California Courts of Appeal Decisions 2017

Justia Opinion Summary: On October 24, 2016, Davis was charged with human trafficking and pandering. He entered not guilty pleas at the arraignment. On November 3, he waived his right to a preliminary hearing within 10 court days. On November…

Justia Opinion Summary: The Court of Appeal held that plaintiff's dismissal of his individual Labor Code claims with prejudice foreclosed his standing under the Private Attorneys General Act of 2004 (PAGA). In this case, plaintiff filed suit…

Justia Opinion Summary: In 2014 a complaint charged Lee C. (L.C.) with corporal injury to a cohabitant. The trial court found L.C. incompetent to stand trial and committed him to a state hospital. After the state hospital reported he was…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdictional findings regarding Mother's two children. Mother is schizophrenic and suffered from manic episodes. The court held that substantial evidence did not…

Justia Opinion Summary: Turley sued multiple defendants, alleging that he has an asbestos-related disease caused by exposure to asbestos-containing products, including valve gaskets, during his 36-year employment at PG&E. Interrogatory…

Justia Opinion Summary: San Pablo Police Officer Niemi determined that an Acura parked on the street was stolen. C.D. pulled the Acura into the street. Niemi followed. Officers Hearn and Dimercurio arrived. The three activated the lights of…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of the Conservancy's petition for a writ of mandate to compel the City of West Hollywood to set aside the City's approval of a real estate development project. The…

Justia Opinion Summary: The oral agreement at issue in this appeal was made in connection with a transaction by which three companies, of which Albert Kanno was the majority shareholder, were sold to two Delaware corporations. The transaction…

Justia Opinion Summary: Cornell, a severely obese woman, was fired from the Berkeley Tennis Club after having worked there for over 15 years. She sued the Club under the California Fair Employment and Housing Act (FEHA; Gov. Code 12900), for…

Justia Opinion Summary: In these consolidated cases stemming from the sale and purchase of a partnership interest, SP appealed from a judgment of dismissal following the granting of the trial court's own motion for judgment on the pleadings in…

Justia Opinion Summary: Plaintiff filed a breach of fiduciary duty action against defendants under Family Code section 1101, seeking return of a condominium that she claims to have purchased with her deceased husband and transferred to him so…

Justia Opinion Summary: In a previous appeal, the court concluded that the minors’ mother revoked maternal uncle Rafael’s Indian custodian status under the Indian Child Welfare Act, 25 U.S.C. 1901, shortly after the children were detained. The…

Justia Opinion Summary: A trial court may not grant a second extension of the statutory "appearance period" (the period in which a surety may return the defendant or seek vacatur of the forfeiture) more than 180 days after it has granted a…

Justia Opinion Summary: The Court of Appeals held that the doctrine of res judicata did not foreclose plaintiff's claims predicated on wrongful foreclosure because the prior judgment was not on the merits. Although the court agreed that both…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order granting Allied's applications for prejudgment attachment stemming from an insurance dispute because Allied had established the probable validity of its claims. The…

Justia Opinion Summary: T.C. appealed the juvenile court's dispositional order placing her minor daughter, A.F., in the care of her paternal grandmother, Donna F. T.C. contended the court erred by failing to comply with the placement…

Justia Opinion Summary: In Department of Finance v. Commission on State Mandates, 1 Cal.5th 749 (2016) ("Department of Finance"), the California Supreme Court upheld a Commission ruling that certain conditions a regional water quality control…

Justia Opinion Summary: In this redevelopment case, the city of Anaheim, acting in its capacity as successor to the former Anaheim Redevelopment Agency, sought approval from the California Department of Finance (the department) to obtain money…

Justia Opinion Summary: The trial court granted appellant ZB, N.A.'s (ZB) motion to arbitrate respondent Kalethia Lawson's wage and hour claim, which was brought under the provisions of the Private Attorneys General Act (the PAGA), Labor Code…

Justia Opinion Summary: Plaintiff-Appellant Creed-21 appealed the dismissal of its petition for writ of mandate and complaint for declaratory and injunctive relief under the California Environmental Quality Act (Petition). The trial court…

Justia Opinion Summary: Plaintiff Mahmoud Alzayat, on behalf of the People of the State of California, filed a qui tam action against his employer, Sunline Transit Agency, and his supervisor, Gerald Hebb, alleging a violation of the Insurance…

Justia Opinion Summary: Defendant was arrested and charged with misdemeanor criminal contempt for allegedly violating a permanent anti-gang injunction. Defendant argued that he was not an active gang member covered by the injunction and that…

Justia Opinion Summary: At issue in this case were five eyewitness identifications of a shooter at a party for the California State University Sacramento golf team. Tino Perez challenged the sufficiency of the evidence that supported a jury…

Justia Opinion Summary: Plaintiff Antoinette Rossetta appealed the dismissal of her second amended complaint after the trial court sustained a demurrer by defendants CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as…

Justia Opinion Summary: The California State Teachers’ Retirement System (CalSTRS) appealed a decision granting the Yuba City Unified School District’s (District) petition for writ of mandate and setting aside CalSTRS’s decision to collect…

Justia Opinion Summary: California-American, a water utility, and Marina and Monterey, public water agencies, entered into contracts to collaborate on a water desalination project, stating that the prevailing party of “any action or proceeding…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of attempting to take another person from the lawful custody of a peace officer by means of a riot in violation of Penal Code sections 405a and 664. The court held that…

Justia Opinion Summary: The Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate its order overruling the demurrer and issue a new order sustaining the demurrer without leave to amend. In this case, seven…

Justia Opinion Summary: A CVS clerk sold a can of beer to a minor decoy working for the Department of Alcoholic Beverage Control (the Department). The sole issue before the Court of Appeal in this matter was whether the minor made a…

Justia Opinion Summary: In 1989, in case MCR97449, appellant was placed on probation after a conviction for misdemeanor evading a peace officer. In 1996, in case SCR22536, appellant was convicted of felony criminal threats and misdemeanor child…

Justia Opinion Summary: Appellants-defendants San Diego County Office of Education (Office) and Randolph Ward appealed a judgment in favor of plaintiff-respondent Rodger Hartnett that reinstated his employment and awarded him $306,954.99 in…

Justia Opinion Summary: Defendant Jesus Lucero failed to appear during most of his trial in this case. The trial court nevertheless proceeded with the trial in his absence, and a jury found him guilty. Defendant’s appointed counsel, John Dorr,…

Justia Opinion Summary: Duke was the founder and CEO of Skinsation. Defendants were Duke’s investors and members of the board of directors. In 2011, Callaway sued Skinsation, Duke, and defendants over a commercial lease, which Duke and…

Justia Opinion Summary: Father challenged the juvenile court’s jurisdictional finding that his two children, ages 11 and 14, were at substantial risk of serious physical harm due to his use of methamphetamine and the dispositional order…

Justia Opinion Summary: A jury convicted defendant-appellant, Thomas Tennard, Jr., of a nonstrike felony: inflicting corporal injury resulting in a traumatic condition upon his cohabitant girlfriend, M.L. The court found defendant had four…

Justia Opinion Summary: In June 2012, plaintiff-appellant Allen Krizhner leased a Mercedes-Benz from defendant Mercedes-Benz USA, LLC for personal use. The complaint alleged the car came with an express written warranty covering repairs for any…

Justia Opinion Summary: Respondent Denise Duncan sued Wal-Mart Stores, Inc. (Wal-Mart) for personal injuries she sustained at one of Wal-Mart’s stores while acting within the course and scope of her employment with Acosta, Inc. (Acosta). The…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's order recommitting defendant to the Division of Juvenile Facilities (DJF) pursuant to Welfare and Institutions Code section 707, subdivision (b). In this case, DJJ…

Justia Opinion Summary: The insurance policy in question in this case was issued by petitioner Admiral Insurance Company (Admiral) to the real party in interest, A Perfect Match, Incorporated (Perfect Match), a company that "match[es]…

Justia Opinion Summary: PG&E filed suit against HART for negligently servicing a large transformer at a hydroelectric power plant and for damages under Public Utilities Code section 7952. The trial court concluded that because PG&E did not own…

Justia Opinion Summary: The Chois consulted in 2003 with defendants, who advised the Chois that an IRC 412(i) Plan retirement account would provide tax advantages, asset protection, and steady income. It required several steps including the…

Justia Opinion Summary: Defendant lived in a San Jose mobile home park. On September 3, 2013, the manager noticed a strong gasoline odor at her office, emitting from a metal drop box accessible to the outside through a wall slot. Liquid spilled…

Justia Opinion Summary: Teachers retired from the Salinas Unified High School District disputed attempts by the California State Teachers’ Retirement System (CalSTRS) to recoup retirement benefit overpayments caused by the District's years-long…

Justia Opinion Summary: Deputy Tanaka responded to a dispatch telling him that a bus driver had spotted the suspect in “a 288 case” (lewd act on a child) on a San Jose bus. Tanaka was aware of the case, having seen a news video of the suspect. …

Justia Opinion Summary: Plaintiffs-respondents Virgil and Glenda Jensen contended they suffered damages caused by a negligently maintained rental truck, rented by his supervisor, Charles Scannell, which blew a tire while Virgil was driving it.…

Justia Opinion Summary: Defendant-appellant Timothy Race pled no contest to attempted lewd and lascivious acts on a child under the age of 14, the lesser included offense of the count 2 charge. Pursuant to the plea agreement, the court…

Justia Opinion Summary: Defendant Dinh Van Nguyen had a prior first degree burglary conviction which qualified as: (1) a “strike” prior; (2) a one-year prior prison term enhancement; and (3) a five-year prior serious felony conviction…

Justia Opinion Summary: In 2013, the juvenile court declared defendant-appellant, R.G. (Minor, born in April 2000), a dependent of the court. In 2016, while Minor remained a dependent of the juvenile court, the State filed a juvenile wardship…

Justia Opinion Summary: Apple shareholders filed a consolidated derivative action concerning Apple’s alleged pursuit and enforcement of anticompetitive agreements with other Silicon Valley companies to prohibit the recruitment of each other’s…

Justia Opinion Summary: Joseph and Monique Howeth’s home shared a driveway with their neighbor Tina Coffelt’s. After the parties were unable to amicably share the driveway in accordance with an easement governing its use, the Howeths sued…

Justia Opinion Summary: Defendant-appellant, M.L. (Minor), completed a program of informal supervision under Welfare and Institutions Code section 6541 after the State alleged he had unlawfully possessed a knife upon school grounds. Prior to…

Justia Opinion Summary: Fred Kamgar appealed a judgment ordering him to pay his wife Moira Kamgar $1,952,056.50 for breach of his spousal fiduciary duties in failing to disclose to her that he engaged in options trading, and traded an…

Justia Opinion Summary: Macy's security watched as Shaw grabbed a stack of jeans and placed it in a bag. He then walked quickly toward the exit. The detective followed and, with the aid of another employee, stopped Shaw as soon as he left the…

Justia Opinion Summary: Optional filed suit against DAS and its counsel, Akin and Parker, for conversion and fraudulent transfer. Akin and Parker filed special anti-SLAPP motions to strike all claims asserted against them. The Court of Appeal…

Justia Opinion Summary: Defendants Angel Gallardo, Michael Gallardo and Smith Garcia were charged with one count of murder, two counts of attempted murder and one count of shooting at an occupied car. The primary piece of evidence at trial was…

Justia Opinion Summary: Cal Fire’s investigation of the 2007 Moonlight Fire determined that the fire started on property owned by landowner defendants and managed by Beaty. Sierra Pacific purchased the standing timber on the property, and…

Justia Opinion Summary: David Skillin brought a Private Attorneys General Act lawsuit against his former employer Rady Children's Hospital of San Diego (Rady) for alleged violations of the California Labor Code. Skillin claimed Rady made…

Justia Opinion Summary: ITV and the Company appealed the trial court's grant of a preliminary injunction for the Gurneys and Little Win, LLC. The Gurneys are the minority owners of the Company and formerly served as its CEOs. The Court of…

Justia Opinion Summary: Monterey County Water Resources Agency (MCWRA) is a flood control and water agency. Coastkeeper sued, alleging that MCWRA had violated the Porter-Cologne Water Quality Control Act (Wat. Code 13000) by failing to report…

Justia Opinion Summary: Noel purchased an inflatable Kids Stuff Ready Set Pool for $59.99, based on a photograph on the packaging, depicting a group of three adults and two children sitting and playing in the pool. The box also prominently…

Justia Opinion Summary: While a 2007 ordinance, which deleted the reference to Internal Revenue Code section 4251 from the Norwalk Municipal Code, made a technical change to the Code, it did not impose, extend or increase the telephone tax.…

Justia Opinion Summary: In this second appeal, challenging the environmental impact report (EIR) and related project approvals for two natural resource plans for the proposed Newhall Ranch development, the Court of Appeal affirmed the…

Justia Opinion Summary: Appellant Dr. Robert Fettgather appealed a trial court order denying his petition for writ of administrative mandamus. His petition challenged the revocation of his license to practice psychology by Respondent California…

Justia Opinion Summary: Cynthia Vargas appealed a court order awarding father Christopher Ross primary physical custody of their minor children. Vargas was awarded temporary custody while Ross was deployed overseas. Upon his return, the issue…

Justia Opinion Summary: H.C. a nonminor dependent of the juvenile court, appealed an order terminating her dependency case, contending the court erred by determining that H.C.'s marriage rendered her ineligible for nonminor dependency…

Justia Opinion Summary: Proposition 57, the Public Safety and Rehabilitation Act of 2016, does not apply retroactively to direct file cases that are not yet final. Defendant appealed his conviction of first degree murder and sentence of 50…

Justia Opinion Summary: The family court has jurisdiction under Family Code section 6345, subdivision (a) to renew domestic violence restraining orders (DVROs) initially granted by the juvenile court. The Court of Appeal held that the…

Justia Opinion Summary: Bartholomew publishes Christian ministry music and is a volunteer national spokesperson and the opening act for "Mission: PreBorn" concerts. Bartholomew wrote a pro-life song, “What Was Your Name,” produced a video for…

Justia Opinion Summary: The Elem Indian Colony Pomo Tribe’s “Brown faction” sued the Tribe’s “Garcia Council” over allegedly defamatory statements published in a notification that warned they would be disenrolled if the Tribe’s General Council…

Justia Opinion Summary: Wife and Husband both appealed from the trial court's postjudgment orders enforcing one of the terms of the parties' stipulated judgment, which required an equalization payment from Husband to Wife following a joint…

Justia Opinion Summary: In 2015, State Farm filed suit against Watts, alleging subrogated product liability claims against Watts arising from a loss that occurred in November 2012. The Court of Appeal affirmed the trial court's denial of Watt's…

Justia Opinion Summary: Plaintiff filed suit asserting its right to an administrative hearing to determine whether its chemicals constitute hazardous waste. The Court of Appeal reversed the trial court's denial of the divisions' anti-SLAPP…

Justia Opinion Summary: In this declaratory relief action, the trial court granted summary judgment to the plaintiff, The National Grange of the Order of Patrons of Husbandry (the National Grange), declaring that property at issue in the…

Justia Opinion Summary: A labor union and several employees sued an employer, alleging the employer failed to provide notice before ordering about 90 employees not to return to work for four to five weeks. Under a California law known as the…

Justia Opinion Summary: Husband Patrick Steiner was an active duty military service member and had a group life insurance policy issued under the Servicemen's Group Life Insurance Act of 1965 (the SGLIA). As part of a status-only dissolution…

Justia Opinion Summary: An information charged defendant Marco Sandoval with inflicting corporal injury on a spouse resulting in a traumatic condition (count 1) and making a criminal threat (count 2); defendant had suffered two prison and two…

Justia Opinion Summary: Sayta leased a bedroom in a San Francisco apartment; renewal was on a month-to-month basis after August 2013. In 2013-2015, disputes between Sayta and the landlords were taken to the superior court and San Francisco Rent…

Justia Opinion Summary: The same standard applies to an individual defendant's request for attorney fees under the California Fair Employment and Housing Act (FEHA) as applies to an employer defendant, and thus a fee award is only available in…

Justia Opinion Summary: The statutory transcription rates prescribed by Government Code sections 69950 and 69954 apply to any court reporter producing a transcript of a civil court proceeding, regardless of whether the reporter is employed by…

Justia Opinion Summary: The Court of Appeal affirmed the dismissal of plaintiff's second amended complaint (SAC) against the school district, holding that plaintiff's grievance, filed pursuant to a collective bargaining agreement, did not…

Justia Opinion Summary: The Court of Appeal reversed the trial court's determination that equitable estoppel did not apply to LAUSD's assertions of noncompliance with the Government Claims Act. In this case, plaintiffs filed suit against LASPD…

Justia Opinion Summary: A third party can not sue a merchant for negligence in breaching duties when the merchant sells a high-end sports car to its customer and the customer pays for most of the car with two checks the third party made out to…

Justia Opinion Summary: All Masonry & Landscape Supply (All Masonry) appealed a postjudgment order awarding attorney fees to Oldcastle, the prevailing party in a breach of contract action. Oldcastle manufactured masonry and concrete products,…

Justia Opinion Summary: Former restaurant employees sued their former employer, Koji’s Japan, Inc. (Koji’s), Koji’s president, sole shareholder and director Arthur Parent, Jr. (Parent), and A.J. Parent Company, Inc., otherwise known as…

Justia Opinion Summary: If a municipality imposes a sales tax, the State Board of Equalization (BOE) has the statutory authority to collect and then remit the tax back to the municipality, to determine where sales of personal property occur,…

Justia Opinion Summary: In this action to quiet title, the trial court refused a timely request by petitioner to preserve a record so that she might appeal. The Court of Appeal held that the trial court abused its discretion and granted…

Justia Opinion Summary: This case turned on whether an attorney-in-fact made a “health care decision” by admitting her principal to a residential care facility for the elderly and, in the process, agreeing to an arbitration clause. The trial…

Justia Opinion Summary: In the published portion of the opinion, the Court of Appeal held that an appropriate correction offer under the Consumers Legal Remedies Act does not prevent a consumer from pursuing causes of action for fraud and…

Justia Opinion Summary: An agreement to arbitrate a Labor Code Private Attorneys General Act of 2004 (PAGA) claim, entered into before an employee is statutorily authorized to bring such a claim on behalf of the state, is an unenforceable…

Justia Opinion Summary: A father objected to a California court order confirming the registration of an Italian child and spousal support order pursuant to the Uniform Interstate Family Support Act (UIFSA). On appeal, Father argued the trial…

Justia Opinion Summary: Plaintiffs filed suit alleging that the City violated certain ordinances and selectively applied others in issuing the permit for a fence separating two neighbors while denying plaintiffs' permit for a deck they had…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendants' petition to compel arbitration of a dispute with plaintiffs. The court held that the threshold issue of whether the Federal Arbitration Act (FAA),…

Justia Opinion Summary: Janice Dickinson filed suit against William H. Cosby, Jr. and his attorney, Martin Singer, for defamation and related causes of action after Singer issued a letter demanding media outlets not to repeat Dickinson's…

Justia Opinion Summary: The trial court vacated defendant's misdemeanor sentence and reinstated his felony conviction and sentence. Then the trial court conducted a probation violation hearing, found that defendant had violated probation, and…

Justia Opinion Summary: Petitioner Phyllis Morris’ office, the Public Defender for San Bernadino County, represented Ruth Zapata Lopez, a nonparty to this petition, in a case alleging she committed two misdemeanors by driving while under the…

Justia Opinion Summary: The Court of Appeal reversed the County's certification of an environmental impact report (EIR) and approval of a project to modify an oil refinery in Bakersfield. The court held that the EIR's choice of 2007 as the…

Justia Opinion Summary: Laboratory Specialists International, Inc. (LSI) filed a complaint in Orange County Superior Court alleging causes of action against Shimadzu Scientific Instruments, Inc. (Shimadzu) for breach of contract, conversion,…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order sustaining the City's demurrer without leave to amend in an action alleging that city inspectors harmed Los Globos nightclub's business by reducing the number of…

Justia Opinion Summary: In a case arising out of the “Great Dissolution” of redevelopment agencies (RDAs) in California the City of Grass Valley (City) appealed a judgment denying in part its petition for writ of mandate. The City, which was…

Justia Opinion Summary: Robert Klem sued Access Insurance Company and Access General Insurance Adjusters, LLC (collectively, "Access") after he was in a car accident and Access administered his claim. Klem alleged Access falsely notified the…

Justia Opinion Summary: Defendant entered into a Santa Rosa Walgreens and presented a prescription for Phenergan Codeine cough syrup. Suspecting the prescription was fraudulent, the pharmacist contacted the police. Officers responded. Defendant…

Justia Opinion Summary: Defendant Shawn Young was convicted by jury of sexually abusing his two daughters, A. and H., as well as their friend, M., who lived next door. The trial court sentenced defendant to serve an aggregate determinate prison…

Justia Opinion Summary: Artur Hefczyc appealed an order denying his motion for class certification in his lawsuit against Rady Children's Hospital-San Diego (Rady). On behalf of a proposed class, Hefczyc sought declaratory relief to establish…

Justia Opinion Summary: The Court of Appeal held that Proposition 57, the Public Safety and Rehabilitation Act of 2016, did not apply retroactively to defendant's case. Defendant was convicted of sexual penetration by force, assault with intent…

Justia Opinion Summary: Defendant Daryl Hicks appealed after he was convicted on three counts of human trafficking of a minor, four counts of unlawful sexual intercourse with a minor more than three years his junior, one count of possession of…

Justia Opinion Summary: Police officer trainee Cornell, off-duty and in street clothes, was running in Golden Gate Park. Uniformed patrol officers spotted him and grew suspicious because the area is known for illicit drug activity. Cornell…

Justia Opinion Summary: After the San Diego Association of Governments (SANDAG) certified an environmental impact report (EIR) for its 2050 Regional Transportation Plan/Sustainable Communities Strategy (transportation plan), CREED-21 and…

Justia Opinion Summary: A jury convicted Francisco Javier Solorio of the first degree premeditated murder of his neighbor, Albert Ramos. The prosecution presented evidence that Solorio, motivated by revenge, killed Ramos four months after Ramos…

Justia Opinion Summary: A jury convicted Jack Kaufman of grand theft of personal property belonging to his longtime friend Dr. Steven Emmet. At trial, the prosecution's theory was that Kaufman: (1) sold Emmet a promissory note on property…

Justia Opinion Summary: The state acquired land on the Upper Truckee River in the Lake Tahoe Basin: 608 acres for Washoe Meadows State Park plus the 169-acre Lake Valley State Recreation Area, to continue operation of an existing golf course.…

Justia Opinion Summary: The Court of Appeal granted plaintiff's petition for a writ of mandate compelling the superior court to vacate its limited discovery order, and enter a new order granting the motion and ordering Marshalls to produce a…

Justia Opinion Summary: After a juvenile court has terminated its jurisdiction, the family court has jurisdiction over domestic violence orders and may issue a renewal. In this case, the juvenile court issued a protective order and enjoined…

Justia Opinion Summary: Appellants Ralphs Grocery Company and related subsidiaries (Ralphs) appealed an order striking their complaint against respondents Victory Consultants, Inc. (Victory) and Jerry Mailhot under Code of Civil Procedure…

Justia Opinion Summary: Plaintiff Mary Anna Whitehall worked as a social worker for the San Bernardino County Children and Family Services (CFS or the County). She sought legal advice pertaining to any liability she might have for submitting…

Justia Opinion Summary: Intel acquired McAfee, in a cash sale at $48 per share. Plaintiff, a pension fund, on behalf of itself and a class, alleged that McAfee, Intel, and former members of McAfee’s board of directors, consisting of nine…

Justia Opinion Summary: Garcia, while staying as a guest in his sister-in-law’s home, forcibly raped and sodomized his 12-year-old niece. He was convicted of forcible sex crimes, including a forcible lewd act against a child under the age of 14…

Justia Opinion Summary: Defendant was convicted of murder and the jury found that he committed the offense for the benefit of, at the direction of, and in association with a criminal street gang. The Court of Appeal reversed the trial court's…

Justia Opinion Summary: McMillin Management Services, L.P. and Imperial Valley Residential Valley Residential Builders, L.P. (collectively "McMillin") filed suit against numerous insurance companies, including respondents Lexington Insurance…

Justia Opinion Summary: The State of California prevailed in a representative public nuisance action against ConAgra, NL, and Sherwin-Williams. The trial court ordered the defendants to pay $1.15 billion into a fund to be used to abate the…

Justia Opinion Summary: The underlying suit involved a loan foreclosure. The borrowers filed a cross-complaint against MCC, alleging fraud, despite being advised MCC had no involvement in the transaction involved in the lawsuit. The borrowers…

Justia Opinion Summary: Yelp Inc., operator of a website for consumer reviews, petitioned for a writ of mandate to overturn an order compelling its production of documents that may reveal the identity of an anonymous reviewer on its site. Yelp…

Justia Opinion Summary: Defendant, driving with a suspended license, was stopped by a Santa Clara County Sheriff’s deputy for a traffic infraction. The vehicle was searched following the deputy’s decision to impound it. The deputy found baggies…

Justia Opinion Summary: Defendant's appeal of her life without the possibility of parole (LWOP) sentence was dismissed as moot in light of Senate Bill No. 394, which provides a youth offender parole hearing to defendant and others similarly…

Justia Opinion Summary: At issue in this case was a municipal ordinance, which authorized the issuance of bonds to be used to refinance the defendants' obligations with respect to the ​construction of a baseball park. Judgment was entered in…

Justia Opinion Summary: This case presented the issue whether a superior court could impose a hefty daily monetary sanction on a party who steadfastly refuses to comply with a discovery order. The court ordered Watchtower Bible and Tract…

Justia Opinion Summary: William and Daniel, the children of Victor (Decedent), are the beneficiaries of Decedent's estate. In 2010, the probate court appointed William as the personal representative of the Estate. In 2014, Daniel filed a…

Justia Opinion Summary: In this domestic abuse case, defendant Jose Valdivia challenged a condition of his probation authorizing the warrantless search of electronic storage devices (such as cellular phones and computers) under his control. He…

Justia Opinion Summary: Susan and William Avignone defrauded five investors out of more than $700,000 in a real estate scheme. In exchange for dismissal of some of the charges, the Avignones pleaded guilty to three counts of fraud in connection…

Justia Opinion Summary: Grace Walker appealed a superior court judgment denying her petition for a writ of administrative mandamus. The petition asked the court to set aside a decision of the Physical Therapy Board of California (the "Board")…

Justia Opinion Summary: Oregon State University (Oregon State) petitioned for a peremptory writ of mandate to direct the superior court to vacate an order overruling Oregon State's demurrer to George Sutherland's first amended complaint and to…

Justia Opinion Summary: Francisco Diaz was employed as a tree trimmer by Professional Community Management, Inc. (“PCM”) for many years. He filed his complaint against it in October 2014, stating various causes of action arising out of PCM’s…

Justia Opinion Summary: In November 2006, defendant pointed a handgun at Douglass. Defendant was arrested the next day and charged with felony assault with a deadly weapon. Following a preliminary hearing, his motion to set aside the…

Justia Opinion Summary: In May 2011, defendant Sim Hoffman was indicted on 884 felony counts alleging healthcare insurance fraud. That indictment was ultimately dismissed in 2013 on the ground that the prosecution had failed to provide…

Justia Opinion Summary: Two wardship petitions, filed in San Mateo County in 2013, charged the minor, W.R. with possession of a dagger, battery, and resisting arrest, and with vandalism. He had several probation violations. San Francisco…

Justia Opinion Summary: CEH filed a complaint in Alameda County alleging violation of the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code section 25249.5 (Proposition 65) by failing to warn individuals who live…

Justia Opinion Summary: Defendant was charged with possession of a firearm with a prior violent conviction, having a large-capacity magazine, and carrying a loaded firearm. Detective Calderan testified that he was on patrol near Richmond's…

Justia Opinion Summary: Former CALJIC No. 2.50.02, a jury instruction on the use of charged acts of domestic violence to prove a disposition to commit domestic violence, does not lower the prosecution's burden of proof. In this case, the Court…

Justia Opinion Summary: To seek redress for an opioid epidemic, characterized by the Court of Appeal as having placed a financial strain on state and local governments dealing with the epidemic’s health and safety consequences, two California…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order granting attorney fees to respondent after the trial court entered an interlocutory judgment of partition in her favor. In this case, the trial court found that an…

Justia Opinion Summary: The juvenile court found that Dean W. (the ward) had committed a misdemeanor violation of Vehicle Code section 23152, driving under the influence. He was declared a ward of the court and placed on probation. The ward…

Justia Opinion Summary: After plaintiffs' vehicle entered into a dark intersection and was struck by another car, they filed a negligence suit against the entity responsible for maintaining the battery backup unit for the traffic signal that…

Justia Opinion Summary: Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife Kiran Rawat individually and as trustees of the Sita Ram (or “Sitaram”) Trust, for wrongful eviction and related claims. She obtained an award…

Justia Opinion Summary: Between 2000 and 2001, plaintiff-appellant Troy Flowers's application for a securities sales license was rejected by Ohio state officials because they found that he was "not of 'good business repute.'" In addition,…

Justia Opinion Summary: Jameson started working at Pacific Gas and Electric Company (PG&E) in 1985. In 2012, Nelson reported safety violations at sites supervised by Jameson. Nelson subsequently complained of harassment and retaliation. Jameson…

Justia Opinion Summary: In this case, we deny relief on a petition for review of an award of benefits made by the Workers' Compensation Appeals Board (WCAB). In 2006, while working at Pearson Ford, Leopoldo Hernandez accidentally slammed the…

Justia Opinion Summary: The Street Terrorism Enforcement and Prevention Act (the STEP Act) imposes an additional penalty on any defendant who commits a felony to benefit a criminal street gang. The Court of Appeal held that, based on the plain…

Justia Opinion Summary: Defendants-appellants the City of Huntington Beach and the City Council of Huntington Beach (collectively, City) appealed mandamus relief to plaintiffs-respondents The Kennedy Commission, William Adams and Jason Puloe…

Justia Opinion Summary: The Court of Appeal vacated defendant's sentence after he was convicted of four felonies after he was found driving a stolen vehicle. The court agreed with defendant's contention that the trial court erroneously believed…

Justia Opinion Summary: Denton sued his employer, San Francisco, alleging workplace retaliation, disability discrimination (disparate treatment, failure to accommodate, failure to engage in the interactive process), defamation, violation of…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of father's request to reduce child support, finding that father controlled the Douglas Mae Trust, order requiring father to pay the requested orthodontic expenses,…

Justia Opinion Summary: The Court of Appeal granted a petition for writ of mandate and directed the superior court to vacate its order denying petitioner's motion for in camera review and pretrial disclosure of potential impeachment material…

Justia Opinion Summary: Plaintiff Marla Hogue sought a restraining order under the Domestic Violence Prevention Act against her estranged husband, defendant Jerry Hogue, after moving back to California from Georgia. In April 2016, defendant…

Justia Opinion Summary: Plaintiff Vitatech International, Inc. (Vitatech) filed a breach of contract lawsuit against defendants National Marketing, Inc., CortiSlim International, formerly known as National Marketing, Inc., CortiSlim…

Justia Opinion Summary: Baxter sued her former employer, Genworth, for wrongful termination and related causes of action, based on discrimination and retaliation, arising out of her employment. Genworth moved to compel arbitration as part of…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's finding that defendant violated her settlement agreement with the City and permanently enjoining her from terminating tenancies at 1263–1267-1/2 North Crescent Heights…

Justia Opinion Summary: The prosecution has a sua sponte duty to provide Brady information. Defendant appealed his conviction of possessing a firearm after a felony conviction (count 1), and making criminal threats (count 4). Defendant argued…

Justia Opinion Summary: The Court of Appeal addressed whether, for purposes of overcoming the workers' compensation exclusivity doctrine (Lab. Code, section 3600(a) and 3602(a)), an employee’s statements against her hotel employer for violating…

Justia Opinion Summary: Buell pled guilty to felony driving with a blood-alcohol level of .08 percent or higher (Vehicle Code 23152(b)), and admitted three prior DUI convictions. The court imposed a sentence of 10 months in custody plus six…

Justia Opinion Summary: The victim was walking in San Leandro with his grandson and their dog. A man, whose face was covered, approached to rob him. The victim surrendered his belongings. The man struck the victim on the head with a gun and…

Justia Opinion Summary: Plaintiff filed suit against her ex-fiance for negligence after she suffered a paralyzing spinal injury when she was thrown from her dirt bike during a ride with him. The Court of Appeal affirmed the trial court's grant…

Justia Opinion Summary: Plaintiff YDM Management Company, Inc. (YDM) appeals from a judgment of the trial court in favor of defendant Sharp Community Medical Group, Inc. (Sharp), after Sharp successfully moved for summary judgment of YDM's…

Justia Opinion Summary: “Max” owed money to a group of other drug dealers for some methamphetamine that had gone missing. He delegated the ambush, binding, robbing of the drugs and money his creditors might have, and their murder. Nine men,…

Justia Opinion Summary: Liu was a Fremont licensed general contractor. Defendant, Liu's assistant, was not a contractor. The final plans for Liu's client's hillside home required excavation. Liu hired a licensed contractor, who cut into the…

Justia Opinion Summary: Defendant Adam Malik was convicted by jury of assault with a deadly weapon (Count 2) and making a criminal threat (Count 3). With respect to the latter count, the jury found defendant personally used a deadly or…

Justia Opinion Summary: In this case, the Court of Appeal denied a petition for a writ of mandate challenging an order by which the trial court retained jurisdiction to determine the amount of petitioner's restitution. In 2014, petitioner…

Justia Opinion Summary: The trust that was intended to establish a charitable foundation. When Shine became trustee, its value was about $40 million. The conservator of the incompetent trustor sought an accounting, which revealed a significant…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment involving various counts of Penal Code violations relating to child molestation. In this case, the prosecution introduced evidence of uncharged sex offenses…

Justia Opinion Summary: The Court of Appeal vacated the juvenile court's order terminating parental rights and remanded the matter to the juvenile court to make the findings necessary to determine jurisdiction under the Uniform Child Custody…

Justia Opinion Summary: Tracy J. Swearingen appealed from an order denying her petition to enforce a no contest clause and disinherit Jose Francisco Aviles as a trust beneficiary of the Margaret B. Chappell (Peggy) Living Trust. The Court of…

Justia Opinion Summary: Plaintiff-appellant Paul Kendall's second amended complaint made several types of class-wide claims that challenged the billing and collection practices of the health facility operating an emergency room where he…

Justia Opinion Summary: While working as a crane operator, plaintiff George Sutherland sustained injuries when his crane tipped over. Sutherland filed his original complaint, which included a negligence cause of action against real party in…

Justia Opinion Summary: Defendants-respondents the City of Davis (City) and the City Council of the City of Davis (City Council) approved a conditional use permit authorizing the use of a single family home in a residential zoning district as…

Justia Opinion Summary: Appellants Gordon and Donna Runyon were once married. In 2010, respondent Comerica Bank (Comerica) obtained a joint and several judgment for breach of guaranty against Gordon and some other defendants. Gordon and Donna…

Justia Opinion Summary: At 3:35 a.m. on the San Mateo Bridge, Ong’s vehicle collided with the Gonzalez vehicle. Gonzalez's passenger, Morales, was killed. At the accident scene, Ong said that he worked the night shift at Genentech was driving…

Justia Opinion Summary: Lyons sued Colgate, alleging that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet cosmetic talcum powder. Colgate manufactured Cashmere Bouquet from 1871 to 1985 and continued marketing it until…

Justia Opinion Summary: The Department recommended that the child remain removed from her legal guardians' custody and placed in suitable out-of-home care until her legal guardians could make adequate progress to return her to their custody.…

Justia Opinion Summary: Defendant pleaded guilty to felony possession of a controlled substance and was initially placed on deferred entry of judgment for 24 months. Six years and 22 appearances later, the trial court terminated defendant's…

Justia Opinion Summary: In 2001, Michael Durkin, through two limited liability companies, purchased two lots directly adjacent to the McClellan Palomar Airport (Airport) in the City of Carlsbad (City). His development plans for the two lots…

Justia Opinion Summary: Defendant was sentenced to eight months in prison for his conviction of violating the terms of his release from custody. Defendant had an ankle monitor and was not allowed to leave the county without permission. The GPS…

Justia Opinion Summary: Guanill, a 60-year-old disabled, homeless man who takes pain medication, abuses alcohol, and is known to be abusive to medical staff, arrived at San Francisco General Hospital emergency department at 3:27 a.m. on…

Justia Opinion Summary: San Francisco Baseball Associates (the Giants) unsuccessfully moved to compel arbitration of the wage and hour claims of Melendez, a security guard employed at AT&T Park. Melendez argued that he and other security guards…

Justia Opinion Summary: Defendant Darren Rose, a member of the Alturas Indian Rancheria, ran two smoke shops located in Indian country but far from any lands governed by the Alturas Indian Rancheria. In those smoke shops, Rose sold illegal…

Justia Opinion Summary: In December 2002, defendant Leonard Warmington worked a courtesy clerk at a Redding Walmart. He stole a television from the store, returned it for a $746.46 Walmart gift card, and used the card to purchase various items.…

Justia Opinion Summary: Plaintiff John PD Doe was sexually abused by a Boy Scout master beginning in 1998 and continuing for a number of years at a ranch owned and operated by defendants, San Diego-Imperial Council and Boy Scouts of America. In…

Justia Opinion Summary: T.F., then a 13-year-old special education student, was accused of possessing a weapon on school grounds (Penal Code 626.10(a)) and committing a lewd act on a child under age 14 (Penal Code 288(a)). Before and during his…

Justia Opinion Summary: The Judicial Council of California (Government Code 70321) prepared an environmental impact report (EIR, California Environmental Quality Act (Pub. Resources Code, 21000)) in connection with the consolidation of El…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for first degree murder, first degree burglary, and conspiracy to commit murder. In the published portion of the opinion, the court held that Proposition 57 does not…

Justia Opinion Summary: The 7,517-square-foot lot, on the south side of Telegraph Hill bordering the Filbert Street steps, was unimproved except for a small uninhabitable 1906 cottage. Four other buildings were demolished in 1997. The…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's holding that, because there was no clear and conclusive evidence of a contrary intent, joint bank accounts passed as a matter of law to petitioner upon her mother's death.…

Justia Opinion Summary: Mainstay Business Solutions (Mainstay), a division of the Blue Lake Rancheria Economic Development Corporation, was a tribal government-sponsored entity of Blue Lake Rancheria, a federally recognized Indian tribe.…

Justia Opinion Summary: Wiseman filed suit seeking to recover "carrying charges" it paid Southern on the theory that those charges were not permitted by the Alcoholic Beverage Control Act. The trial court ruled that the California Department of…

Justia Opinion Summary: Christopher Drew petitioned under Penal Code section 1170.126 to recall a sentence pursuant to the Three Strikes Reform Act of 2012. The trial court denied the petition because it was untimely and the court found Drew…

Justia Opinion Summary: The petition underlying this appeal challenged a trial court order summarily adjudicating a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the Act), a cause of action for fraud by…

Justia Opinion Summary: Plaintiffs, three Laotian correctional officers, filed suit against the County pursuant to the Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., while simultaneously pursuing their workers'…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion for a new trial based on juror misconduct. In this case, the jurors' comments concerning defendant's decision not to testify did not show that…

Justia Opinion Summary: The fact that an aircraft touches down in another state, without more, does not mean that the other state has acquired situs over the aircraft under the traditional due process test for situs, such that California may no…

Justia Opinion Summary: Garcia was dating Delgadillo’s ex-wife when Delgadillo’s daughter suffered bruises and complained that Garcia had hit her. Delgadillo called the police. Three weeks later, as Delgadillo was watching football with…

Justia Opinion Summary: Christensen, an applicant for aid under the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program, Welf. & Inst. Code, 11200, lives with her husband and her children. Her husband is the…

Justia Opinion Summary: Defendant Demetrius Mays and several of his relatives went with Charles Williams to confront Marcel Hatch, who had previously beaten Williams. When the group arrived, Williams shot and killed Hatch. A jury convicted…

Justia Opinion Summary: In 1986, Brillantes married Minerva, a U.S. citizen, so that he could come to the U.S. from the Philippines. In 1991, Brillantes sought dissolution of the marriage in Nevada, declaring himself a “bona fide resident” of…

Justia Opinion Summary: Linton drove DeSoto taxicabs, 2008-2012, after submitting his social security number, proof that he was eligible to work in the U.S., his driver’s license, and a DMV printout. Linton signed DeSoto’s 15-page Lease without…

Justia Opinion Summary: Prior to conducting a bench trial, the trial court must obtain personally from a mentally disordered offender (MDO) defendant a knowing, intelligent, and voluntary waiver of the right to a jury trial unless the court…

Justia Opinion Summary: The plain language of the anti-SLAPP statute, Code of Civil Procedure section 425.16, applies to a petition to enforce a no contest clause. In this case, a beneficiary filed a petition for instructions as to whether the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of Proposition 36 resentencing relief where the jury convicted defendant of false imprisonment by violence and misdemeanor assault. Defendant was acquitted of other…

Justia Opinion Summary: Defendant Nan Hui Jo was convicted by jury of child custody deprivation, for which she was sentenced to 175 days in county jail and thirty-six months probation. She appealed, raising nine alleged evidentiary and…

Justia Opinion Summary: K.S. was detained by the San Francisco Human Services Agency shortly after her birth in January 2017, due to a referral indicating that mother had tested positive for methamphetamines during a recent prenatal visit. The…

Justia Opinion Summary: RSB purchased a vineyard jointly owned by the defendants, including a residence that defendants had renovated and converted into a wine tasting room. RSB later learned that the renovated residence was structurally…

Justia Opinion Summary: Vallejo’s zoning code does not recognize medical marijuana dispensaries as a permitted land use. An unpermitted use is “a public nuisance.” Vallejo recently adopted Ordinance No. 1715 granting limited immunity to medical…

Justia Opinion Summary: Petitioner Darren Williams sought relief from the superior court’s order denying his Penal Code section 9951 motion to dismiss an indictment issued by a grand jury charging him with a series of cell phone store…

Justia Opinion Summary: The State of California sued to recover from various insurers the costs of cleaning up the Stringfellow hazardous waste site, pending since 1993. The only remaining insurers were the Continental Insurance Company and…

Justia Opinion Summary: Defendant Edward Thomas molested his daughter for 10 years, beginning when she was four or five years old. He admitted his conduct in a telephone call with his daughter and in a letter to her mother. A jury convicted…

Justia Opinion Summary: The State Water Resources Control Board (Wat. Code, 174(a)) has permitting authority, limited to surface water and to “subterranean streams flowing through known and definite channels.” It does not have authority over…

Justia Opinion Summary: People v. Sanchez, (2016) 63 Cal.4th 665, which holds that an expert's hearsay statements to prove a defendant's gang membership are inadmissible hearsay, applies to cases involving commitments of mentally disordered…

Justia Opinion Summary: This case involved citations issued to smog technician Marc Madison and his employer Davis Test Only Smog Testing (d/b/a Citrus Heights Star Smog (Star Smog)), after Madison passed an unpassable vehicle brought to the…

Justia Opinion Summary: Francisca Cabandong filed the underlying action in 2012 and served Shawn Higgins with a summons and third amended complaint in August 2016. In this writ proceeding, Higgins challenged the trial court's denial of his…

Justia Opinion Summary: Law enforcement officers searched the home of Davis and Mooring and found over 4,000 prescription pills, many in prescription pill bottles. Their names were on some pill bottle labels, other labels bore the name of their…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order modifying the amount of spousal support ex-husband was obligated to pay ex-wife and a subsequent order denying his motion for a new trial, motion to vacate, and motion…

Justia Opinion Summary: Oregon State University (Oregon State) petitioned for a peremptory writ of mandate to direct a California superior court to vacate an order overruling Oregon State's demurrer to George Sutherland's first amended…

Justia Opinion Summary: Plaintiffs and appellants Luz Solar Partners Ltd., III; Luz Solar Partners Ltd., IV; Luz Solar Partners Ltd., V; Luz Solar Partners Ltd., VI; Luz Solar Partners Ltd., VII; Luz Solar Partners Ltd., VIII and Harper Lake…

Justia Opinion Summary: In 2012, police searched a residence where Bobbie McCloud happened to rent a room. The officers were initially there to perform a probation search of someone else, but ended up arresting McCloud when they found crack…

Justia Opinion Summary: Plaintiff filed a complaint seeking civil penalties under the Labor Code Private Attorneys General Act (PAGA), Lab. Code, 2698, alleging that his employer, Friant, failed to include the last four digits of its employees’…

Justia Opinion Summary: Defendant was convicted of first degree murder, three counts of attempted premeditated murder, and two counts of shooting at an occupied dwelling. Defendant argued that his sentence pursuant to the Three Strikes law was…

Justia Opinion Summary: Sargon filed a malpractice suit against BGR and BGR petitioned to compel arbitration. The Court of Appeal held that the arbitrator erred in finding that the parties' arbitration agreement included a promise to forego…

Justia Opinion Summary: The juvenile court is statutorily required to appoint counsel for the parent of a child who is in an out-of-home placement if the parent is presently financially unable to afford and cannot for that reason employ counsel…

Justia Opinion Summary: Two cases consolidated for review involved a property where a shooting range had been operated for decades (the Property), its remediation by Plaintiffs Otay Land Company, LLC (OLC) and Flat Rock Land Company, LLC (FRLC)…

Justia Opinion Summary: Dr. Leah Levi, a neuro-ophthalmologist, appealed the grant of summary judgment in favor of her former employer, the Regents of the University of California (Regents), and Dr. Robert Weinreb, the chair of the department…

Justia Opinion Summary: Believing nonpublic content of the victim's Facebook account might provide exculpatory evidence helpful in preparing for trial, real-party-in-interest Lance Touchstone served petitioner Facebook with a subpoena for the…

Justia Opinion Summary: The dispute underlying this appeal was between a contractor (respondent) and subcontractor (appellants). The parties sued each other for alleged damages arising out of a construction project on California State Route 91.…

Justia Opinion Summary: A brewer's cancellation of a contract, when that cancellation will be followed by negotiation and possibly arbitration under Business and Professions Code 25000.2, does not qualify as "protected activity" within the…

Justia Opinion Summary: In 2013, plaintiff-respondent Gerardo Medina purchased a used car from defendant-appellant South Coast Car Company, Inc. The sales contract was eventually assigned to Veros Credit, LLC, and plaintiff sued on nine causes…

Justia Opinion Summary: The 4.75-acre Laurel Way site is in a hillside canyon, is steeply sloped, and contains a private, dead end street that is only partially paved. Redwood City divided its proposed development into a first phase, involving…

Justia Opinion Summary: Michael Brooks was charged with unlawful possession of ammunition; possession of controlled substance paraphernalia; and possession of a controlled substance. As to the first count, the information alleged that Brooks…

Justia Opinion Summary: Guadalupe Ramirez petitioned for mandamus relief, asking the Court of Appeal to direct the superior court to vacate its order extraditing him to Arizona. Ramirez contended he was mentally incompetent and the court's…

Justia Opinion Summary: Julio Martinez III, was convicted of possessing and transporting a controlled substance. In addition to three years of supervised probation, the trial court ordered Martinez to pay two mandatory fees: a $50 crime-lab fee…

Justia Opinion Summary: Vallejo filed a petition for bankruptcy relief in 2008. Under its existing labor agreement with the Vallejo Police Officers Association (VPOA), the city paid the full premium cost for retirees and employees of any…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's decision to lift a deferred entry of judgment (DEJ), sustain a delinquency petition against defendant, declare him a ward of the court, and terminate jurisdiction.…

Justia Opinion Summary: Daylo Trujillo pleaded guilty to attempted robbery and assault by means likely to cause great bodily injury, for which he was sentenced to one year in county jail and three years' formal probation. Trujillo’s appeal of…

Justia Opinion Summary: Defendants Steve George and Real Estate Portfolio Management, LLC (REPM) appealed a trial court’s order granting the motion of plaintiffs Angelica Lynn and Angel Lynn Realty, Inc. (ALR) to disqualify counsel. George and…

Justia Opinion Summary: Plaintiffs sought a writ of mandate regarding their efforts to place a referendum on the ballot concerning a resolution passed by the City of San Bruno, approving the sale of real property, the former U.S. Navy facility,…

Justia Opinion Summary: The Court of Appeal vacated the juvenile court's jurisdictional finding over the child under Welfare and Institutions Code section 300, subdivision (b), and his removal from mother's custody. The court held that the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's commitment order subjecting defendant to treatment as a mentally disordered offender (MDO) under Penal Code 2962. The court held that the 60-day timeline set forth in…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdictional finding over the child under Welfare and Institutions Code section 300, subdivision (b). The court held that the juvenile court's finding was not supported…

Justia Opinion Summary: The Department of Pesticide Regulation, acting under the Food & Agriculture Code, approved amended labels for two registered pesticides: Dinotefuran 20SG and Venom Insecticide, which allowed both pesticides to be used on…

Justia Opinion Summary: Adolf Gonzalez was shot and killed in an incident with two Anaheim police officers. Plaintiffs were the Decedent’s mother and minor daughter, who filed a complaint in federal court against the City of Anaheim (the City)…

Justia Opinion Summary: South San Francisco approved a conditional-use permit allowing an office building to be converted to a medical clinic for use by Planned Parenthood Mar Monte. The city determined that its consideration of the permit was…

Justia Opinion Summary: Defendant Shingle Springs Band of Miwok Indians (the Tribe) appealed a judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in plaintiff’s breach of contract action stemming from a deal to…

Justia Opinion Summary: At a special hearing, the juvenile court issued a permanent restraining order prohibiting the child's stepfather from having any contact with the child (C.M.). The child's mother, E.S., appealed an order the juvenile…

Justia Opinion Summary: The Court of Appeal reversed the jury's verdict in favor of two officers in an action alleging that the Police Department discriminated against the officers. The court held that, while the evidence that the officers…

Justia Opinion Summary: The Court of Appeal granted petitioner's habeas petition challenging the legality of his confinement under Penal Code 4024.2 for violating the terms of his work release program. The court held that there was no legal…

Justia Opinion Summary: In September 2014, Andrew, less than one month old, was admitted to the hospital with a skull fracture, bilateral hematomas on both sides of the brain, diffused retinal hemorrhage in his right eye, and multiple old…

Justia Opinion Summary: Defendant Anice Plikaytis appealed an order awarding her attorneys' fees in a breach of contract action brought by plaintiff Debra Roth. In the published portion of its opinion, the Court of Appeal agreed with…

Justia Opinion Summary: After the trial court denied a motion to suppress evidence, Megan Sandee pled guilty to possession for sale of a controlled substance and unauthorized possession of a controlled substance. The trial court granted felony…

Justia Opinion Summary: A jury convicted Jason Leonard of robbery, assault with a deadly weapon, hit and run with injury, exhibiting a deadly weapon other than a firearm, vandalism, reckless driving while evading a peace officer, and two counts…

Justia Opinion Summary: If a municipality imposes a sales tax, the State Board of Equalization (now the California Department of Tax and Fee Administration) has the authority to collect and then remit the tax back to the municipality under the…

Justia Opinion Summary: The Unruh Civil Rights Act prohibits arbitrary discrimination in public accommodations with respect to trained service dogs, but not to service-dogs-in-training. The Court of Appeal affirmed summary judgment in favor of…

Justia Opinion Summary: A child who seeks a declaration of paternity after her putative father is deceased presents a justiciable controversy when the child requests no financial remuneration. The Court of Appeal reversed the trial court's…

Justia Opinion Summary: Johnson was at an Open Door clinics on November 3, 2011, to review test results with a nurse-practitioner. Before she entered the treatment room, her vital signs were taken and she was weighed on a scale located against…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of sodomy of an intoxicated person, holding that the trial court did not prejudicially err by refusing to instruct the jury that an actual and reasonable belief that…

Justia Opinion Summary: The juvenile court possesses the statutory authority to terminate its jurisdiction at disposition in an appropriate case upon releasing the dependent child to a custodial parent. In this case, the Court of Appeal…

Justia Opinion Summary: A jury convicted Alan Hunter and James Paschall of first degree murder under the provocative acts doctrine for the slaying of their accomplice in a botched robbery at a jewelry store. The jury also convicted defendants…

Justia Opinion Summary: The Court of Appeal affirmed the denial of defendants' motion to suppress evidence and to quash and traverse the warrant pursuant to Penal Code 1538.5 after defendants were convicted of one felony count of dog fighting…

Justia Opinion Summary: The California Correctional Peace Officers Association (the Association) brought a grievance on behalf of correctional officer Sammie Gardner, alleging a violation of his rights under the Uniformed Services Employment…

Justia Opinion Summary: This case arose out of an insurance dispute between a general contractor, its subcontractor, and the subcontractor’s general liability carrier over water damage to a construction site caused by heavy rains. The United…

Justia Opinion Summary: Fairfield police officers found a baton in defendant’s vehicle after defendant was stopped for a traffic violation and then arrested at the scene as a suspect in a domestic violence incident. Defendant was charged with…

Justia Opinion Summary: San Luis Rey Racing, Inc. (SLRR) appealed the denial of its petition for mandamus relief. SLRR wanted the superior court to overturn certain orders of the California Horse Racing Board (CHRB) regarding the management of…

Justia Opinion Summary: In 2013, Taleia Harris pled guilty to felony grand theft from a person for stealing a wallet from the victim's person. A year later, California voters enacted Proposition 47, the Safe Neighborhoods and Schools Act…

Justia Opinion Summary: For over 20 years, Orlando was employed by Friendship House Association of American Indians, a drug and alcohol rehabilitation program providing treatment services to Native Americans. The program’s CEO was also…

Justia Opinion Summary: The United States Supreme Court's subsequent narrowing of the Sixth Amendment right to confront and cross-examine witnesses to protect against only "testimonial" statements—as accomplished in Crawford v. Washington,…

Justia Opinion Summary: The Court of Appeal treated the consolidated appeal as a petition for writ of mandate and reached the merits of the superior court's order compelling arbitration of plaintiff's individual claims and terminating the class…

Justia Opinion Summary: Plaintiffs are current and former correctional peace officers who work or worked at various state correctional facilities. They brought coordinated class actions alleging they were improperly denied pay for the time they…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of shooting at an occupied motor vehicle. The court held that, in light of the California Supreme Court’s decision in People v. Sanchez, 63 Cal.4th 665, admission of…

Justia Opinion Summary: Real parties in interest are insurers that issued excess comprehensive general liability (CGL) policies to Montrose, a manufacturer of the pesticide DDT. Montrose filed suit seeking a declaratory judgment that it may…

Justia Opinion Summary: Plaintiff-appellant Erika Grotheer was a non-English speaking German citizen who took a hot air balloon ride in the Temecula wine country and suffered a fractured leg when the basket carrying her and seven or eight…

Justia Opinion Summary: Congress has expressed no intent to foreclose tort liability against cigarette manufacturers, even if liability may have some negative impact on the sale of cigarettes. But-for causation does not apply in a case of…

Justia Opinion Summary: Defendant was convicted of second degree robbery and second degree commercial burglary when he stole a cellphone from a store. After a confrontation with the storeowner, defendant pulled out a knife as he attempted to…

Justia Opinion Summary: The Court of Appeals affirmed the dismissal of a dependency petition filed on behalf of two minors under Welfare and Institutions Code section 300. In this case, the juvenile court concluded that the evidence presented…

Justia Opinion Summary: In 2013, plaintiff Direct Capital Corporation (DCC) leased computer equipment to a since-disbarred Kansas attorney (Mary Brooks, with many aliases, hereafter Mary) who practiced immigration law in Stockton. After Mary…

Justia Opinion Summary: The city of Anaheim, as successor to the former Anaheim Redevelopment Agency, sought approval from the California Department of Finance to obtain money from the Redevelopment Property Tax Trust Fund (the fund) for two…

Justia Opinion Summary: Defendant-appellant American Safety Indemnity Company (“ASIC”) challenged a judgment awarding over $1.4 million in compensatory and punitive damages to plaintiff-respondent Pulte Home Corporation (Pulte), who was the…

Justia Opinion Summary: The Attards own an undeveloped 5-acre parcel in unincorporated Contra Costa County (Fish Ranch Road) on the north side of Highway 24, near the east portal of the Caldecott Tunnel, approximately one mile west of Orinda.…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order setting aside a planned development permit (PDP) issued by the City. The court held that issues regarding the legal status of the individual lots under the Subdivision…

Justia Opinion Summary: After a shopping center tenant defaulted on a secured loan, the lender took possession of the premises through foreclosure and transferred its interest to a third party. The third party then surrendered the premises and…

Justia Opinion Summary: In Romano v. Rockwell Int'l, Inc., 14 Cal.4th 479, the court held that under the Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., a party alleging that a discriminatory act led to the…

Justia Opinion Summary: The trial court permitted the State to display to the jury an approximately twenty-foot long "timeline" of the alleged molestations that a therapist created with P.C. in preparation for a prior proceeding in this case.…

Justia Opinion Summary: Appellant Charles Drew sexually assaulted Amber Oceja while she was in a diabetic coma, and within two hours of the assault, Oceja died from diabetic ketoacidosis. The experts all agreed that since Oceja was already…

Justia Opinion Summary: In December 2015, the Contra Costa County District Attorney filed a petition alleging Charles committed felony violations of Penal Code section 29610 by possession of a firearm by a minor and of section 25400(a)(2) by…

Justia Opinion Summary: Petitioner was convicted of first degree felony murder of Rene Franco and second degree robbery of Ana Saravia. Petitioner was convicted of murder for aiding and abetting an associate who shot Franco after snatching…

Justia Opinion Summary: Michael Brooks was charged with unlawful possession of ammunition (count 1); possession of controlled substance paraphernalia (count 2); and possession of a controlled substance (count 3). As to count one, the…

Justia Opinion Summary: Noemi Mendoza appealed after a trial court denied her request to make a permanent spousal support order retroactive to the filing date of her petition for marriage dissolution. The trial court based its denial on…

Justia Opinion Summary: Mercury filed suit against the City for inverse condemnation after a tree fell on the home of a couple insured by Mercury. The trial court entered judgment for Mercury, finding the tree that fell on the couple's home was…

Justia Opinion Summary: Plaintiff filed suit against the Gap, alleging that she was misled about the quality and authenticity of Gap and Banana Republic factory store clothing. Plaintiff alleged causes of action under the Unfair Competition Law…

Justia Opinion Summary: Paternal great-grandparents Ed and Yvonne H. appealed an order denying their request for joinder and petition to seek visitation with their great-grandchildren. Ed and Yvonne's argued the court erred in finding they…

Justia Opinion Summary: In 2010, Omni, the landowner and developer, sought approval for construction of a shopping center on 11 acres of property zoned commercial, to consist of 10 retail buildings. Monterey County approved the project. An…

Justia Opinion Summary: In the mid-1990s Martha (now 79) and Fred (now 86) purchased life insurance policies, with $1,000,000 death benefits for a $14,000 annual premium, naming their children as beneficiaries. The policies were held by a…

Justia Opinion Summary: A defendant in a putative class action can waive its right to compel arbitration against absent class members by deciding not to seek arbitration against the named plaintiff. In this wage and hour class action, the Court…

Justia Opinion Summary: Riddell filed suit against Insurers, alleging that they owed Riddell a defense and indemnity in third party actions by former professional football players claiming that they suffered personal injuries resulting from…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of assault with intent to commit rape, attempted kidnapping to commit rape, assault with intent to commit rape, false imprisonment by violence, and dissuading a witness…

Justia Opinion Summary: Plaintiff filed a wrongful death suit against the City after her grandson died during a police pursuit. Plaintiff claimed that an officer acted negligently and committed battery by performing a Pursuit Intervention…

Justia Opinion Summary: A jury convicted Alexander Ledesma of rape and kidnapping to commit rape. The jury found true allegations attached to count 1 under California's One Strike Law that Ledesma's kidnapping of the victim substantially…

Justia Opinion Summary: Plaintiffs Amber Retzloff, James Franklin, and Nancy Stewart sued defendant Moulton Parkway Residents’ Association No. One (the association), twice for alleged violations of the Davis-Stirling Common Interest Development…

Justia Opinion Summary: Kho worked as a mechanic for One Toyota (OTO) from 2010-2014, when his employment was terminated. Kho filed a wage claim with the California Labor Commissioner. After settlement discussions failed, OTO filed a petition…

Justia Opinion Summary: Petitioner sought a writ of mandate, contending that the Appellate Division erred in requiring criminal restitution in a manner intended to apply to civil actions, and by ordering restitution of attorney fees in an…

Justia Opinion Summary: This case arose from competing claims to a portion of the Yuba Goldfields, a 10,000-acre valley on both sides of the Yuba River near Marysville. At issue was whether an arbitration award resolving a dispute between…

Justia Opinion Summary: In 1990, appellant Matthew Albert Parker and respondent Mary Katherine Parker divorced. Mary and Matthew shared two children. In 2014, Matthew sought an order (1) requiring respondent San Bernardino County Department of…

Justia Opinion Summary: D.H. was removed from, and failed to reunify with, his paternal grandparents, who had been caring for him under a probate guardianship. The entire case, from the petition, to removal, to termination of services, focused…

Justia Opinion Summary: Defendant Halim pleaded guilty to misuse of visas and Defendant Anwar pleaded guilty to minimum wage violations. Halim then pleaded guilty to human trafficking and Anwar pleaded guilty to being an accessory after the…

Justia Opinion Summary: When a dependency court declares children dependent and removes them from a parent's custody, it is an abuse of discretion to order a reunification plan with which the parent indisputably cannot comply due to a language…

Justia Opinion Summary: Edward Benjamin Button was tried by jury and convicted on one count of corporal injury to a spouse or roommate, and one count of assault by means likely to produce great bodily injury. The trial court imposed a sentence…

Justia Opinion Summary: Between 1996-1999, Skulason was convicted of three misdemeanors involving the operation of a vehicle. In 2000, she applied for a real estate salesperson’s license. The Bureau of Real Estate initiated an administrative…

Justia Opinion Summary: Plaintiff and his wife filed suit against his employer, the school district, and two of his supervisors, alleging discrimination, harassment, and retaliation. The trial court granted defendants' special motion to strike…

Justia Opinion Summary: Plaintiff Dennis Ponte demanded defendant County of Calaveras (County) to pay him over $150,000 to reimburse him for work purportedly performed on the County’s behalf pursuant to an oral contract. The contract did not…

Justia Opinion Summary: FFC and Global appealed the arbitrator's award after Global filed suit against FFC to recover amounts owed on unpaid invoices. The Court of Appeal held that the trial court prejudicially erred when it failed to apply the…

Justia Opinion Summary: Plaintiff-appellant Aleksei Sviridov was terminated as a police officer for the City of San Diego. In the first appeal, Sviridov challenged an order denying his petition for administrative mandamus in which he sought a…

Justia Opinion Summary: Litigation under the Public Records Act (PRA) (Gov. Code, sec. 6250 et seq.) is one of the rare instances where a losing party may still be deemed a prevailing party entitled to an attorney fee award. Ponani Sukumar…

Justia Opinion Summary: The sperm of Brian Cole was used to inseminate Mie Tsuchimoto, who gave birth to a boy (the child). When the child was six years old, the County of Orange filed a complaint to declare Cole to be the child’s father and to…

Justia Opinion Summary: A jury found defendant Armando Pineda, Jr. guilty of second degree murder for shooting the patriarch of a neighboring family, Rogelio Islas (Rogelio). Defendant was 17 years old at the time of the crime, and the district…

Justia Opinion Summary: Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed a vacant, bank-owned property in Simi Valley for sale. The property had a backyard with an empty swimming pool and diving board. While…

Justia Opinion Summary: Property owners who purchased through a foreclosure sale sued the bank that sold the house, alleging that they were mislead the bank’s deed of trust was the first deed of trust, when another remained on the property, and…

Justia Opinion Summary: Trever P. was found by the juvenile court to have committed acts of sexual molestation against his four-year-old cousin while babysitting him one day. Trever was twelve-years-old at the time of the offenses. The court…

Justia Opinion Summary: In November 2004, an excavator punctured a high-pressured petroleum line owned by Kinder. Gasoline, released into the pipe trench, was ignited by welding activities. The resulting explosion and fire killed five employees…

Justia Opinion Summary: Before appellants purchased Martins Beach, the public was permitted to access the coast by driving down Martins Beach Road and parking along the coast, usually upon payment of a fee. Because it is sheltered by high…

Justia Opinion Summary: FC Surety posted $150,000 bail to secure Ventura‘s release from custody in San Francisco. On September 15, 2014, when Ventura failed to appear, the court issued a bench warrant and declared the bond forfeited, stating…

Justia Opinion Summary: Plaintiff filed suit alleging claims for damages against various defendants arising from his contraction of coccidioidomycosis (commonly known as valley fever) while incarcerated in the Kern Valley State Prison. The…

Justia Opinion Summary: A jury found defendant Chester Brown guilty of two counts of human trafficking involving two different victims. During the trial, the jury heard evidence that defendant was essentially pimping minors, in at least one…

Justia Opinion Summary: This appeal concerned a limited liability company, JPB Investments LLC (JPBI), created and operated by respondent James Baldwin, a real estate developer. Appellant Curci Investments, LLC (Curci) sought to add JPBI as a…

Justia Opinion Summary: Bail for Cruz, charged with various crimes, was set at $30,000. He was ordered to appear on February 18, 2015, for supervised pretrial release eligibility report, and on February 26, for a preliminary hearing. Financial…

Justia Opinion Summary: Plaintiffs are Cross, also known as Mikel Knight, a country rap artist, and his businesses. Two vans, carrying independent contractors promoting Knight’s music, were involved in accidents that resulted in two deaths.…

Justia Opinion Summary: Petitioner Homer Harris sought a writ of mandate after the Appellate Division of the Superior Court of San Joaquin County summarily denied the appointment of counsel to represent him in his appeal of a restitution order…

Justia Opinion Summary: PGA West Residential Association, Inc. (PGA West) alleged defendant Dempsey Mork tried to fraudulently insulate the equity in his condominium from creditors by naming Hulven International, Inc. (Hulven), a sham…

Justia Opinion Summary: Plaintiff Melony Light appealed judgments in favor of her employer, defendant California Department of Parks and Recreation (Department), and her former supervisors, defendants Leda Seals and Kathy Dolinar, following…

Justia Opinion Summary: This case arose from a community college’s decision to buy a plot of vacant land from a regional park district for potential future use as the site of a new campus. Plaintiffs-appellants Martha Bridges and John Burkett,…

Justia Opinion Summary: In a 2005 Cooperation and Option Agreement to facilitate Russell's construction and operation of the Energy Center, a natural gas-fired, combined cycle electric generating facility in Hayward, the city granted Russell an…

Justia Opinion Summary: Prior to its dissolution, Culver City’s former redevelopment agency made an unauthorized transfer to the City of about $12.5 million. The Department of Finance (DOF) discovered the unauthorized transfer after the former…

Justia Opinion Summary: In the limited context of a situation where disclaimer was raised as a defense to an unfair labor practices charge based on the failure to bargain, the Court of Appeal held that the Board correctly identified and applied…

Justia Opinion Summary: In 1999, Ayala, unable to qualify for a mortgage to buy a five-unit Vacaville residential property, sought assistance from Dawson, a real estate broker. According to Ayala, they orally agreed that Dawson would obtain the…

Justia Opinion Summary: In an earlier action in which Florencia Garcia petitioned to dissolve her marriage to Juan Garcia (Dissolution Action), the family court found that Florencia did not meet her burden of establishing a valid marriage and…

Justia Opinion Summary: Tetrachloroethylene (also known as perchloroethylene or PCE) and trichloroethylene (TCE), were detected in groundwater drawn from a drinking water well in the South Basin area operated by the Irvine Ranch Water District…

Justia Opinion Summary: K.W.’s one-year conservatorship (Welf. & Inst. Code 5000) was established in 2015 following a contested bench trial. The Conservator petitioned for reappointment in 2016. K.W. requested a jury trial. Bravo, certified by…

Justia Opinion Summary: Defendant argued that his prior convictions for burglary and robbery in Oregon could not be used to enhance his current sentence, because he did not voluntarily and intelligently waive his rights when he pleaded no…

Justia Opinion Summary: L.L. was a ten-year-old girl when the juvenile court issued an order finding B.S. was her presumed father pursuant to Family Code1 section 7611, subdivision (d), and also finding he was a third parent pursuant to section…

Justia Opinion Summary: A jury found defendant-appellant Moses Echavarria guilty of first degree murder and assault with a firearm. The jury found true the allegations that, during the murder, defendant personally and intentionally discharged a…

Justia Opinion Summary: San Francisco officers, responding to a broadcast that someone in the area might have a firearm, saw individuals, known to have gang associations, on the corner in a rival gang area. Concerned that they might be trying…

Justia Opinion Summary: Mother appealed the juvenile court's order declaring her children dependents of the court under Welfare and Institutions Code section 300, subdivision (b)(1). DCFS cross-appealed and moved to dismiss Mother's appeal as…

Justia Opinion Summary: Defendant Ravinesh Singh appeals from his conviction of first degree murder. When officers searched defendant’s home in 2011, they found handwritten rap lyrics that described criminal behavior similar to how defendant…

Justia Opinion Summary: J.C.’s early years were marked by extreme neglect and abuse. He was removed from his mother at age five and placed in numerous foster homes until he was eventually adopted. J.C. would be adjudged a ward of the court when…

Justia Opinion Summary: For purposes of the Iskanian rule, the Private Attorneys General Act of 2004 (PAGA) representative claims for civil penalties are limited to those where a portion of the recovery is allocated to the Labor and Workforce…

Justia Opinion Summary: Prime filed suit against Kaiser, alleging that Kaiser failed to reimburse Prime for emergency medical services Prime provided to Kaiser members. On appeal, Kaiser challenged the trial court's denial of its petition to…

Justia Opinion Summary: Marlene Baker LaBerge, a 73-year-old woman, was a resident and patient of a 24- hour skilled nursing facility owned by Italian Maple Holdings, LLC dba La Paloma Healthcare Center (La Paloma). LaBerge's heirs, Paul…

Justia Opinion Summary: A juvenile court dismissed a delinquency petition and sealed the minor's records. A criminal defendant later filed a request for disclosure of the minor's sealed records; defendant was charged with the pimping,…

Justia Opinion Summary: In 2012, Vikash, a U.S. citizen born in Fiji, married Ashlyne, a citizen of Fiji, in Fiji in an arranged marriage. Vikash filed an immigration visa petition on Ashlyne's behalf, which was approved, and submitted an…

Justia Opinion Summary: Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana. Development began in 2002; featured residences were to be “high-end settlement cabins,” close to a massive lodge, containing restaurants, stores,…

Justia Opinion Summary: In 2005, Nicholas and Mary Conroy refinanced their home with a mortgage loan secured by a deed of trust on the property. Five years later, the Conroys stopped making payments and defaulted on their loan. In an effort to…

Justia Opinion Summary: In this appeal, at issue was whether the trial court erred in granting a petition for writ of administrative mandate ordering the Department of Motor Vehicles (the Department) to rescind an order suspending the driver's…

Justia Opinion Summary: Nathan Minnick sued his former joint employers, Automobile Creations, Inc. and Dynamic Auto Images, Inc. (defendants), alleging their vacation policy violated state law because it required employees who worked for less…

Justia Opinion Summary: A jury found defendant-appellant Jason Arredondo guilty of 14 sex offenses against four girls, namely, his three stepdaughters, F.R., A.J.R., A.M.R., and another girl, M.C., a friend of F.R.’s. Defendant was sentenced to…

Justia Opinion Summary: Defendants Beachcomber Management Crystal Cove, LLC (Management) and Douglas Cavanaugh (collectively, Defendants) challenged a trial court’s order disqualifying the law firm of Kohut & Kohut LLP (Kohut) from continuing…

Justia Opinion Summary: Guerrero applied for workers’ compensation benefits after he was injured in the course of his employment as a construction laborer. He received temporary disability benefits: November 18–December 4, 2005, and January…

Justia Opinion Summary: After his son drowned in a swimming pool owned by defendants, plaintiff filed suit for general negligence and premises liability. The trial court granted summary judgment to defendants. The Court of Appeal exercised its…

Justia Opinion Summary: Mission Bay Park was the largest man-made aquatic park in the country. While Lorin Toeppe was walking through Mission Bay Park with her boyfriend, a branch fell off a eucalyptus tree and struck her. Toeppe sustained…

Justia Opinion Summary: A jury found defendant-appellant Jason Arredondo guilty of 14 sex offenses against four girls, namely, his three stepdaughters, F.R., A.J.R., A.M.R., and another girl, M.C., a friend of F.R. Defendant was sentenced to 33…

Justia Opinion Summary: The land underlying the 100-unit condominium project was owned and used by Shell as a fuel distribution terminal from 1925-1980, then owned by others. Petroleum products were delivered to the property and stored in…

Justia Opinion Summary: In 1988, Palmer, then 17, pled guilty to kidnapping for robbery. Sentenced to life with the possibility of parole, Palmer has gone before the State of California Board of Parole Hearings 10 times, without success. In…

Justia Opinion Summary: David participated in the armed robbery of an Oakland pawn shop in 1994 when he was 17 years old. The juvenile court sustained a robbery allegation and he was committed to the California Youth Authority, where he spent…

Justia Opinion Summary: This appeal challenged the trial court's denial of defendant's special motion to strike the complaint under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). Defendant Federal National Mortgage Association…

Justia Opinion Summary: The Safe Neighborhoods and Schools Act (Proposition 47), Penal Code 1170.18, disqualifies a person who has suffered a super strike conviction any time before the trial court rules on his or her reclassification petition.…

Justia Opinion Summary: Plaintiffs filed suit against Vivint Solar, seeking rescission of an agreement in which Vivint Solar agreed to install a solar power generating system on their property in exchange for their agreement to purchase solar…

Justia Opinion Summary: Plaintiff Aram Bonni, a surgeon, sued St. Joseph Hospital of Orange (St. Joseph), Mission Hospital Regional Medical Center (Mission), and other defendants for, inter alia, retaliation under Health and Safety Code,…

Justia Opinion Summary: Plaintiffs-appellants Valerie Kizer and Sharal Williams filed this putative class action against their former employer, defendant and respondent Tristar Risk Management (Tristar), alleging Tristar failed to pay…

Justia Opinion Summary: A 72-foot diseased tree fell on a sleeping child’s tent, in a campground within a 499-acre public wilderness park, owned by San Mateo County. The county claimed immunity as a matter of law for the allegedly dangerous…

Justia Opinion Summary: FilmOn filed suit against DoubleVerify for trade libel, slander, and other business-related torts, alleging DoubleVerify falsely classified FilmOn's websites under the categories "Copyright Infringement-File Sharing" and…

Justia Opinion Summary: Defendants David Hernandez and D&H Trucking appealed from a $3.3 million personal injury judgment entered against them after plaintiff sustained serious injuries from a car accident with Hernandez's truck. The Court of…

Justia Opinion Summary: K.C. (Mother) was born in California. She was deported from Mexico to the United States. San Diego Police Department officers responded to a call regarding a female (Mother) who might be unfit to care for her two…

Justia Opinion Summary: A taxi driver reported to police he had driven defendant to locations in Marin County. Defendant attempted to pay the $73.53 cab fare with a prepaid debit card, but the charge did not go through. When police searched…

Justia Opinion Summary: Under Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette), an independent contractor's employee generally may not recover tort damages for work-related injuries from the contractor's hirer. Plaintiff filed suit…

Justia Opinion Summary: ZL provides email archiving, eDiscovery, and compliance support to businesses nationwide. Glassdoor operates a website on which people may anonymously express opinions regarding employers. Individuals representing…

Justia Opinion Summary: In 2009, Dessel, Dessel’s daughter (Seal), and Cummings purchased land in Fieldbrook containing a small and dilapidated residence with a carport, planning to remodel the residence, converting it to a vacation rental.…

Justia Opinion Summary: Allegheny, through its agent, posted three bonds for the release of three defendants. Under Penal Code section 1305.4,1 a surety may move to extend a defendant's appearance period by 180 days upon a showing of good…

Justia Opinion Summary: In a products liability case, plaintiffs Kawika and Sandra Demara appealed the grant of summary judgment granted in favor of defendants The Raymond Corporation (Raymond) and Raymond Handling Solutions, Inc. (RHSI). As…

Justia Opinion Summary: A jury convicted defendant Antwaren Roberts of attempted murder and related offenses arising out of an incident in which he shot Krystal Sharkey with a handgun. It also found that Roberts committed the crimes for the…

Justia Opinion Summary: Plaintiff Kathleen Swigart and defendant Carl Bruno participated in an organized endurance horseback riding event with approximately 47 other riders. Swigart was in the lead and had dismounted at a required checkpoint…

Justia Opinion Summary: Defendant was committed to the Department of State Hospitals in 1990 after he was found not guilty of a violent crime by reason of insanity, He has been confined for most of the subsequent time. In 2015, he sought…

Justia Opinion Summary: In 2004 Denise Saluto recorded a grant deed to real property. In early 2007 Saluto defaulted on the loan encumbering the Property. Plaintiff Deutsche Bank National Trust Company acquired the Property at a trustee's sale.…

Justia Opinion Summary: Webb was found in the driver’s seat of a stolen car. The officer believed his identification card was fraudulent, and tracing Webb’s route, found methamphetamine and a scale. Video from the citywide surveillance system…

Justia Opinion Summary: The procedural provisions of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., do not apply to a motion to compel arbitration in a California state court, where the arbitration agreement was governed by the FAA…

Justia Opinion Summary: Defendant Bobby Carothers, then-serving a prison term of 25 years to life imposed in 2008 under the three strikes law, appealed the denial of his petition for resentencing under Proposition 36, the Three Strikes Reform…

Justia Opinion Summary: The Pitchess statutes, which require a criminal defendant to file a written motion that establishes good cause for the discovery sought, does not violate constitutional due process. In this case, the LASD created a…

Justia Opinion Summary: After Turner refused to comply with an officer’s request that Turner leave a restaurant, he was arrested for interfering with a business establishment under Penal Code section 602.1(a). During an inventory search, a…

Justia Opinion Summary: This case is about the validity of a regulation governing a circumstance the Board of Parole Hearings (the board) can consider when determining whether a person convicted of a crime punishable with an indeterminate life…

Justia Opinion Summary: Defendant The Copley Press, Inc., owner of the San Diego Union-Tribune newspaper (collectively UT), appealed a trial court’s judgment finding plaintiffs (or carriers) were employees of UT in this class action suit. UT…

Justia Opinion Summary: While hospitalized after giving birth, Kumari fell and broke her shoulder. Four months later, Kumari sent ValleyCare Health System a detailed letter describing her injury and the basis for her “medical negligence” claim.…

Justia Opinion Summary: Two City of Santa Ana Police officers were the subjects of an internal affairs investigation based on their conduct during the execution of a search warrant at a marijuana dispensary. The Santa Ana Police Department…

Justia Opinion Summary: Taitano was found incompetent to stand trial for murder, robbery, carjacking, attempted kidnapping, first-degree burglary, and reckless evasion of a police officer resulting in great bodily injury. His commitment…

Justia Opinion Summary: Plaintiffs Marline and Joseph Petitpas filed suit against Exxon, Ford, and others, alleging that exposure to asbestos caused by defendants resulted in Marline's mesothelioma. The Court of Appeal held that summary…

Justia Opinion Summary: Plaintiff, a gas station owner, filed suit demanding that its insurer pay for damages when the fiberglass sheath of one of its underground gasoline storage tanks split after resting on a rock for 16 years. The Court of…

Justia Opinion Summary: In 2004, Hesperia began acquiring vacant property in its downtown for development of a Civic Plaza, with a city hall, public library, other government buildings and “complimentary retail, restaurant, and entertainment…

Justia Opinion Summary: Marianne and Richard obtained a judgment of legal separation a few months before his death. Notwithstanding the separation, the couple‘s agreement dividing their assets reflected Richard‘s intent that Marianne would…

Justia Opinion Summary: Plaintiff filed a products liability suit against McNeil and its corporate parent, Johnson & Johnson, after he suffered a severe reaction after taking Motrin. The Court of Appeal held that the jury's verdict finding…

Justia Opinion Summary: Defendant appealed his assault convictions, arguing that under People v. Prunty, (2015) 62 Cal.4th 59, the prosecution failed to present sufficient evidence of predicate offenses to establish the existence of a criminal…

Justia Opinion Summary: Duarte's Oakland property was occupied by Bowers. Bowers’s daughter, Pleasants, moved into the property and remained after Bowers died. In February 2012, Duarte gave Pleasants a 45-day notice to quit, but she did not…

Justia Opinion Summary: A 2012 wardship petition alleged that defendant, age 15, committed second-degree robbery by means of force or fear and possessed marijuana. He admitted grand theft. The court dismissed count two, declared defendant a…

Justia Opinion Summary: Plaintiff Michael Shames appealed an order pertaining to attorney fees. Shames filed this lawsuit against Defendant Utility Consumers' Action Network (UCAN) and two individual plaintiffs, alleging multiple causes of…

Justia Opinion Summary: In 2008, a citizen with whom non-probationary officer Morgado interacted filed a complaint against him with the Office of Citizen Complaints (OCC) of the City’s Police Department. OCC investigated and shared its findings…

Justia Opinion Summary: Disabled members under the University of California Retirement Plan (UCRP) who receive "Duty Disability Income" (DDI) are not considered retired for purposes of entitlement to a retired identification card and concealed…

Justia Opinion Summary: A trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure are privileged under Civil Code section 47. The Court of Appeal held that…

Justia Opinion Summary: There is no equal protection violation for the procedural difference between when a supervising agency files a petition to modify, revoke, or terminate a criminal defendant’s parole or postrelease community supervision,…

Justia Opinion Summary: The date upon which the cause of action would be deemed to have accrued within the meaning of the Government Claims Act's, Gov. Code, 810 et seq., statute of limitations is the date on which a plaintiff discovers or…

Justia Opinion Summary: Defendant was convicted of 11 counts related to a corruption scandal involving the City of Bell. The Court of Appeals held that the jury could reasonably have concluded that defendant was criminally negligent by failing…

Justia Opinion Summary: Plaintiff Aristea Hupp (Aristea) appealed after the trial court granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal Control Officer Jack Huntsman’s ex parte application to dismiss…

Justia Opinion Summary: On remand from the California Supreme Court, the Court of Appeal applied the analysis mandated by Los Angeles County Bd. of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, 300, and considered supplemental briefs…

Justia Opinion Summary: In a challenge to a Workers' Compensation Appeals Board order, the Court of Appeal held that a writ petition was timely filed. The court also held that despite significant changes in the law governing workers'…

Justia Opinion Summary: The trial court held that the rate charged by Metropolitan Water District of Southern California for transporting water (“wheeling”) violated several laws and awarded the San Diego County Water Authority damages for…

Justia Opinion Summary: Nelson, an attorney specializing in asbestos defense, was employed by Tucker Ellis. In 2009, Nelson became a “non-capital partner.” Gradient was retained by Tucker Ellis to assist in litigation. Nelson exchanged emails…

Justia Opinion Summary: Plaintiff filed suit against his former employer, Toyota, for discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq., as well as for wrongful discharge. The…

Justia Opinion Summary: The Park and Malibu Bay petitioned the trial court to have Measure R, an initiative designed to limit large developments and chain establishments, declared invalid. The trial court granted the petition and defendants…

Justia Opinion Summary: Petitioners filed a tort action alleging that Beats Electronics had engaged in a fraudulent scheme to deprive them of their interest in the company. The trial court granted summary judgment for Beats and subsequently…

Justia Opinion Summary: Jose S., a former ward of the juvenile court, moved under Welfare and Institutions Code section 781 to seal juvenile records related to an admitted charge of lewd and lascivious conduct that occurred in 2002. The…

Justia Opinion Summary: Petitioner, an in-home caretaker for the Department of Social Services, was riding her bicycle from one private home where she worked to another home where she was scheduled to work when she was struck and injured by a…

Justia Opinion Summary: SJJC Aviation is a fixed base operator (FBO) that operates a full-service facility at the Norman Y. Mineta San Jose International Airport, which is owned by the city. In 2012 the city addressed a plan to add a second…

Justia Opinion Summary: Plaintiff Carmen Zubillaga was injured in an automobile accident. The other driver was at fault. Her insurer, defendant Allstate Indemnity Company (Allstate), rejected her demand for $35,000, the full amount of her…

Justia Opinion Summary: Hilliard owned a controlling interest in companies that owned radio stations. In 2003, the companies entered into a loan agreement with Wells Fargo, borrowing $18.9 million, secured by assets that exceeded $50 million.…

Justia Opinion Summary: A.J. and R.G. were the parents of three children, then-aged ten, nine and seven years old. In November 2011, A.J. was arrested and deported to Mexico after he assaulted R.G. R.G. obtained an order prohibiting A.J. from…

Justia Opinion Summary: Kao was employed by Joy Holiday, a travel tour company. Kao had come to the U.S., lived with the company’s owners, and had worked for a net “allowance” of $1,700 per month for 11 months while waiting for his work visa.…

Justia Opinion Summary: Grist Creek owns property in Mendocino County on which it has aggregate and asphalt processing operations. The County Air Quality Management District approved a permit to construct a “Crumb Rubber Heating and Blending…

Justia Opinion Summary: Luis Alford pled guilty to possessing methamphetamine for sale. The court sentenced Alford to eight years in custody, plus three years four months on mandatory supervision. The court also imposed various fines and…

Justia Opinion Summary: In 2010, Walton sued Rossdale. Walton, a California attorney, maintained a “litigation factory” by placing dozens of email addresses on the Internet, collecting spam messages sent to those addresses, and then demanding…

Justia Opinion Summary: This case turned on whether an attorney-in-fact who admitted her principal to a residential care facility for the elderly made a “health care” decision. If she did, as the trial court found, she acted outside the scope…

Justia Opinion Summary: The Dissolution Law directed redevelopment agencies to continue making payments on enforceable obligations, but prohibited those agencies from incurring additional obligations, freezing all such activities. the day…

Justia Opinion Summary: Phoenix Pipeline filed a second amended complaint (SAC) alleging breach of contract claims related to SpaceX's failure to pay for its services from 2010 to October 2013. The trial court subsequently granted SpaceX's…

Justia Opinion Summary: Family Code section 271 does not authorize the court to award sanctions to non-parties, but rather is intended to promote settlement of family law litigation through shifting fees between the parties to the litigation.…

Justia Opinion Summary: Plaintiffs and appellants Eugene G. Plantier, as Trustee of the Plantier Family Trust (Plantier); Progressive Properties Incorporated (Progressive); and Premium Development LLC (Premium), on behalf of themselves and all…

Justia Opinion Summary: The Cobbs borrowed $10,229,250 from Citizens Business Bank. The note was secured by a deed of trust on a parcel of commercial real property in Rancho Cucamonga. Years later, the Cobbs obtained a second loan from Citizens…

Justia Opinion Summary: The Court of Appeals concluded Jerome Wilford's challenge to his sentence on two counts of corporal injury to a cohabitant was well taken. For counts 5 and 6, the amended information alleged Wilford committed a violation…

Justia Opinion Summary: In consolidated class actions, plaintiffs claimed the brokers who represented them in the sale of their homes and a group of companies that provided services in connection with those sales violated their fiduciary duties…

Justia Opinion Summary: The California Department of State Hospitals (department) designated two psychologists (Dr. Robert Karlsson and Dr. Marcia Asgarian) to evaluate petitioner Douglas Snyder to determine whether he was a sexually violent…

Justia Opinion Summary: Defendants Kiesha Smith and Michael Mitchell appealed their convictions for the murder of Josephine Kelley. In a prior opinion, the Court of Appeal reversed both convictions due to prejudicial error in the joint trial…

Justia Opinion Summary: Defendant was convicted of charges stemming from him driving his car onto the Venice Beach Boardwalk and plowing into 10 separate groups of people in close succession. The Court of Appeal affirmed, holding that the…

Justia Opinion Summary: Defendant, a professional masseur, appealed the judgment entered after he pleaded guilty to sodomizing and orally copulating a victim who was incapable of giving consent because of a developmental disability. The Court…

Justia Opinion Summary: Voters passed Proposition 57 on November 8, 2016, effective the next day. As relevant here, the new law eliminated the State’s ability to directly file criminal charges against a juvenile defendant in a court of criminal…

Justia Opinion Summary: David, age 17 years 11 months, was a victim of past gun violence and is a wheelchair-bound diabetic in need of day-to-day medical assistance. He was living in a homeless shelter when a dependency petition was filed,…

Justia Opinion Summary: Defendant Marsha Woods was on probation for two prior offenses when she was arrested and charged with five theft- and drug-related offenses. Under a plea agreement, she agreed to plead guilty to one count of attempted…

Justia Opinion Summary: Casiopea Bovet, LLC appealed a judgment on the pleadings granted in favor of the California State Controller (Controller) on grounds that Casiopea could not claim escheated property under the Unclaimed Property Law as an…

Justia Opinion Summary: Plaintiffs Nancy Brenner, individually and in her representative capacity as representative of the estate of Dale Brenner, and Zach Brenner, individually, appealed judgments entered in favor of defendants Universal…

Justia Opinion Summary: About four months before his 20th birthday, defendant-appellant Jesse S. filed, in propria persona, a request under section 388.1 of the Welfare and Institutions Code to return to juvenile court jurisdiction and the…

Justia Opinion Summary: Police identified an IP address for an Internet account sharing child pornography online. Comcast identified the account subscriber as Reynolds at 309 South 23rd Street in San José. The police obtained a search warrant…

Justia Opinion Summary: Defendant was convicted of corporal injury to a cohabitant and assault by means of force likely to produce great bodily injury. Defendant had exercised his right to represent himself pursuant to Faretta v. California.…