California Courts of Appeal Decisions 2017

Opinions 1 - 500 of 923

Davis v. Superior Court  
Date: December 29, 2017
Docket Number: A152296

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 1...

Kim v. Reins International California, Inc.  
Date: December 29, 2017
Docket Number: B278642

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 ag...

Conservatorship of Lee C.  
Date: December 29, 2017
Docket Number: C081673

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 unlike...

In re A.L.  
Date: December 28, 2017
Docket Number: B281449

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 suppor...

P. v. Sandoval
Date: December 28, 2017
Docket Number: D071560M
Turley v. Familian Corp.  
Date: December 22, 2017
Docket Number: A149752

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 response...

In re C.D.  
Date: December 22, 2017
Docket Number: A150290

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 the...

L.A. Conservancy v. City of West Hollywood  
Date: December 22, 2017
Docket Number: B270158

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 co...

Kanno v. Marwit Capital Partners II  
Date: December 22, 2017
Docket Number: G052348

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 w...

Cornell v. Berkeley Tennis Club  
Date: December 21, 2017
Docket Number: A147516

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 di...

SP Investment Fund I LLC v. Cattell  
Date: December 21, 2017
Docket Number: B276822

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...

Yeh v. Tai  
Date: December 21, 2017
Docket Number: B280003

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 t...

Lawson v. ZB, N.A.
Date: December 21, 2017
Docket Number: D071279M
In re E.R.  
Date: December 20, 2017
Docket Number: A145384

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...

People v. The North River Insurance Co.  
Date: December 20, 2017
Docket Number: B271421

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 firs...

Boyd v. Freeman  
Date: December 20, 2017
Docket Number: B279246

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 ac...

Santa Clara Waste Water Co. v. Allied World National Assurance Co.  
Date: December 20, 2017
Docket Number: B279679

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 co...

City of Grass Valley v. Cohen
Date: December 20, 2017
Docket Number: C078981N
In re A.F.  
Date: December 20, 2017
Docket Number: D072226

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 preference...

Dept. of Finance v. Commission on State Mandates  
Date: December 19, 2017
Docket Number: C070357

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 b...

City of Grass Valley v. Cohen
Date: December 19, 2017
Docket Number: C078981M
City of Anaheim v. Cohen  
Date: December 19, 2017
Docket Number: C081918A

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...

Lawson v. ZB, N.A.  
Date: December 19, 2017
Docket Number: D071279

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 s...

Creed-21 v. City of Wildomar  
Date: December 19, 2017
Docket Number: E066367

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 impos...

California ex rel. Alzayat v. Hebb  
Date: December 19, 2017
Docket Number: E066471

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 F...

People v. Sanchez  
Date: December 19, 2017
Docket Number: F071330

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 en...

California v. Perez  
Date: December 18, 2017
Docket Number: C078452

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 fin...

Rossetta v. CitiMortgage, Inc.  
Date: December 18, 2017
Docket Number: C078916

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 Truste...

Yuba City Unified School Dist. v. Cal. State Teachers' Ret. System CA/3  
Date: December 18, 2017
Docket Number: C082934

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 over...

California-American Water Co. v. Marina Coast Water District  
Date: December 15, 2017
Docket Number: A146166

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...

People v. Richards  
Date: December 15, 2017
Docket Number: B275518

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...

Southern California Gas Co. v. Superior Court of Los Angeles County  
Date: December 15, 2017
Docket Number: B283606

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...

Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals  
Date: December 15, 2017
Docket Number: C083619

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 face-to-fac...

People v. Ricci  
Date: December 14, 2017
Docket Number: A151291

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...

Hartnett v. San Diego County Office of Education  
Date: December 14, 2017
Docket Number: D070974

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 bac...

California v. Lucero  
Date: December 14, 2017
Docket Number: E067000

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,...

Duke v. Superior Court  
Date: December 14, 2017
Docket Number: F073712

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 defendan...

P. v. Watts
Date: December 13, 2017
Docket Number: B270324M
Julian v. Glenair, Inc.
Date: December 13, 2017
Docket Number: B277064M
In re Alexzander C.  
Date: December 13, 2017
Docket Number: B282183

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 removin...

California v. Tennard  
Date: December 13, 2017
Docket Number: E065086

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 pris...

Kirzhner v. Mercedes-Benz USA, LLC  
Date: December 13, 2017
Docket Number: G052551

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...

Duncan v. Wal-Mart Stores, Inc.  
Date: December 13, 2017
Docket Number: G054220

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 tr...

In re A.O.  
Date: December 12, 2017
Docket Number: B282149

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 reject...

Admiral Ins. Co. v. Superior Court  
Date: December 12, 2017
Docket Number: D072267

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] surrogate...

Pacific Gas and Electric Co. v. Hart High-Voltage Apparatus Repair and Testing Co.  
Date: December 12, 2017
Docket Number: F072904

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...

Choi v. Sagemark Consulting  
Date: December 12, 2017
Docket Number: H041569A

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 pur...

People v. Rubino  
Date: December 12, 2017
Docket Number: H042666

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...

Baxter v. California State Teachers' Retirement System  
Date: December 12, 2017
Docket Number: H042680

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...

People v. Stanley  
Date: December 12, 2017
Docket Number: H043445

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....

Jensen v. U-Haul Co. of California  
Date: December 11, 2017
Docket Number: E065887

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....

California v. Race  
Date: December 11, 2017
Docket Number: E066059

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 sentence...

California v. Nguyen  
Date: December 11, 2017
Docket Number: E066293

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 enhanceme...

In re R.G.  
Date: December 11, 2017
Docket Number: E067486

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 p...

Choi v. Sagemark Consulting
Date: December 11, 2017
Docket Number: H041569
Apple, Inc. v. Superior Court  
Date: December 11, 2017
Docket Number: H044133

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 e...

Dept. of Forestry and Fire Protection v. Howell
Date: December 8, 2017
Docket Number: C074879A
Howeth v. Coffelt  
Date: December 8, 2017
Docket Number: D072136

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 Coffe...

In re M.L.  
Date: December 8, 2017
Docket Number: E068050

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 th...

In re Marriage of Kamgar  
Date: December 8, 2017
Docket Number: G052024

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 additiona...

People v. Shaw  
Date: December 7, 2017
Docket Number: A148997

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 b...

Optional Capital, Inc. v. Akin Gump Strauss, Hauer & Feld LLP  
Date: December 7, 2017
Docket Number: B275274

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 a...

People v. Gallardo  
Date: December 6, 2017
Docket Number: B269034

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...

Dept. of Forestry and Fire Protection v. Howell  
Date: December 6, 2017
Docket Number: C074879

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 contr...

Skillin v. Rady Children's Hospital-San Diego  
Date: December 6, 2017
Docket Number: D071288

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 unauth...

ITV Gurney Holdings v. Gurney  
Date: December 5, 2017
Docket Number: B281694

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 Appea...

Monterey Coastkeeper v. Monterey County Water Resources Agency  
Date: December 5, 2017
Docket Number: H042623

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...

Noel v. Thrifty Payless, Inc.  
Date: December 4, 2017
Docket Number: A143026

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 disp...

Gonzalez v. City of Norwalk  
Date: December 4, 2017
Docket Number: B276871

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. Pla...

Center for Biological Diversity v. California Department of Fish and Wildlife  
Date: December 4, 2017
Docket Number: B280815

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 post-rema...

Fettgather v. Board of Psychology  
Date: December 4, 2017
Docket Number: C074166

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...

In re Marriage of Vargas & Ross  
Date: December 4, 2017
Docket Number: C082867

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 o...

In re H.C.  
Date: December 4, 2017
Docket Number: D072368

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 jurisdict...

People v. Suarez  
Date: December 4, 2017
Docket Number: F070210

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 year...

Priscila N. v. Leonardo G.  
Date: December 1, 2017
Docket Number: B279584

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 legislati...

Bartholomew v. YouTube, LLC  
Date: December 1, 2017
Docket Number: H042775

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 t...

Brown v. Garcia  
Date: November 30, 2017
Docket Number: A150374

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...

Dalgleish v. Selvaggio  
Date: November 30, 2017
Docket Number: B266579

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 appr...

State Farm General Insurance Co. v. Watts Regulator Co.  
Date: November 30, 2017
Docket Number: B271236

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...

Santa Clara Waste Water Co. v. County of Ventura Environmental Health Division  
Date: November 30, 2017
Docket Number: B278967

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 moti...

Nat. Grange of the Order etc. v. California Guild  
Date: November 30, 2017
Docket Number: C080523

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 underl...

Internat. Brotherhood of Boilermakers etc. v. NASSCO etc.  
Date: November 30, 2017
Docket Number: D070620

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 Ca...

Marriage of Steiner  
Date: November 30, 2017
Docket Number: D071155

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 ju...

California v. Sandoval  
Date: November 30, 2017
Docket Number: D071560

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 s...

Sayta v. Chu  
Date: November 29, 2017
Docket Number: A148823

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...

Lopez v. Routt  
Date: November 29, 2017
Docket Number: B269345

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...

Burd v. Barkley Court Reporters, Inc.  
Date: November 29, 2017
Docket Number: B271694

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 t...

Olson v. Manhattan Beach Unified School District  
Date: November 29, 2017
Docket Number: B272340

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 satis...

Santos v. Los Angeles Unified School District  
Date: November 29, 2017
Docket Number: B278391

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...

QDOS, Inc. v. Signature Financial, LLC  
Date: November 29, 2017
Docket Number: B279475

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...

R.W.L. Enterprises v. Oldcastle, Inc.  
Date: November 29, 2017
Docket Number: D070189

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, i...

Turman v. Superior Court  
Date: November 29, 2017
Docket Number: G051871

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 America’...

City of Fontana v. California Department of Tax and Fee Administration  
Date: November 28, 2017
Docket Number: A147642A

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, an...

Rhue v. Superior Court  
Date: November 28, 2017
Docket Number: B283248

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 petitio...

Hutcheson v. Eskaton Fountainwood Lodge  
Date: November 28, 2017
Docket Number: C074846A

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 co...

Cima-Sorci v. Sorci
Date: November 28, 2017
Docket Number: C075774M
Flores v. Southcoast Automotive Liquidators, Inc.  
Date: November 27, 2017
Docket Number: B268271

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 viola...

Julian v. Glenair, Inc.  
Date: November 27, 2017
Docket Number: B277064

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 predi...

Cima-Sorci v. Sorci  
Date: November 27, 2017
Docket Number: C075774

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 co...

Shahbazian v. City of Rancho Palos Verdes  
Date: November 22, 2017
Docket Number: B271562

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 buil...

Citizens of Humanity v. Applied Underwriters  
Date: November 22, 2017
Docket Number: B276601

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),...

Cornell v. City and County of San Francisco
Date: November 21, 2017
Docket Number: A141016A
Dickinson v. Cosby  
Date: November 21, 2017
Docket Number: B271470

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 allege...

People v. Roth  
Date: November 21, 2017
Docket Numbers: B271932, B275527

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 r...

Morris v. Superior Court  
Date: November 21, 2017
Docket Number: E066330

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 in...

Association of Irritated Residents v. Kern County Board of Supervisors  
Date: November 21, 2017
Docket Number: F073892

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 meas...

Laboratory Specialists International v. Shimadzu Scientific etc.  
Date: November 21, 2017
Docket Number: G054056

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, br...

Los Globos Corp. v. City of Los Angeles  
Date: November 20, 2017
Docket Number: B275224

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 patro...

City of Grass Valley v. Cohen  
Date: November 20, 2017
Docket Number: C078981

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 a...

Klem v. Access Insurance Co.  
Date: November 20, 2017
Docket Number: D070623

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 Ca...

The Kennedy Commission v. City of Huntington Beach
Date: November 20, 2017
Docket Number: E065358M
Cornell v. City and County of San Francisco
Date: November 17, 2017
Docket Number: A141016M
People v. Gollardo  
Date: November 17, 2017
Docket Number: A146961

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...

California v. Young  
Date: November 17, 2017
Docket Number: C077483

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...

Hefczyz v. Rady Children's Hosp.  
Date: November 17, 2017
Docket Number: D071264

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 t...

People v. Brewer  
Date: November 17, 2017
Docket Number: F070564

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...

California v. Hicks  
Date: November 17, 2017
Docket Number: G052778

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...

Cornell v. City and County of San Francisco  
Date: November 16, 2017
Docket Number: A141016

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 clai...

Cleveland Nat. Forest Foundation v. San Diego Assn. etc.  
Date: November 16, 2017
Docket Number: D063288A

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 Afford...

California v. Solorio  
Date: November 16, 2017
Docket Number: D070794

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...

California v. Kaufman  
Date: November 16, 2017
Docket Number: D070902

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 owne...

Walker v. Physical Therapy Board of California
Date: November 16, 2017
Docket Number: D071984M
Curtis Engineering Corporation v. Superior Court
Date: November 16, 2017
Docket Number: D072046M
Washoe Meadows Community v. Department of Parks and Recreation  
Date: November 15, 2017
Docket Number: A145576

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. G...

Williams v. Superior Court  
Date: November 15, 2017
Docket Number: B259967A

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 li...

Garcia v. Escobar  
Date: November 15, 2017
Docket Number: B279530

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 def...

Ralphs Grocery Co. v. Victory Consultants, Inc.  
Date: November 15, 2017
Docket Number: D070804

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 secti...

Whitehall v. County of San Bernardino  
Date: November 15, 2017
Docket Number: E065672

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 mi...

Central Laborers' Pension Fund v. McAfee, Inc.  
Date: November 15, 2017
Docket Number: H039508

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 outsid...

People v. Garcia  
Date: November 14, 2017
Docket Number: A139924

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...

People v. Watts  
Date: November 14, 2017
Docket Number: B270324

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 o...

McMillin Management Services v. Financial Pacific Ins. Co.  
Date: November 14, 2017
Docket Number: D069814

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 Co...

People v. ConAgra Grocery Products Co.  
Date: November 14, 2017
Docket Number: H040880

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 publ...

Medley Capital Corp. v. Security National Guaranty, Inc.  
Date: November 13, 2017
Docket Number: A147726

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 m...

Yelp Inc. v. Superior Court  
Date: November 13, 2017
Docket Number: G054358

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...

People v. Zabala  
Date: November 13, 2017
Docket Number: H043328

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...

People v. Lozano  
Date: November 9, 2017
Docket Number: B278663

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 sit...

San Diegans for Open Gov. v. Public Facilities Financing etc.  
Date: November 9, 2017
Docket Number: D069751

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 fa...

Padron v. Watchtower Bible & Tract Society of New York  
Date: November 9, 2017
Docket Number: D070723

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 Societ...

Estate of Reed  
Date: November 8, 2017
Docket Number: A148678

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 petiti...

California v. Valdivia  
Date: November 8, 2017
Docket Number: C082622

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...

California v. Avignone  
Date: November 8, 2017
Docket Number: D070012

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...

Oregon State University v. Superior Court
Date: November 8, 2017
Docket Number: D071752A
Walker v. Physical Therapy Bd. of California  
Date: November 8, 2017
Docket Number: D071984

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") t...

Oregon State University v. Superior Court  
Date: November 8, 2017
Docket Number: D075271A

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...

Diaz v. Professional Community Management, Inc.  
Date: November 8, 2017
Docket Number: G053909

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 al...

People v. Forest  
Date: November 7, 2017
Docket Number: A148330

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 informatio...

Hoffman v. Superior Court  
Date: November 7, 2017
Docket Number: G054414

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 exculpat...

In re W.R.  
Date: November 6, 2017
Docket Number: A150435

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 Count...

Dow Agrosciences LLC v. Superior Court  
Date: November 6, 2017
Docket Number: A150854

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...

Brewer v. Superior Court  
Date: November 6, 2017
Docket Number: A151584

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 Cres...

People v. Garcia  
Date: November 6, 2017
Docket Number: B270574

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...

The Traveler's Property Casualty Company of America v. Actavis, Inc.  
Date: November 6, 2017
Docket Number: G053749

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 c...

Orien v. Lutz  
Date: November 3, 2017
Docket Number: B277323

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 att...

P. v. Perez
Date: November 3, 2017
Docket Number: E060438M
In re Dean W.  
Date: November 3, 2017
Docket Number: G053807

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 si...

P. v. Pettie
Date: November 3, 2017
Docket Number: H041739M
Lichtman v. Siemens Industry Inc.  
Date: November 2, 2017
Docket Number: B265373

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 wa...

Fernandes v. Singh  
Date: November 2, 2017
Docket Number: C080264

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 o...

Flowers v. Financial Industry Regulatory Authority, Inc.  
Date: November 2, 2017
Docket Number: D071392

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, Flowe...

Jameson v. Pacific Gas and Electric Co.  
Date: November 1, 2017
Docket Number: A147515

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...

Pearson Ford v. Workers' Comp. Appeals Bd.  
Date: November 1, 2017
Docket Number: D070915

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 tr...

P. v. Drew
Date: November 1, 2017
Docket Number: D071334M
People v. Francis  
Date: October 31, 2017
Docket Number: B270470

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...

Kennedy Commission v. City of Huntington Beach  
Date: October 31, 2017
Docket Number: E065358

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 (c...

People v. Lee  
Date: October 31, 2017
Docket Number: F072173

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...

Denton v. City and County of San Francisco  
Date: October 30, 2017
Docket Number: A147384

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 th...

Marriage of Furie  
Date: October 30, 2017
Docket Number: B269972

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, a...

Serrano v. Superior Court  
Date: October 30, 2017
Docket Number: B282975

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 th...

Hogue v. Hogue  
Date: October 30, 2017
Docket Number: C083285

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 mad...

Viatech International, Inc. v. Sporn  
Date: October 30, 2017
Docket Number: G053477

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 Internation...

Baxter v. Genworth North America Corp.  
Date: October 26, 2017
Docket Number: A144744

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 Ge...

City of West Hollywood v. Kihagi  
Date: October 26, 2017
Docket Number: B270416

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 Boule...

People v. Harrison  
Date: October 26, 2017
Docket Number: B272132

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 t...

M.F. v. Pacific Pearl Hotel Management LLC  
Date: October 26, 2017
Docket Number: D070150

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...

People v. Buell  
Date: October 25, 2017
Docket Number: A144046

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 mon...

People v. Mathews  
Date: October 25, 2017
Docket Number: A146652

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 fle...

Foltz v. Johnson  
Date: October 25, 2017
Docket Number: B277995

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...

YDM Management Co., Inc. v. Sharp Community Med. etc.  
Date: October 25, 2017
Docket Number: D071244

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 oper...

California v. Perez  
Date: October 25, 2017
Docket Number: E060438

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, inc...

People v. Luo  
Date: October 25, 2017
Docket Number: H042668

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 hil...

California v. Malik  
Date: October 24, 2017
Docket Number: C080291

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 dangerou...

Gholipour v. Superior Court  
Date: October 24, 2017
Docket Number: D072235

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 Golna...

P. v. Mooring
Date: October 23, 2017
Docket Number: A143470M
Harris & Becerra v. Shine  
Date: October 23, 2017
Docket Number: A148505

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...

People v. Gonzales  
Date: October 23, 2017
Docket Number: B276101

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 defend...

In re Aiden L.  
Date: October 23, 2017
Docket Number: B277445

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 Ju...

P. v. Lin
Date: October 23, 2017
Docket Number: B278102M
Aviles v. Swearingen  
Date: October 23, 2017
Docket Number: B281420

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 Ap...

Kendall v. Scripps Health  
Date: October 23, 2017
Docket Number: D070390A

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 receive...

Curtis Engineering Corp. v. Superior Court  
Date: October 23, 2017
Docket Number: D072046

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 int...

Harrington v. City of Davis  
Date: October 20, 2017
Docket Number: C081263

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 p...

Comerica Bank v. Runyon  
Date: October 20, 2017
Docket Number: G053691

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 t...

Pesticide Action Network etc. v. Cal. Dept. of Pesticide Reg.
Date: October 19, 2017
Docket Number: A145632M
Morales-Simental v. Genentech  
Date: October 19, 2017
Docket Number: A145865

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 h...

Lyons v. Colgate-Palmolive Co.  
Date: October 19, 2017
Docket Number: A150567

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 199...

In re Kayla W.  
Date: October 19, 2017
Docket Number: B277567

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. Th...

P. v. Bona
Date: October 19, 2017
Docket Number: B277751M
People v. Hahn  
Date: October 19, 2017
Docket Number: B279344

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 pro...

Dryden Oaks v. San Diego County Regional Airport Authority  
Date: October 19, 2017
Docket Number: D069161

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 wer...

People v. Rodriguez  
Date: October 19, 2017
Docket Number: F070900

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...

People v. Lewelling  
Date: October 17, 2017
Docket Number: A147248

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 Novembe...

Living Rivers Council v. State Water Resources Control Bd
Date: October 17, 2017
Docket Number: A148400M
Protect Telegraph Hill v. City and County of San Francisco
Date: October 17, 2017
Docket Number: A148544A
Melendez v. San Francisco Baseball Associates  
Date: October 17, 2017
Docket Number: A149482

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...

California v. Rose  
Date: October 17, 2017
Docket Number: C080546

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 ciga...

California v. Warmington  
Date: October 17, 2017
Docket Number: C082556

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....

Williams v. Superior Court
Date: October 17, 2017
Docket Number: C083126M
Doe v. San Diego-Imperial Council  
Date: October 17, 2017
Docket Number: D070414

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...

In re T.F.  
Date: October 16, 2017
Docket Number: A144085

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...

Placerville Historic Preservation League v. Judicial Council of California  
Date: October 16, 2017
Docket Number: A149501

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 Dorad...

People v. Navarra  
Date: October 16, 2017
Docket Number: F071142

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 ap...

Protect Telegraph Hill v. City & County of San Francisco  
Date: October 13, 2017
Docket Number: A148544

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 developer...

Estate of O'Connor  
Date: October 13, 2017
Docket Number: B272085

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. T...

American Cargo Express v. Super Ct.  
Date: October 13, 2017
Docket Number: C081125

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. Mainst...

Wiseman Park v. Southern Glazer's Wine and Spirits  
Date: October 12, 2017
Docket Number: B266118

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...

California v. Drew  
Date: October 12, 2017
Docket Number: D071334

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 fa...

Stewart v. Superior Court  
Date: October 12, 2017
Docket Number: E067316

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 conceal...

Ly v. County of Fresno  
Date: October 12, 2017
Docket Number: F072351

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'...

People v. Alaniz  
Date: October 10, 2017
Docket Number: B266209

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 t...

JetSuite v. County of Los Angeles  
Date: October 10, 2017
Docket Number: B279273

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...

People v. Pettie  
Date: October 10, 2017
Docket Number: H041739

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 Lanford...

Christensen v. Lightbourne  
Date: October 6, 2017
Docket Number: A144254

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 noncustodi...

California v. Mays  
Date: October 6, 2017
Docket Number: C075909

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 defe...

In re Marriage of Kalinawan  
Date: October 6, 2017
Docket Number: H040921

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 N...

Linton v. DeSoto Cab Co.  
Date: October 5, 2017
Docket Number: A146162

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...

People v. Blancett
Date: October 5, 2017
Docket Number: B277433
People v. Blancett  
Date: October 5, 2017
Docket Number: B277433M

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 fin...

Urick v. Urick  
Date: October 5, 2017
Docket Number: B278257

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...

P. v. McCloud
Date: October 5, 2017
Docket Number: E065359M
People v. Cruz  
Date: October 3, 2017
Docket Number: B276571

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 c...

California v. Jo  
Date: October 3, 2017
Docket Number: C079280

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 procedur...

Jennifer S. v. Superior Court  
Date: October 2, 2017
Docket Number: A151627

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...

RSB Vineyards, LLC v. Orsi  
Date: September 29, 2017
Docket Number: A143781

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 unsoun...

City of Vallejo v. NCORP4, Inc.  
Date: September 29, 2017
Docket Number: A149907

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...

Williams v. Super. Ct.  
Date: September 29, 2017
Docket Number: C083126

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 robberies...

California v. Continental Ins. Co.  
Date: September 29, 2017
Docket Number: E064518

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 Con...

California v. Thomas  
Date: September 29, 2017
Docket Number: E065260

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 def...

Living Rivers Council v. State Water Resources Control Board  
Date: September 28, 2017
Docket Number: A148400

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 “p...

People v. Lin  
Date: September 28, 2017
Docket Number: B278102

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 off...

Davis Test Only Smog Testing v. Dept. of Consumer Affairs etc.  
Date: September 28, 2017
Docket Number: C079354

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 bu...

Higgins v. Superior Court  
Date: September 28, 2017
Docket Number: D071353

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 moti...

Higgins v. Superior Court
Date: September 28, 2017
Docket Number: D071353M
People v. Mooring  
Date: September 27, 2017
Docket Number: A143470

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...

In re Marriage of Berman  
Date: September 27, 2017
Docket Number: B272324

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...

Oregon State University v. Superior Court  
Date: September 27, 2017
Docket Number: D071752

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 complain...

Luz Solar Partners Ltd. v. San Bernardino County  
Date: September 27, 2017
Docket Number: E064882

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 Co...

California v. McCloud  
Date: September 27, 2017
Docket Number: E065359

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 coc...

Lopez v. Friant & Associates, LLC  
Date: September 26, 2017
Docket Number: A148849

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’...

People v. Sawyers  
Date: September 26, 2017
Docket Number: B266897

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...

Sargon Enterprises v. Browne George Ross LLP  
Date: September 26, 2017
Docket Number: B271718

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 lit...

In re J.P.  
Date: September 26, 2017
Docket Number: B281438

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...

Otay Land Co. v. U.E. Limited  
Date: September 26, 2017
Docket Number: D068347

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)...

Levi v. Regents of the University of Calif.  
Date: September 26, 2017
Docket Number: D069526

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 o...

Facebook v. Superior Court  
Date: September 26, 2017
Docket Number: D072171

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 s...

URS Corp. v. Atkinson/Walsh Joint Venture  
Date: September 26, 2017
Docket Number: G055271

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....

Mission Beverage Co. v. Pabst Brewing Co.  
Date: September 25, 2017
Docket Number: B271781

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 mean...

Medina v. South Coast Car Company  
Date: September 25, 2017
Docket Number: D069820

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...

Save Laurel Way v. City of Redwood City  
Date: September 22, 2017
Docket Number: A147942M

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...

Direct Capital Corporation v. Brooks
Date: September 22, 2017
Docket Number: C081349M
California v. Brooks  
Date: September 22, 2017
Docket Number: D070918M

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 wa...

Ramirez v. Super. Ct.  
Date: September 22, 2017
Docket Number: D072473

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 orde...

California v. Martinez  
Date: September 22, 2017
Docket Number: G052640

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...

Vallejo Police Officers Association v. City of Vallejo  
Date: September 21, 2017
Docket Number: A144987

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 medica...

In re N.R.  
Date: September 21, 2017
Docket Number: B278221

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. Becaus...

California v. Trujillo  
Date: September 21, 2017
Docket Number: D071715

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 t...

Lynn v. George  
Date: September 21, 2017
Docket Number: G053563

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...

San Bruno Committee for Economic Justice v. City of San Bruno  
Date: September 20, 2017
Docket Number: A149409

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,...

In re Joaquin C.  
Date: September 20, 2017
Docket Number: B277434

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 Depa...

People v. Bona  
Date: September 20, 2017
Docket Number: B277751

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 sectio...

In re C.V.  
Date: September 20, 2017
Docket Number: B278331

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...

Pesticide Action Network v. California Department of Pesticide Regulation  
Date: September 19, 2017
Docket Number: A145632

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...

F.E.V. v. City of Anaheim  
Date: September 19, 2017
Docket Number: G052460

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)...

Respect Life South San Francisco v. City of South San Francisco  
Date: September 18, 2017
Docket Number: A145992

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...

Sharp Image Gaming v. Shingle Springs Band of Miwok Indians  
Date: September 15, 2017
Docket Number: C070512

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 d...

In re C.M.  
Date: September 15, 2017
Docket Number: D072056

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 cou...

Diego v. City of Los Angeles  
Date: September 14, 2017
Docket Number: B268266

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 prod...

In re Jesse Barber  
Date: September 14, 2017
Docket Number: B284060

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 bas...

In re Madison S.  
Date: September 13, 2017
Docket Number: A144936

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 fract...

Roth v. Plikaytis  
Date: September 13, 2017
Docket Number: D070484

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 Plikaytis'...

California v. Sandee  
Date: September 13, 2017
Docket Number: D070732

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...

California v. Leonard  
Date: September 13, 2017
Docket Number: D070980

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...

City of Fontana v. California Department of Tax and Fee Administration  
Date: September 12, 2017
Docket Number: A147642

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...

Miller v. Fortune Commercial Corp.  
Date: September 12, 2017
Docket Number: B271214

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...

Dent v. Wolf  
Date: September 12, 2017
Docket Number: B278951

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 dism...

Johnson v. Open Door Community Health Centers  
Date: September 11, 2017
Docket Number: A143992

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...

People v. Lujano  
Date: September 11, 2017
Docket Number: B269153

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 th...

In re Destiny D.  
Date: September 11, 2017
Docket Number: B279742

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 affirme...

California v. Hunter  
Date: September 11, 2017
Docket Number: G051942

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 o...

Montrose Chemical Corp. v. Super. Ct.
Date: September 8, 2017
Docket Number: B272387M
People v. Williams  
Date: September 8, 2017
Docket Number: B275226

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 a...

CA Correctional Peace Officers Assn v. Dept. of Corrections  
Date: September 8, 2017
Docket Number: C078723

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 an...

Global Modular v. Kadena Pacific, Inc.  
Date: September 8, 2017
Docket Number: E063551

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 St...

People v. Wallace  
Date: September 7, 2017
Docket Number: A149049

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 p...

Cortez v. Doty Bros. Equipment Co.
Date: September 6, 2017
Docket Number: B275255M
P. v. Vasquez
Date: September 6, 2017
Docket Number: D069298A
San Luis Rey Racing, Inc. v. California Horse Racing Board  
Date: September 6, 2017
Docket Number: D069680

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...

California v. Harris  
Date: September 6, 2017
Docket Number: D070711

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 (Propo...

Nakai v. Friendship House Association of American Indians, Inc.  
Date: September 5, 2017
Docket Number: A147966

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 Orlando’...

People v. Washington  
Date: September 5, 2017
Docket Number: B270506

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, (200...

Cortez v. Doty Bros. Equipment Co.  
Date: September 1, 2017
Docket Number: B275255

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...

Stoetzl v. State of California  
Date: August 31, 2017
Docket Number: A142832

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...

In re Charles G.
Date: August 31, 2017
Docket Number: A149593M
People v. Iraheta  
Date: August 31, 2017
Docket Number: B261606

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 ga...

Montrose Chemical Corp. v. Superior Court  
Date: August 31, 2017
Docket Number: B272387

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 ele...

Grotheer v. Escape Adventures  
Date: August 31, 2017
Docket Number: E063449

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 other...

Major v. R.J. Reynolds Tobacco Co.  
Date: August 30, 2017
Docket Numbers: B260355, B265671

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 multi...

People v. Seals  
Date: August 30, 2017
Docket Number: B271109

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 fl...

In re Luis H.  
Date: August 30, 2017
Docket Number: B276237

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 i...

Direct Capital Corporation v. Brooks  
Date: August 30, 2017
Docket Number: C081349

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 di...

City of Anaheim v. Cohen  
Date: August 30, 2017
Docket Number: C081918

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 re...

Pulte Home Corp. v. American Safety Indemnity Co.  
Date: August 30, 2017
Docket Number: D070478

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 gen...

Attard v. Board of Supervisors of Contra Costa County  
Date: August 29, 2017
Docket Number: A138702

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. T...

Save Laurel Way v. City of Redwood City  
Date: August 29, 2017
Docket Number: A147942

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...

BRE DDR BR Whittwood CA, LLC v. Farmers & Merchants Bank  
Date: August 29, 2017
Docket Number: B272168

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...

Aviles-Rodriguez v. Los Angeles Community College District  
Date: August 29, 2017
Docket Number: B278863

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 termin...

California v. Vasquez  
Date: August 29, 2017
Docket Number: D069298

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. T...

California v. Drew  
Date: August 29, 2017
Docket Number: G052949

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 unco...

In re Charles G.  
Date: August 25, 2017
Docket Number: A149593

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 ha...

In re Miller  
Date: August 25, 2017
Docket Number: B278902

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 Sara...

Orange Co. Water Dist. v. Sabic Innovative Plastics
Date: August 25, 2017
Docket Number: D070553M
California v. Brooks  
Date: August 25, 2017
Docket Number: D070918

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 informatio...

In re Marriage of Mendoza & Cuellar  
Date: August 25, 2017
Docket Number: G053820

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 Mendoza...

Mercury Casualty Co. v. Pasadena  
Date: August 24, 2017
Docket Number: B266959

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...

Rubenstein v. The Gap  
Date: August 24, 2017
Docket Number: B272356

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...

In re Travis C.
Date: August 24, 2017
Docket Number: B276877M
Ed H. v. Ashley C.  
Date: August 24, 2017
Docket Number: D070346

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 lack...

Highway 68 Coalition v. County of Monterey  
Date: August 24, 2017
Docket Number: H042891

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 asso...

Mahan v. Charles W. Chan Ins. Agency, Inc.  
Date: August 23, 2017
Docket Number: A147236A

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 revoc...

Sprunk v. Prisma LLC  
Date: August 23, 2017
Docket Number: B268755

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...

Riddell, Inc. v. Superior Court  
Date: August 23, 2017
Docket Number: B275482

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 Rid...

People v. Romero  
Date: August 23, 2017
Docket Number: B277631

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...

Ramirez v. City of Gardena  
Date: August 23, 2017
Docket Number: B279873

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 Techn...

California v. Ledesma  
Date: August 23, 2017
Docket Number: D070755

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 increa...

PGA West Residential Assn. v. Hulven International
Date: August 23, 2017
Docket Number: E064270M
Retzloff v. Moulton Parkway Residents' Assn.  
Date: August 23, 2017
Docket Number: G053164

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...

OTO, L.L.C. v. Kho  
Date: August 22, 2017
Docket Number: A147564

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...

Walker v. Appellate Division of the Superior Court of Los Angeles County  
Date: August 22, 2017
Docket Number: B280100

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 amoun...

Cal Sierra Development v. George Reed, Inc.  
Date: August 22, 2017
Docket Number: C080397

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 plain...

Marriage of Parker  
Date: August 22, 2017
Docket Number: E064236

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...

In re D.H.  
Date: August 22, 2017
Docket Number: E066818

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...

People v. Halim  
Date: August 21, 2017
Docket Number: B271770

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 fac...

In re J.P.  
Date: August 17, 2017
Docket Number: B277756

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...

California v. Button  
Date: August 17, 2017
Docket Number: D070341

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...

Bridges v. Mt. San Jacinto Community College Dist.
Date: August 17, 2017
Docket Number: E065213M
Skulason v. California Bureau of Real Estate  
Date: August 16, 2017
Docket Number: A147047

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 pr...

Okorie v. Los Angeles Unified School District  
Date: August 16, 2017
Docket Number: B268733

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...

Ponte v. County of Calaveras  
Date: August 16, 2017
Docket Number: C079180

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 co...

Harshad & Nasir Corp. v. Global Sign Systems  
Date: August 15, 2017
Docket Numbers: B269427, B275942, B275947

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...

Sviridov v. City of San Diego  
Date: August 15, 2017
Docket Number: D069785

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 d...

Sukumar v. City of San Diego  
Date: August 15, 2017
Docket Number: D071527

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 appe...

County of Orange v. Cole  
Date: August 15, 2017
Docket Number: G053375

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...

California v. Pineda  
Date: August 14, 2017
Docket Number: B267885

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...

Towery v. State of California
Date: August 14, 2017
Docket Number: B269387M
Jacobs v. Coldwell Banker Residential Brokerage Co.  
Date: August 14, 2017
Docket Number: B277832

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 plaintiff...

Hovannisian v. First American Title Ins. Co.  
Date: August 14, 2017
Docket Number: F072789

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...

In re Trever P.  
Date: August 14, 2017
Docket Number: F073691

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 co...

Energy Insurance Mutual Ltd. v. Ace American Insurance Co.  
Date: August 10, 2017
Docket Number: A140656

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...

Surfrider Foundation v. Martins Beach 1, LLC  
Date: August 10, 2017
Docket Number: A144268

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 clif...

P.eople v. Financial Casualty & Surety  
Date: August 10, 2017
Docket Number: A145568

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 FC...

Towery v. State of California  
Date: August 10, 2017
Docket Number: B269387

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 Cour...

California v. Brown  
Date: August 10, 2017
Docket Number: C078620

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 ins...

Curci Investments v. Baldwin  
Date: August 10, 2017
Docket Number: G052764

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 j...

People v. Financial Casualty & Surety, Inc.  
Date: August 9, 2017
Docket Number: A147808

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...

Cross v. Facebook, Inc.  
Date: August 9, 2017
Docket Number: A148623

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. “Fa...

Harris v. Super. Ct.  
Date: August 9, 2017
Docket Number: C083669

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...

PGA West Residential Assn. v. Hulven International  
Date: August 9, 2017
Docket Number: E064270

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 corporati...

Light v. Calif. Dept. of Parks & Rec.  
Date: August 8, 2017
Docket Number: D070361

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 ord...

Bridges v. Mt. San Jacinto Community College Dist.  
Date: August 8, 2017
Docket Number: E065213

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,...

Russell City Energy Co. v. City of Hayward  
Date: August 7, 2017
Docket Number: A144749

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...

City of Culver City v. Cohen  
Date: August 7, 2017
Docket Number: C077799

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...

Arnaudo Brothers, LP v. Agricultural Labor Relations Bd.  
Date: August 7, 2017
Docket Number: F072420

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...

Ayala v. Dawson  
Date: August 4, 2017
Docket Number: A142830

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...

In re Marriage of Garcia  
Date: August 4, 2017
Docket Number: D070493

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 q...

Orange Co. Water Dist. v. Sabic Innovative Plastics  
Date: August 4, 2017
Docket Number: D070553

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...

Conservatorship of the Person of K.W.  
Date: August 3, 2017
Docket Number: A148614

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...

People v. Gandy  
Date: August 3, 2017
Docket Number: B264452A

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 conte...

P. v. Roberts
Date: August 3, 2017
Docket Number: D069355M
In re L.L.  
Date: August 3, 2017
Docket Number: D071661

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...

California v. Echavarria  
Date: August 3, 2017
Docket Number: E065257

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...

In re D.W.  
Date: August 2, 2017
Docket Number: A145470A

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 t...

In re Travis C.  
Date: August 2, 2017
Docket Number: B276877

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 m...

California v. Singh  
Date: August 2, 2017
Docket Number: C075295

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 ki...

In re J. C.  
Date: August 2, 2017
Docket Number: C080391

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...

Esparza v. KS Industries, LP  
Date: August 2, 2017
Docket Number: F072597

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 D...

In re I.F.
Date: July 31, 2017
Docket Number: A146979M
Kaiser Foundation Health Plan v. Superior Court  
Date: July 31, 2017
Docket Number: B272284

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 va...

Baker v. Italian Maple Holdings  
Date: July 31, 2017
Docket Number: D069797

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 LaBerg...

S.V. v. Super. Ct.  
Date: July 31, 2017
Docket Number: G053903

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, pandering...

In re: Marriage of Kumar  
Date: July 28, 2017
Docket Number: A145181

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 I–86...

Rush v. White Corp.  
Date: July 28, 2017
Docket Number: A145758

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, r...

Conroy v. Wells Fargo Bank  
Date: July 28, 2017
Docket Number: C078914

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...

Murphey v. Shiomoto  
Date: July 28, 2017
Docket Number: D069557

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...

Minnick v. Automotive Creations, Inc.  
Date: July 28, 2017
Docket Number: D070555

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 t...

California v. Arredondo  
Date: July 28, 2017
Docket Number: E064206A

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...

Beachcomber Management Crystal Cove v. Super. Ct.  
Date: July 28, 2017
Docket Number: G054078

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 t...

Baker v. Workers Compensation Appeals Board  
Date: July 28, 2017
Docket Number: H043291

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 17–...

P. v. Turner
Date: July 27, 2017
Docket Number: A147603M
Taylor v. Trimble  
Date: July 27, 2017
Docket Number: B276723

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...

Ewald v. Nationstar Mortgage
Date: July 27, 2017
Docket Number: C081760
Toeppe v. City of San Diego  
Date: July 27, 2017
Docket Number: D069662

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 seri...

California v. Arredondo  
Date: July 27, 2017
Docket Number: E064206

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...

Estuary Owners Association. v. Shell Oil Co.  
Date: July 26, 2017
Docket Number: A145516

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 above...

In re Palmer  
Date: July 26, 2017
Docket Number: A147177

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 201...

In re Taitano
Date: July 26, 2017
Docket Number: A147412M
In re David T.  
Date: July 26, 2017
Docket Number: A148563

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 t...

Crossroads Investors v. Federal National Mortgage Assn.  
Date: July 26, 2017
Docket Number: C072585A

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...

People v. Casillas  
Date: July 26, 2017
Docket Number: F071951

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....

Aanderud v. Superior Court of Kern County  
Date: July 26, 2017
Docket Number: F073277

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 p...

Bonni v. St. Joseph Health System  
Date: July 26, 2017
Docket Number: G052367

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, sectio...

Kizer v. Tristar Risk Management  
Date: July 26, 2017
Docket Number: G052558

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 Plaintiff...

County of San Mateo v. Superior Court  
Date: July 25, 2017
Docket Number: A146077

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 con...

FilmOn.com v. DoubleVerify, Inc.  
Date: July 25, 2017
Docket Number: B264074

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...

David v. Hernandez  
Date: July 25, 2017
Docket Number: B270133

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 A...

In re A.C.  
Date: July 21, 2017
Docket Number: D071772

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 childre...

People v. Bloomfield  
Date: July 20, 2017
Docket Number: A148919

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 def...

Alvarez v. Seaside Transportation Services LLC  
Date: July 20, 2017
Docket Number: B275980

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 ag...

ZL Technologies v. Doe  
Date: July 19, 2017
Docket Number: A143680

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 themse...

Cummings v. Dessel  
Date: July 19, 2017
Docket Number: A144212

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. Cum...

San Diego County Water etc. v. Metropolitan Water Dist. etc.
Date: July 18, 2017
Docket Number: A146901M
County of Los Angeles v. Allegheny Casualty Co.  
Date: July 18, 2017
Docket Number: B268667

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 cause...

Schep v. Capital One
Date: July 18, 2017
Docket Number: B269724M
Demara v. The Raymond Corp.  
Date: July 18, 2017
Docket Number: D068533

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 pe...

California v. Roberts  
Date: July 18, 2017
Docket Number: D069355

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 ben...

Swigart v. Bruno  
Date: July 17, 2017
Docket Number: D071072

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 al...

People v. Jeffrey G.  
Date: July 13, 2017
Docket Number: A149067

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 trans...

Deutsche Bank Nat. Trust v. Pyle  
Date: July 13, 2017
Docket Number: D071079

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....

People v. Webb  
Date: July 12, 2017
Docket Number: A147740

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 s...

LA Unified School District v. Safety National Casualty Corp.  
Date: July 12, 2017
Docket Number: B275597

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 (bec...

California v. Carothers  
Date: July 12, 2017
Docket Number: C078874

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 A...

Santa Ana Police Off. Assn. v. City of Santa Ana.
Date: July 12, 2017
Docket Number: G053126M
Association for L.A. Deputy Sheriffs v. Superior Court  
Date: July 11, 2017
Docket Number: B280676

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 so-ca...

People v. Turner  
Date: July 10, 2017
Docket Number: A147603

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 revo...

Menefield v. Bd. Of Parole Hearings  
Date: July 7, 2017
Docket Number: C083356

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...

Espejo v. The Copley Press  
Date: July 7, 2017
Docket Number: D065397

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 ar...

Kumari v. Hospital Committee for Livermore-Pleasanton Areas  
Date: July 6, 2017
Docket Number: A148351

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....

Santa Ana Police Off. Assn. v. City of Santa Ana.  
Date: July 6, 2017
Docket Number: G053126

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 init...

In re: Taitano  
Date: July 5, 2017
Docket Number: A147412

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 facilit...

Petitpas v. Ford Motor Co.  
Date: July 5, 2017
Docket Number: B245037

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 adjudic...

Tustin Field Gas & Food v. Mid-Century Insurance Co.  
Date: July 3, 2017
Docket Number: B268850

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 A...

Cinema West v. Baker  
Date: June 30, 2017
Docket Number: A144265

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 es...

IAR Systems v. Super. Ct.
Date: June 30, 2017
Docket Number: A149087M
Irvin v. Contra Costa County Employees' Retirement Association Board  
Date: June 30, 2017
Docket Number: A149642

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 rece...

Trejo v. Johnson & Johnson  
Date: June 30, 2017
Docket Number: B238339

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 McNe...

People v. Resendez  
Date: June 30, 2017
Docket Number: B269608

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...

Duarte v. Pacific Specialty Insurance Co.  
Date: June 29, 2017
Docket Number: A143828

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 lea...

In re I.F.  
Date: June 29, 2017
Docket Number: A146979

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 war...

Shames v. Utility Consumers' Action Network  
Date: June 29, 2017
Docket Number: D070141

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 acti...

Morgado v. City and County of San Francisco  
Date: June 28, 2017
Docket Number: A141681

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...

Jacobs v. The Regents of the University of California  
Date: June 28, 2017
Docket Number: B268758

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...

P. v. Sperling
Date: June 28, 2017
Docket Number: B272275M
Schep v. Capital One  
Date: June 26, 2017
Docket Number: B269724

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 pla...

People v. Castel  
Date: June 26, 2017
Docket Number: B271396

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,...

City of Pasadena v. Superior Court  
Date: June 26, 2017
Docket Number: B280805

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 shou...

P. v. Overstock.Com, Inc.
Date: June 23, 2017
Docket Number: A141613M
People v. Spaccia  
Date: June 23, 2017
Docket Number: B256046

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...

Hupp v. Solera Oak Valley Greens Assn.  
Date: June 23, 2017
Docket Number: E065766

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 Aristea’...

County of Los Angeles Board of Supervisors v. Superior Court  
Date: June 22, 2017
Docket Number: B257230A

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 fro...

Hikida v. Workers' Compensation Appeals Board  
Date: June 22, 2017
Docket Number: B279412

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' compensati...

Orange Co. Water Dist. v. Alcoa
Date: June 22, 2017
Docket Number: D070771M
San Diego County Water Authority v. Metropolitan Water District of Southern California  
Date: June 21, 2017
Docket Number: A146901

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 brea...

Tucker Ellis LLP v. Superior Court  
Date: June 21, 2017
Docket Number: A148956

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 w...

Husman v. Toyota Motor Credit Corp.  
Date: June 21, 2017
Docket Number: B268300

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 tr...

The Park at Cross Creek v. City of Malibu  
Date: June 21, 2017
Docket Number: B271620

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 app...

Monster, LLC v. Superior Court  
Date: June 21, 2017
Docket Number: B278289

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 ent...

In re Jose S.  
Date: June 21, 2017
Docket Number: D070521

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 juvenil...

Yu Qin Zhu v. Workers' Compensation Appeals Board  
Date: June 20, 2017
Docket Number: B278696

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 c...

SJJC Aviation Services v. City of San Jose  
Date: June 20, 2017
Docket Number: H041035

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 FB...

CRST v. Super. Ct.
Date: June 19, 2017
Docket Number: B280270M
Zubillaga v. Allstate Indemnity Company  
Date: June 19, 2017
Docket Number: G052603

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 remai...

Hilliard v. Harbour  
Date: June 16, 2017
Docket Number: A146330

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. T...

In re A.G.  
Date: June 16, 2017
Docket Number: D071620

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 h...

Kao v. Joy Holiday  
Date: June 15, 2017
Docket Number: A147540

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. A...

Grist Creek Aggregates, LLC v. Superior Court  
Date: June 15, 2017
Docket Number: A149861

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 Un...

California v. Alford  
Date: June 15, 2017
Docket Number: D070486

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 assess...

Rossdale Group, LLC v. Walton  
Date: June 15, 2017
Docket Number: H043476

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 c...

CA FAIR Plan Assn. v. Garnes
Date: June 14, 2017
Docket Number: A143190M
Kinney v. Clark
Date: June 14, 2017
Docket Number: B265267M
Hutcheson v. Eskaton Fountainwood Lodge  
Date: June 14, 2017
Docket Number: C074846

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 o...

City of Big Bear Lake v. Cohen  
Date: June 14, 2017
Docket Number: C076576

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 befor...

Van Audenhove v. Perry
Date: June 14, 2017
Docket Number: E065418M
Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp.  
Date: June 13, 2017
Docket Number: B269186

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 demu...

Webb v. Webb  
Date: June 13, 2017
Docket Number: B269311

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. I...

Plantier v. Ramona Municipal Water Dist.  
Date: June 13, 2017
Docket Number: D069798

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...

Black Sky Capital v. Cobb  
Date: June 13, 2017
Docket Number: E064482

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...

California v. Wilford  
Date: June 12, 2017
Docket Number: D069888

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...

Laymon v. J. Rockcliff, Inc.  
Date: June 9, 2017
Docket Number: A147464

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...

In re Snyder  
Date: June 9, 2017
Docket Number: C082275

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 pr...

California v. Smith  
Date: June 9, 2017
Docket Number: D069445A

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 be...

People v. Campbell  
Date: June 8, 2017
Docket Number: B267280

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 prose...

People v. Sperling  
Date: June 8, 2017
Docket Number: B272275

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 o...

California v. Super. Ct.  
Date: June 8, 2017
Docket Number: D071461

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...

In re David B.  
Date: June 7, 2017
Docket Number: A146632

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, alle...

California v. Woods  
Date: June 7, 2017
Docket Number: D070477

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 bu...

Casiopea Bovet, LLC v. Chiang  
Date: June 7, 2017
Docket Number: D070797

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...

Brenner v. Universal Health etc.  
Date: June 7, 2017
Docket Number: D071094

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 Healt...

Ogunsalu v. Super. Ct.
Date: June 7, 2017
Docket Number: D071323M
In re Jesse S.  
Date: June 7, 2017
Docket Number: G054169

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 fost...

People v. Nguyen  
Date: June 7, 2017
Docket Number: H042795

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 f...

People v. Ruffin  
Date: June 6, 2017
Docket Number: B270940

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. Th...

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