justia Opinion Summary: Defendant was convicted of second degree robbery. Voters later enacted Proposition 47, which provided a mechanism by which a person who had completed his or her sentence for a conviction of a felony that was made a…

Justia Opinion Summary: Plaintiff filed suit against the District and two of its employees, alleging wrongful discharge in violation of California's whistleblower statute, Lab. Code, 1102.5; discrimination based on race, gender and age in…

Justia Opinion Summary: The City of San Diego (City) sought to compel the San Diego City Employees Retirement System (SDCERS) to increase City employees' contributions to their retirement fund to share in covering an $800 million investment…

Justia Opinion Summary: This appeal involves an insurance broker that allegedly failed to obtain insurance requested by its client, who subsequently sustained uninsured liability when he negligently caused a fire that spread to neighboring…

Justia Opinion Summary: Four children were referred to the Mendocino County Human Services Agency, based on neglect. Their mother, who had a substance abuse problem, disappeared for days and left the children with their maternal uncle, Rafael,…

Justia Opinion Summary: Defendant, convicted of grand theft auto and driving a vehicle without the owner's consent, appealed the denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (Proposition 36), which amended…

Justia Opinion Summary: Plaintiff, Hub Construction, supplied rebar and other materials to the general contractor on a construction project on property owned by defendant, Esperanza Charities. At issue is whether a mechanic's lien is invalid…

Justia Opinion Summary: Defendant Christopher Triplett appealed the partial denial of his petition to recall his sentence and reduce certain felonies to misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act. He argued…

Justia Opinion Summary: The Company was organized as a limited liability company in 2007; its sole managing member was another LLC, whose sole members were the Ngs, who controlled and managed the Company. Defendant was one of the Company’s…

Justia Opinion Summary: Plaintiff Ralph White sought to remove Ann Johnston as mayor of the City of Stockton and to enjoin placing her name on the municipal election ballot of June 2012 for reelection as mayor. White contended Johnston was…

Justia Opinion Summary: Matthew Stuard raised equal protection and substantive due process challenges to an order allowing visitation of his daughter, Riley, by paternal grandparents Jeffrey Stuard (Jeff) and Cynthia Stuard (Cindy). The trial…

Justia Opinion Summary: A jury convicted defendants Jerry Ramirez and Catherine Rodriguez Villarreal of attempted murder and assault with a deadly weapon. The jury found them both not guilty of active participation in the Surenos, an alleged…

Justia Opinion Summary: On December 13, 2008, Jane stepped out of her car and encountered Salvador and three other men, who robbed and raped her. Salvador was convicted of 15 felonies with 98 enhancements, and sentenced to 425 years and four…

Justia Opinion Summary: Plaintiff filed suit asserting causes of action against Topa for breach of contract, breach of the covenant of good faith and fair dealing, and declaratory relief. At issue on appeal is whether an excess liability…

Justia Opinion Summary: Plaintiff filed a personal injury action against defendant based on negligence and premises liability. Defendant filed suit after he was injured when he fell on an exterior stairway on property owned by defendant and…

Justia Opinion Summary: Laura Valenzuela was convicted of carjacking, reckless evasion of a peace officer, and possession of methamphetamine. Valenzuela waived a jury trial on two alleged prison priors. The trial court found one alleged prison…

Justia Opinion Summary: In August 2012 Nichols pleaded no contest to the felony offense of buying or receiving a stolen motor vehicle with a prior conviction for vehicle theft (Pen. Code, 496d, 666.5), and admitted the allegation that he had…

Justia Opinion Summary: Quest filed suit seeking payment from Angeles for out-of-network laboratory testing services ordered by in-network physicians for Angeles patients. The trial court granted summary adjudication for Angeles for all but two…

Justia Opinion Summary: Monschke, acting as personal representative for the estate of her mother, the decedent, filed suit for wrongful death and elder abuse against Timber Ridge Assisted Living, which petitioned to compel arbitration on the…

Justia Opinion Summary: Sheppard Mullin, J-M's former attorneys, sought recovery of attorney fees relating to litigation in which Sheppard Mullin represented J-M. Sheppard Mullin was disqualified from that litigation because, without obtaining…

Justia Opinion Summary: Tinoco, employed by Express, injured Escobar by negligently operating a vehicle. Escobar received treatment at Santa Clara Valley Medical Center, owned and operated by the county, at a cost of $1,249,545.38. Escobar sued…

Justia Opinion Summary: Mark, then age 14, was being escorted to the office at his high school in connection with a fight during the lunch period. When a campus supervisor reported that she saw a suspicious bulge near Mark’s waistband, an…

Justia Opinion Summary: A social services agency removed a toddler from his parents’ custody when his mother ran out of medication and experienced a relapse of schizophrenic episodes that involved violent hallucinations of harming their child.…

Justia Opinion Summary: Defendant was convicted of second degree robbery of his wife (a cell phone), and of misdemeanor battery against her, a lesser included offense of the charged corporal injury to a spouse. On appeal, defendant principally…

Justia Opinion Summary: This appeal stemmed from a dispute between defendant, a doctor, and a medical management company, Epic, with which he had contracted to supply non-medical management services to his practice. The arbitrator ruled in…

Justia Opinion Summary: Plaintiff, a member of the police department, filed a writ petition seeking to overturn his dismissal due in part to his insubordination in refusing to submit to an interrogation. Plaintiff argued that he had a valid…

Justia Opinion Summary: Plaintiff filed suit against Corsair for the outstanding amount owed related to a real estate project. Corsair never filed a responsive pleading and the trial court entered default against Corsair. Then Corsair moved to…

Justia Opinion Summary: Petitioner, convicted of first degree murder and sentenced to death, sought discovery from the office of the Los Angeles District Attorney pursuant to Penal Code section 1054.9. In this case, petitioner seeks a writ of…

Justia Opinion Summary: Plaintiff-appellant Robert Hughes, a retired sheriff’s deputy, had his case dismissed when the trial court sustained without leave to amend the demurrer to his amended petition for writ of mandate and administrative…

Justia Opinion Summary: Defendant filed a petition for recall of sentence pursuant to Penal Code 1170.126, subd. (b). At issue is the requirement that the inmate be serving an indeterminate life term “for a conviction of a felony or felonies…

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging claims of negligence, fraud, breach of contract, common counts, and exemplary damages. On appeal, plaintiff challenged an order granting a special motion to strike her…

Justia Opinion Summary: Defendant David Ewing, Jr. and three others were involved in a drug deal gone bad: the victim was shot but survived, and defendant and his cohorts were caught trying to escape. Defendant was convicted of multiple…

Justia Opinion Summary: Kathy Seacrist and her son, John McDonald sued Southern California Edison (Edison); the City of Palm Desert; J.R. Roberts; and Does 5 through 100. Seacrist owned a home near an Edison substation. Plaintiffs Seacrist and…

Justia Opinion Summary: K.S. was removed from an abusive home at age four. At age five she was placed with Andrea, who adopted her. K.S., has reactive attachment disorder, attention deficit hyperactivity disorder, post-traumatic stress…

Justia Opinion Summary: Police responded to a call that the body of a male, later identified as Osby, had been found in the bushes of the Vallejo Masonic Lodge. Neighbors had heard a gunshot the night before, some time between 11:30 p.m. and…

Justia Opinion Summary: Case voluntarily enrolled in a three-year, employer-sponsored educational program, agreeing, in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer, UPI, a prorated…

Justia Opinion Summary: According to plaintiff-appellant Randall Blackwell, as he was at the top of a ladder installing rain gutters at an investment property owned by defendant-respondent Ray Vasilas, Blackwell stepped on scaffolding that…

Justia Opinion Summary: This case was Appellants' fifth unsuccessful attempt to recoup damages arising out of FedEx's termination of their linehaul contracts. They appealed a superior court judgment granting judgment on the pleadings and…

Justia Opinion Summary: In consolidated California Environmental Quality Act (CEQA) actions, several plaintiffs, including Highland Springs Conference and Training Center (Highland Springs) and Banning Bench Community of Interest Association…

Justia Opinion Summary: Defendants-appellants AMG Outdoor Advertising, Inc. (AMG), and others, appealed an order granting a preliminary injunction in favor of plaintiff-respondent City of Corona (the City), requiring defendants to cease using…

Justia Opinion Summary: On March 28, 2014, real party in interest PCH Enterprises, Inc. sued defendants Sallie Cribley-Cole and Anna Gonzalez for breach of contract, specific performance, and declaratory relief. It alleged defendants failed to…

Justia Opinion Summary: Defendant had prior “strike” convictions: two 1992 residential burglaries and a 1996 robbery, involving “entering a residence, brandishing knives and demanding money.” Defendant also had three other felony convictions…

Justia Opinion Summary: Plaintiff filed a putative class action against Edison, alleging in his second amended complaint that Edison fraudulently enrolled ineligible customers in the California Alternate Rates for Energy (CARE) program. The…

Justia Opinion Summary: Defendant-appellant Clayton Perkins was charged with one felony count of receiving stolen property, three felony counts of grand theft of a firearm, two felony counts of possession of methamphetamine for sale, two felony…

Justia Opinion Summary: Lewis sued the video-sharing service, YouTube, for breach of contract it deleted her "channel." YouTube filed a filed a request for judicial notice of the YouTube Community Guidelines and several e-mails between Lewis…

Justia Opinion Summary: The State appealed a trial court order sustaining a demurrer to the felony complaint in this case, which contended (as relevant), the complaint failed to provide sufficient notice of its charges in violation of Penal…

Justia Opinion Summary: In this case, the trial court granted Christian Noergaard’s request to remove his 11-year-old daughter from the care of her mother Tammy Noergaard and return the child to Denmark without an evidentiary hearing on…

Justia Opinion Summary: A jury found defendant Gloria Ramos guilty of multiple crimes, including transportation of heroin, and possession of methamphetamine for sale, both with various firearm enhancements. The court granted probation and…

Justia Opinion Summary: Ernest Orozco pled guilty to one count of unlawfully driving a vehicle of another without permission, and one count of receiving a stolen vehicle. After Orozco entered his guilty plea, California voters passed…

Justia Opinion Summary: In an inverse condemnation action, the issue facing the Court of Appeal was a unique situation, where a state agency assumed control of a local flood control process, and it determined to provide less flood protection…

Justia Opinion Summary: Deandre Ellison was shot to death as he pulled into his driveway. Four other men, including Latrele Neal, were also in Ellison’s car. Before the car came to a stop in the driveway, an SUV driven by defendant Jesse…

Justia Opinion Summary: On May 8, 2014, petitioner City of San Diego (City) denied the application of Jeri Dines, the real party in interest, for leave to file a late claim filed pursuant to the California Government Claims Act. Dines did not…

Justia Opinion Summary: Plaintiffs filed a products liability suit against Toyota, alleging that plaintiffs' accident occurred because their Toyota Tundra lacked electronic stability control (ESC), also known as vehicle stability control (VSC),…

Justia Opinion Summary: Newhall, a retail water purveyor, challenged a wholesale water rate increase adopted in February 2013 by the Agency. The trial court found the Agency's rates violated article XIII C of the California Constitution…

Justia Opinion Summary: Plaintiff filed a qui tam suit on behalf of himself and the State under the California False Claims Act (CFCA), Gov. Code, 12650 et seq., alleging that ClubCorp had defrauded the State by failing to escheat the unclaimed…

Justia Opinion Summary: Penal Code section 459.5 was among the provisions added by Proposition 47. It reduces certain second degree burglaries to misdemeanors by defining them as “shoplifting,” that is, “entering a commercial establishment with…

Justia Opinion Summary: In 2002, Thurston was convicted of felony driving in disregard for safety of persons or property while fleeing from a police officer, with three prior strike convictions for robberies in 1990 and 1984, and two prison…

Justia Opinion Summary: Defendant was convicted of misdemeanor false imprisonment and felony resisting an executive officer. Prior to the amendments resulting from the Criminal Justice Realignment Act of 2011, section 1202.45 required…

Justia Opinion Summary: Defendant Todd White appealed an order denying his petition for recall of his "Third Strike" indeterminate life sentence. In 1996, defendant was convicted of possession of a firearm by a felon. He was also found to have…

Justia Opinion Summary: Johnson, Thornton, Schnebly, and Crocker emerged from a car that sped into a Lake Mendocino campsite. Crocker, wearing a bandana over his face, ran toward the campsite and shouted for everybody to get on the ground. …

Justia Opinion Summary: Plaintiff and the late Robert Culp filed suit seeking to enjoin the continued operation of the elephant exhibit at the Los Angeles Zoo. Plaintiff alleged that the Zoo’s conduct violated animal cruelty provisions in the…

Justia Opinion Summary: Defendant was convicted of multiple charges related to his sexual abuse of 15 children over nearly 30 years: continuous sexual abuse, lewd act on a child, child molestation, forgery, and violating a court order.…

Justia Opinion Summary: Plaintiff, individually and on behalf of others similarly situated, filed suit against defendants, alleging claims for failure to pay regular and overtime wages, failure to provide meal and rest periods, failure to…

Justia Opinion Summary: Defendant was sentenced to life in prison without the possibility of parole (LWOP) because she participated in the murder of a 13-year-old when she was 16-years-old. Based on the intervening decision in Miller v.…

Justia Opinion Summary: Plaintiff Hector Alvarado appealed the grant of summary judgment entered in favor of defendant Dart Container Corporation of California. Defendant produced food service products, including cups and plates. Plaintiff…

Justia Opinion Summary: Mother Kimberly L. appealed a trial court's orders terminating her parental rights to Albert A. (A.A.) and Veronica A. (V.A.). Mother argued: (1) the juvenile court’s jurisdictional orders finding the children were…

Justia Opinion Summary: Plaintiff alleged defendants (Bank of America, Wells Fargo Bank, Citibank and the Mortgage Electronic Registration Systems, Inc. (MERS)) wrongfully foreclosed on his home. The trial court sustained a demurrer to a third…

Justia Opinion Summary: Plaintiffs filed suit challenging Proposition D, the current medical marijuana ordinance of the City of Los Angeles. The trial court dismissed the complaint. The court held that there is no constitutional or statutory…

Justia Opinion Summary: Defendant appealed his conviction and sentence for continuous sexual abuse of a child under the age of 14 years old. Defendant's conviction was based in part on expert testimony on Child Sexual Abuse Accommodation…

Justia Opinion Summary: Defendants Centeno, Leon, and Palofox received life sentences for their role in a conspiracy arising from a series of home invasion robberies. In the published portion of the court's opinion, the court applied the…

Justia Opinion Summary: Adrian was a full-time student at UCSC, living in an off-campus apartment. He commuted to the university on his bicycle, traveling on the Great Meadow Bikeway, a paved bike path that runs through part of the UCSC campus.…

Justia Opinion Summary: In 1996, real party in interest Leonard Rangel, was convicted of felon in possession and two misdemeanors. As a “third striker,” he received an indeterminate sentence of 25 years to life. In 2012 the electorate, by…

Justia Opinion Summary: Plaintiffs held warrants to buy common stock issued by defendant BlueFire Ethanol Fuels, Inc. The warrants included an anti-dilution provision, requiring BlueFire to adjust the exercise price set in the warrants “to…

Justia Opinion Summary: In 2007, Corona was shot to death during an attempt to kill a cast-out gang member. After three mistrials in which juries deadlocked, Verducci was convicted of first degree murder of Corona (Pen. Code, 187(a)). The court…

Justia Opinion Summary: Husband, an attorney who works in private practice, contributed to Social Security through mandatory payroll deductions. Wife, an attorney with the County, contributed to a defined-benefit retirement plan through her…

Justia Opinion Summary: James Kelly, as trustee of the Beverly Snodgrass Clark Inter Vivos 1999 Separate Property Trust, sued Barbara J. Orr, Joseph Holland, Gretchen Shaffer, and DLA Piper LLP (US) (Defendants) for professional negligence in…

Justia Opinion Summary: In November 2014, a run-off election was held for a seat on the Chula Vista City Council. In early December 2014, Michael Vu, the San Diego County Registrar of Voters, certified the official canvas results showing that…

Justia Opinion Summary: When defendant was 15 years old, he was shot by a deputy in the chest after plaintiff brandished a replica of a semiautomatic pistol. Plaintiff filed suit against deputies and the County, alleging a violation of his…

Justia Opinion Summary: During a custodial interrogation of murder suspect Fabian Perez, a police sergeant told Perez that if he "[told] the truth" and was "honest," then, "we are not gonna charge you with anything." The sergeant continued,…