California Courts of Appeal Decisions 2018

Justia Opinion Summary: Plaintiffs Jose Robles, Christopher Rymel, and David Hagins sued defendant Save Mart Supermarkets, Inc., alleging various state law statutory employment claims. After successfully moving to sever, Save Mart moved to…

Justia Opinion Summary: Defendants appealed their convictions and sentences for murder, attempted murder, and discharging a firearm at an inhabited dwelling following a gang-related shooting that killed two victims and seriously injured a…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment and order denying prevailing party attorney fees in an action filed by plaintiff alleging that GNC used his likeness in its advertising campaign after its right to…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction for second degree murder, holding that the trial court should have granted defense counsel's request for a jury instruction on the lesser-included offense of…

Justia Opinion Summary: Plaintiffs-appellants Jamie and Kelly Etcheson brought an action under the Song-Beverly Consumer Warranty Act (commonly known as the "lemon law") against defendant and respondent FCA US LLC (FCA) after experiencing…

Justia Opinion Summary: Plaintiffs-appellants San Diego Unified School District, Clovis Unified School District, Poway Unified School District, San Jose Unified School District, Newport-Mesa Unified School District, and Grossmont Union High…

Justia Opinion Summary: A jury convicted Melvin Hiram Thomas II in 2003 for receiving a stolen vehicle and active participation in a criminal street gang. To support the gang conviction, the State offered a gang expert whose testimony included…

Justia Opinion Summary: Two cases involving J.Y. were consolidated for this decision. In case No. C082548, appellant R.T., mother of minor J.Y., appealed a juvenile court’s order authorizing J.Y.’s removal from his previous caretakers and…

Justia Opinion Summary: 1st Century was a Delaware corporation headquartered in Los Angeles; its shares were publicly traded on the NASDAQ. 1st Century and Midland announced merger plans. Midland was to acquire 1st Century for $11.22 in cash…

Justia Opinion Summary: Baldwin was convicted in 2012 of robbery, felony petty theft with theft priors, and misdemeanor brandishing a knife and was sentenced to prison for three years for the robbery plus six consecutive one-year enhancements…

Justia Opinion Summary: In 2010, plaintiff’s “chev” was towed and sold due to $841 in parking tickets and “boot fees.” Plaintiff was not notified that sales proceeds were used only to pay for towing and storage, not for the unpaid tickets. In…

Justia Opinion Summary: Howard alleges that Kaggle’s CEO, Goldbloom, three other members of its board of directors and three limited partnerships (the VC defendants)) abused their corporate power and breached their fiduciary duty to him by…

Justia Opinion Summary: A jury convicted former United States Postal Service employee Robert Hamilton of three counts of making a false or fraudulent statement for the purpose of obtaining compensation under the California workers' compensation…

Justia Opinion Summary: Stockird's handwritten will transferred “all my property and everything I may be entitled to inherit” to her life partner, Aguirre, and an aunt-by-marriage, Ambrose. The will did not include alternative provisions for…

Justia Opinion Summary: The Court of Appeal reversed a mentally disordered offenders (MDO's) commitment, holding that defendant did not receive 90 days of treatment for his disorder within the year prior to his parole or release. In this case,…

Justia Opinion Summary: Juvenile defendant appealed a dispositional order adjudging him a ward of the juvenile court and placing him on probation after the trial court sustained a petition for battery with serious bodily injury. The Court of…

Justia Opinion Summary: The Department of Water Resources (DWR) applied to the Federal Energy Regulatory Commission (FERC or Commission) to extend its federal license to operate Oroville Dam and its facilities as a hydroelectric dam (referred…

Justia Opinion Summary: Kileigh Carrington filed a complaint against her former employer, Starbucks Corporation, asserting a representative cause of action under the Private Attorney General Act (PAGA). In her suit, she claimed Starbucks failed…

Justia Opinion Summary: After plaintiff was injured while he was a passenger in a pickup truck involved in a rollover accident, plaintiff filed suit against the driver (his father), the corporation employed by the driver, and an affiliated…

Justia Opinion Summary: This appeal stemmed from lawsuits filed nearly 20 years ago known as the Antelope Valley Groundwater Adjudication cases. The Court of Appeal held that there was substantial evidence to support the trial court's…

Justia Opinion Summary: In 2012, the Campbell Union School District (CUSD) Governing Board enacted a fee on new residential development under Education Code section 17620. The fee, $2.24 per square foot on new residential construction, was…

Justia Opinion Summary: After a non-USC student filed suit against the University and others for negligence, the trial court denied USC's motion for summary judgment. The Court of Appeal granted USC's motion for a peremptory writ of mandate…

Justia Opinion Summary: Plaintiff Lynda Hoffman owned 28 acres of land, a portion of which is used to grow plants for an intended nursery. The property was adjacent to a 211-acre rock quarry (the quarry) owned by National Quarries Enterprises…

Justia Opinion Summary: As part of an internal affairs investigation regarding the unauthorized disclosure of a confidential police report, the San Diego Police Department (Department) questioned plaintiff/real party Dana Hoover, a detective…

Justia Opinion Summary: Defendant Pedro Gomez was convicted of crimes involving the sexual molestation of the victim, who was the daughter of defendant’s live-in girlfriend. The molestation occurred over several years during which time the…

Justia Opinion Summary: Plaintiff filed suit for breach of an insurance contract and bad faith against State Farm, requesting punitive damages. The Court of Appeal affirmed the trial court's grant of summary adjudication in State Farm's favor,…

Justia Opinion Summary: D.C. (Husband) appealed an order granting a petition for modification of spousal support filed by his former spouse T.C. (Wife). The trial court found that a significant increase in Wife's earnings since the last spousal…

Justia Opinion Summary: After the trial court granted defendant's petition for writ of habeas corpus and resentenced him to 50 years to life in state prison, defendant appealed. Defendant was originally sentenced to 94 years to life after he…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment applying the Lamden judicial deference rule to the Board of Director's decision that defendants' operation of a vineyard was not a prohibited business or commercial…

Justia Opinion Summary: Plaintiff appealed a judgment confirming an arbitration award in favor of defendant, whom she sued for medical malpractice. The Court of Appeal affirmed the trial court's judgment, holding that the trial court properly…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's restitution order requiring defendant to pay the victim $4,015.44 to compensate him for wire defendant stole. In this case, defendant stole 520 feet of underwater copper…

Justia Opinion Summary: Georgetown was a "quaint unincorporated Gold Rush-era hamlet" in rural El Dorado County (the County, including defendant Board of Supervisors). Developer SimonCRE Abbie, LLC and its principals wanted to erect a Dollar…

Justia Opinion Summary: Shauna R. appealed an order terminating parental rights to her son, Cody R., contending the order should have been reversed because the San Diego County Health and Human Services Agency (Agency) did not give preferential…

Justia Opinion Summary: K.P. was found not guilty by reason of insanity by a jury; he shot and killed his father. In this appeal, the issue presented for the Court of Appeal's review centered on whether the recent amendment to subdivision (h)…

Justia Opinion Summary: Attorney Beverly Gassner filed suit against her former client Loretta Stasa for unpaid fees. Gassner was represented by the Grossman firm. In 2016, Gassner voluntarily dismissed the action without prejudice. The trial…

Justia Opinion Summary: The Salinas intersection's crosswalk, on city property, was painted in 1997 and never repainted. An ordinance provided that the city “shall . . . maintain crosswalks at intersections . . . by appropriate . . . marks . .…

Justia Opinion Summary: California law provides that the death penalty shall be inflicted by either lethal gas or by “an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established…

Justia Opinion Summary: The Court of Appeal affirmed defendant's convictions of three counts of second degree murder, 19 counts of unlawfully prescribing controlled substances, and one count of obtaining a controlled substance by fraud. The…

Justia Opinion Summary: Plaintiffs filed suit alleging that they were employees of insurers and service companies jointly, and were entitled to but deprived of minimum wages, overtime, meal and rest breaks, reimbursement of expenses, and…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment denying Acco's petition for writ of mandamus seeking review of an administrative decision adopted by the Registrar, finding Acco in violation of Business and…

Justia Opinion Summary: Richard LaDuke appealed his conviction by jury of arson, vandalism of a religious educational institution, and felony vandalism causing over $400 in damage. At sentencing, the trial court granted him three years of…

Justia Opinion Summary: The superior court challenged the Board's decision that certain court personnel rules and regulations violated the Trial Court Employment Protection and Governance Act, and therefore constituted unfair practices. The…

Justia Opinion Summary: The Modisettes were traveling in their car on Interstate 35W in Denton County, Texas. Wilhelm was also driving on I-35, while using the FaceTime application on his Apple iPhone. Wilhelm crashed into the Modisettes’ car,…

Justia Opinion Summary: In 2014, Martindale obtained a three-year domestic violence prevention restraining order (Fam. Code 6200) against Ochoa, the father of her then five-year-old daughter. Before the order was set to expire, she sought…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdictional order asserting that the children fell under Welfare and Institutions Code section 300, subdivision (b), but finding no substantial risk of serious harm…

Justia Opinion Summary: In a child custody proceeding arising under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Court of Appeal held that the trial court erred by granting mother's motion to quash temporary…

Justia Opinion Summary: By a stipulated decree issued in 1920, the Tehama County Superior Court adjudicated water rights in Mill Creek. It declared the natural flow of the water up to a total rate of 203 cfs had been appropriated by the parties…

Justia Opinion Summary: A jury awarded plaintiff-appellant Shirlean Warren $17,455.57 in damages pursuant to California's “lemon law.” In this appeal, Warren challenges her attorney fee award and her costs and expenses award. Warren claims the…

Justia Opinion Summary: Beginning in 2009, plaintiffs sued defendants, including Associated Insulation, for injuries arising out of plaintiffs’ alleged asbestos exposure. Plaintiffs served Associated with the complaints. Associated, which…

Justia Opinion Summary: Plaintiff appealed the trial court's denial of his petition for a writ of administrative mandamus to set aside his expulsion from USC for unauthorized alcohol use, sexual misconduct, sexual assault, and rape of another…

Justia Opinion Summary: The juvenile court found minor E.P. committed second degree burglary, possessed graffiti tools, received stolen property, and illegally possessed alcohol. E.P. contended the Court of Appeal should have reversed the…

Justia Opinion Summary: Moustafa applied for a license to be a registered nurse and disclosed she had been convicted of four misdemeanors that were subsequently dismissed under Penal Code section 1203.4. The Board of Registered Nursing her a…

Justia Opinion Summary: Lindh, a law enforcement officer, took blows to the head during training. He subsequently had severe headaches lasting between several hours and two days. A month later, Lindh suddenly lost most of the vision in his left…

Justia Opinion Summary: Defendant Daniel Thomas appealed his convictions for possession of a dirk or dagger, possession of methamphetamine with prior convictions, and possession of drug paraphernalia. Sacramento Police received a call that a…

Justia Opinion Summary: The trial court granted a motion for summary judgment brought by defendant AMN Services, LLC (AMN), and denied motions for summary adjudication of one cause of action and one affirmative defense brought by plaintiff…

Justia Opinion Summary: Plaintiff-respondent J.W., through her guardian ad litem, sued defendant-appellant Watchtower Bible and Tract Society of New York, Inc. (Watchtower) and others for: (1) negligence; (2) negligent supervision/failure to…

Justia Opinion Summary: Defendant was sentenced to prison for possessing stolen property. On June 6, 2014, he was released from prison and placed on postrelease community supervision (PRCS). A December 2015 petition for revocation of PRCS…

Justia Opinion Summary: Plaintiffs are four parents and their children residing throughout California and a California nonprofit corporation, A Voice for Choice, Inc. This case rose constitutional challenges to Senate Bill No. 277, which…

Justia Opinion Summary: Pursuant to a former version of Code of Civil Procedure section 128.5, the trial court ordered CPF Vaseo Associates, LLC (CPF) and its counsel, John Byrne, to pay Bruce and Barbara Gray (the Grays) just over $30,000 in…

Justia Opinion Summary: C.S., then 15 years old, participated in a 2012 gang assault that resulted in the death of the 14-year-old victim. Under then-applicable Welfare and Institutions Code sections 602 and 7071, C.S. was charged in a court of…

Justia Opinion Summary: Defendant Brandon Berch objected to having a commissioner preside over his preliminary and final parole revocation hearings. His objection was overruled. The commissioner revoked defendant’s parole and committed him to…

Justia Opinion Summary: The Court of Appeal held that a default judgment was void on its face based on improper service. In this case, the trial court ordered plaintiffs to publish the summons "in The Orange County Register, a newspaper of…

Justia Opinion Summary: CSEA filed two unfair practice charges against the District in 2010 and 2013 under the Education Employment Relations Act (EERA). The Board then issued two decisions and orders requiring, among other things, that the…

Justia Opinion Summary: A jury found defendant Shauna Burton guilty of two counts of first degree murder and one count of second degree robbery, found true a multiple-murder special circumstance, and found true allegations that defendant used…

Justia Opinion Summary: Late one night, two officers were piloting a police helicopter when a laser struck their cockpit multiple times. The windshield on the aircraft refracted the light from the laser throughout the cockpit, which restricted…

Justia Opinion Summary: Wilmot commenced employment with the Fire Protection District in 1985. He was a member of the retirement program, administered by the Contra Costa County Employees’ Retirement Association (CCERA). In 2012, Wilmot decided…

Justia Opinion Summary: After Katherine Rosen, a student at the University of California, was severely injured by another student who had been receiving treatment for mental illness, Rosen filed a negligence action against university personnel…

Justia Opinion Summary: Defendant Joseph LaVoie carjacked a stranger in a parked car, forcing him to turn over his car keys and cell phone at gunpoint. When defendant was arrested, he was in possession of a handgun with a 15- round-capacity…

Justia Opinion Summary: The investigation into a 2006 homicide was dormant until Garcia and other members of the Los Latinos Locos (Triple L) street gang were implicated by someone in custody on an unrelated offense. Garcia was accused of…

Justia Opinion Summary: Officers Gragg and Morin responded to a report that a man (Neal) at the Antioch Marina was acting in a suicidal manner. Neal stated that he was previously in the military and had been a police officer and possessed…

Justia Opinion Summary: Plaintiffs sued a staffing company that provided employees for public recycling facilities under contracts with Los Angeles County Sanitation Districts, in a class action under the Labor Code. The trial court found that…

Justia Opinion Summary: Employee Edwards filed a putative class action lawsuit against employer Heartland for wage and hour violations. Employees Torres and Martinez filed a separate, later putative class action lawsuit against Heartland for…

Justia Opinion Summary: Next Century purchased the Century Plaza Hotel in mid-2008, for $366.5 million. As of January 1, 2009, the property’s enrolled assessed value was $367,612,305. Next Century sought a reduction in the assessed value…

Justia Opinion Summary: Plaintiffs Travelers Property Casualty Company of America, the Travelers Indemnity Company of Connecticut, and St. Paul Fire and Marine Insurance Company (collectively, Travelers) filed this action against certain…

Justia Opinion Summary: A jury found defendant Lamar McClinton to be a sexually violent predator (SVP), as defined within the Sexually Violent Predator Act (SVPA). The trial court then committed McClinton to the custody of the State Department…

Justia Opinion Summary: Plaintiff and her sister inherited a San Jose house when their mother died in 2003. They took title as tenants-in-common. A recorded deed reflected that each owned an undivided 50 percent interest. Plaintiff lived in the…

Justia Opinion Summary: In 2014, the court of appeal decided a case that involved the legitimacy of certain retirement benefits regularly paid by the Oakland Police and Fire Retirement Board to members and beneficiaries of the Oakland Police…

Justia Opinion Summary: Montecito neighbors had a dispute over an easement created by recording in 1994, which contained an unpaved road. The owner of the burdened property wanted the easement limited to historical use; a new owner of the other…

Justia Opinion Summary: Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. Unfortunately, Hotlen was deceased at the time of the lawsuit, and he had no estate from which she could recover. However,…

Justia Opinion Summary: Defendants Sandra Bonilla, Guillermo Bonilla Chirinos, and Juan Bonilla Chirinos appealed after juries found each of them guilty of felony vandalism. Defendants argued they received ineffective assistance of counsel…

Justia Opinion Summary: Finance Holding Company, LLC (Finance) obtained a judgment against Dominque Molina for about $50,000 plus interest and attorney fees. In judgment enforcement proceedings, Finance sought documents from Molina's employer,…

Justia Opinion Summary: Defendant Malanje Phea was found guilty of all counts in a 33-count information. Thirty-one of the counts charged defendant with sex offenses against one of his daughters and two other victims, each of whom was 16 years…

Justia Opinion Summary: In 1998, the State Lands Commission granted Hanson’s predecessor 10-year leases, authorizing commercial sand mining from sovereign lands, owned by the state subject to the public trust, and managed by the Commission,…

Justia Opinion Summary: In May 1995, Charlene’s parents created CJPM Family Partnership, Ltd. Charlene’s parents are the general partners. Charlene, her parents, and her siblings are limited partners of CJPM. Philip and Charlene married in…

Justia Opinion Summary: Defendant, lawfully arrested for driving while under the influence of an alcoholic beverage, moved to suppress evidence alleging: “The collection of blood, breath, or urine constitutes a search and seizure within the…

Justia Opinion Summary: Plaintiff, cross-defendant and respondent David Morgan sued Daniel Pena and defendant, cross-complainant and appellant Claudia Davidson for battery. Davidson filed a cross-complaint against Morgan, alleging (1) assault,…

Justia Opinion Summary: In 2015, the California Governor issued a proclamation convening a special session of the Legislature for certain specified purposes, including to “[i]mprove the efficiency and efficacy of the health care system, reduce…

Justia Opinion Summary: Defendant was convicted of four counts of committing a lewd act on a child under 14, one count of committing a forcible lewd act on a child under 14, one count of sexual penetration of a child age 10 or younger, two…

Justia Opinion Summary: JRI contracted with the City of Los Angeles Department of Airports (LAWA), to provide LAWA specialized airport firefighting trucks. Each sued the other for breach of the contract. LAWA further alleged JRI violated the…

Justia Opinion Summary: The Department of Alcoholic Beverage Control (the Department) petitioned for a writ of review to annul the decision of the Alcoholic Beverage Control Appeals Board (the Appeals Board) and reinstate the Department’s…

Justia Opinion Summary: Mariana L. initiated a paternity and child support action in San Diego County against David L., a Connecticut resident. The trial court denied David's motion to quash service, and he sought writ review. The question this…

Justia Opinion Summary: Defendant Juan Cisneros-Ramirez was charged with two counts of oral copulation or sexual penetration of a child 10 years old or younger, and three counts of committing a lewd act upon a child under the age of 14. The…

Justia Opinion Summary: The Alliance challenged the approval of a project comprising a fuel station, convenience store, and quick serve restaurant on The Alameda and the adoption of a mitigated negative declaration for the project. The Alliance…

Justia Opinion Summary: Rasooly unsuccessfully appealed a 2015 “Notice and Order to Repair or Demolish Structure" for his vacant Oakley building, then sought judicial review. The city agreed to rescind the Notice; Rasooly was to provide plans…

Justia Opinion Summary: After a heated exchange outside a bar, defendant Nathaniel Stutelberg jabbed a box cutter at Michelle S. and Chris L., lacerating Michelle's head but not injuring Chris. Among other things, the jury convicted Stutelberg…

Justia Opinion Summary: S.Y. and Omar were married in 2013 and had one child, A. On August 29, 2016, Omar was physically violent with S.Y. Omar also grabbed S.Y., forced her and A. out of the house, and locked the door. S.Y. obtained a…

Justia Opinion Summary: Plaintiff filed suit against defendants for unjust enrichment and conversion, alleging that it had no remedy at law against the original property owner after it lost the property in foreclosure, and that defendants had…

Justia Opinion Summary: The Court of Appeal granted defendant's petition for writ of mandate and ordered the trial court to dismiss the entire action under Code of Civil Procedure sections 583.310 and 583.360. The panel held that an order…

Justia Opinion Summary: In 2014, Wife was married to Andres Marin (the victim). Wife and the victim shared four children: Andres, Jazmyn, Christal, and Julyan. On March 1, 2014, at approximately 6:30 a.m., the victim left the Family’s residence…

Justia Opinion Summary: Halbig, a “school safety and security expert and consultant” living in Florida, began an independent investigation of the 2012 shooting at Sandy Hook Elementary School and established an organization, “Sandy Hook…

Justia Opinion Summary: Hart suffers from mesothelioma, caused by exposure to asbestos. In 1976-1977, Hart worked on a McKinleyville sewer project, for Christeve, cutting asbestos-cement pipe, manufactured by Johns-Manville. Hart had no…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's issuance of a domestic violence restraining order (DVRO) issued in favor of the wife. The court held that the trial court did not err in considering the wife's testimony…

Justia Opinion Summary: Caldwell’s 1991 second-degree murder conviction was reversed when the trial court granted his habeas corpus petition. Caldwell’s habeas petition alleged various grounds for relief, including an actual innocence claim,…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a new trial in an action where the jury found in favor of the school district on claims related to a student's fall from a tree located on the campus of his middle…

Justia Opinion Summary: SI 59 appealed from a judgment of dismissal following a demurrer to its second amended complaint against defendants, as well as the post judgment award of attorney fees. The Court of Appeal affirmed, holding that Civil…

Justia Opinion Summary: This case involved challenges by the High Sierra Rural Alliance (High Sierra) to the Plumas County’s general plan update and the final environmental impact report (EIR). All of High Sierra’s challenges related to these…

Justia Opinion Summary: In 1996, California voters adopted Proposition 218 (as approved by voters Gen. Elec. Nov. 5, 1996, eff. Nov. 6, 1996 [as of Nov. 14, 2018], archived at ) (Proposition 218) to add article XIII C to the California…

Justia Opinion Summary: Plaintiffs were class representatives of current and former employees of defendant Pacific Bell Telephone Company who installed and repaired video and internet services in customers’ homes. They appealed a judgment in…

Justia Opinion Summary: In the published portion of the opinion, the Court of Appeal noted that effective January 1, 2019, Code of Civil Procedure section 998 will have no application to costs and attorney and expert witness fees in a Fair…

Justia Opinion Summary: Class actions are not allowed under the Right to Repair Act except in one limited context: to assert claims that address solely the incorporation into a residence of a defective component, unless that component is a…

Justia Opinion Summary: Genisman and Cline co-owned ECI and Coast. Genisman wanted Cline to buy out his interests and sought to be released from personal guarantees to lenders, including Blumenfeld. Genisman retained the Hopkins law firm.…

Justia Opinion Summary: Defendant appealed from a judgment entered following Proposition 47 resentencing on the sole remaining felony conviction in the present case. The trial court originally sentenced him to a consecutive term of eight months…

Justia Opinion Summary: The wife in a married couple (defendants C.P. and J.P., wife and husband) conceived a child with a coworker (plaintiff C.A.), but hid that fact from wife’s employer and initially, from husband. The marriage remained…

Justia Opinion Summary: Lloyd Copenbarger, as Trustee of the Hazel I. Maag Trust (the Maag Trust), sued Morris Cerullo World Evangelism, Inc. (MCWE) for declaratory relief and breach of a settlement agreement made to resolve various disputes,…

Justia Opinion Summary: Guerrero came from Mexico to the U.S. with his parents in 1990 at age 11. In 1995, he created a false Social Security number (SSN) to get a job. He secured a legitimate SSN in 2007. He became a U.S. citizen in 2011. He…

Justia Opinion Summary: Proposition L was enacted to prohibit the construction of additional billboards within the city limits of Pomona. Plaintiffs filed a petition for a writ of mandate and complaint for declaratory relief, alleging that the…

Justia Opinion Summary: The Association sought a writ of mandate directing the appellate division to vacate its order granting a petition for writ of mandate and directing the trial court to rule on the merits of a special motion to strike,…

Justia Opinion Summary: Plaintiff Edward Manavian held a career executive assignment (CEA) position as chief of the Criminal Intelligence Bureau (Bureau), part of the Department of Justice (DOJ). Assignment by appointment to such a position…

Justia Opinion Summary: Plaintiffs David and Hedda Schmidt appeal from a judgment entered in favor of defendants Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2007-AR3 Mortgage Pass Through Certificates Series…

Justia Opinion Summary: Defendant-appellant Esteban Vera was convicted of possessing one kilogram of a controlled substance that was discovered through a dog sniff during a traffic stop of his vehicle. An officer had stopped Vera due to a…

Justia Opinion Summary: Baldivia committed several criminal offenses when he was 17 years old. In a direct-filed adult criminal proceeding that had been initiated without a juvenile court fitness hearing, Baldivia pleaded no contest to four…

Justia Opinion Summary: Ramos, an experienced litigator and patent practitioner with a doctorate in biophysics, was hired as a Winston law firm “Income Partner.” After allegedly being denied recognition for her work, excluded from…

Justia Opinion Summary: Both parties appealed the trial court's order denying prevailing party attorney fees in an action where GNC admitted liability for the unauthorized use of plaintiff's likeness. The Court of Appeal held that the trial…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdictional findings and dispositional orders declaring Father's children dependents of the court and detaining them from his custody. The court held that the children…

Justia Opinion Summary: Defendant Arthur Parent, Jr. appealed the amended judgment entered in favor of plaintiff Amanda Quiles on her individual claim for wrongful employment termination in violation of the federal Fair Labor Standards Act of…

Justia Opinion Summary: On remand from the California Supreme Court, the Court of Appeal granted a writ of mandate challenging the trial court's denial of a petition for resentencing pursuant to Penal Code section 1170.18, a provision added by…

Justia Opinion Summary: Assembly Bill 96, which imposed tough new restrictions on the sale and importation of ivory and rhinoceros horn, was not unconstitutionally vague. Assembly Bill 96 took effect July 1, 2016 as Fish & Game Code section…

Justia Opinion Summary: Marty and Marie Martenay prevailed in an underlying personal injury and loss of consortium action against Elementis. After Marty died, plaintiffs became parties to the action and asserted wrongful death claims against…

Justia Opinion Summary: Defendant Michelle Franske and the State both appealed a resentencing proceeding pursuant to Proposition 47. The trial court granted defendant’s request to reduce her November 2010 conviction for felony second degree…

Justia Opinion Summary: Plaintiff AMN Healthcare, Inc. (AMN) appealed a judgment in favor of defendants Kylie Stein, Robin Wallace, Katherine Hernandez, Alexis Ogilvie and Aya Healthcare, Inc. (Aya) and an injunction preventing AMN from…

Justia Opinion Summary: Defendant-appellant Richard Garcia was convicted by jury of first degree residential burglary. Defendant admitted having one prior strike/prior serious felony conviction and one prison prior, and he was sentenced to 14…

Justia Opinion Summary: The Court of Appeal held, and the parties agreed, that two of defendant's prior prison term enhancements under Penal Code section 667.5(b) were imposed erroneously because the convictions on which they were based had…

Justia Opinion Summary: Plaintiff filed a representative action against her employer, Ralphs Grocery, under the Private Attorneys General Act of 2004 (PAGA). In 2009, plaintiff filed with the California Labor and Workforce Development Agency…

Justia Opinion Summary: Plaintiff Pamela Palmieri, an attorney hired by real party in interest California Department of Corrections and Rehabilitation (Department) in part to conduct disciplinary cases against prison guards, was herself…

Justia Opinion Summary: In this case, the parties disputed which of their recorded liens against a golf course property had priority. In 2013, defendant, cross-complainant, and respondent, Southern California Investors, Inc. (SCI), recorded a…

Justia Opinion Summary: In 2013, Grzymski pleaded guilty to possession of heroin for sale and admitted to two sentencing enhancements under Health and Safety Code section 11370.2 based on previous convictions for drug-related crimes. The court…

Justia Opinion Summary: BDE is a licensed C-10 electrical contractor. Labor Code section 108.2(a) requires individuals who perform work as electricians to be certified. Uncertified persons seeking the on-the-job experience necessary for…

Justia Opinion Summary: Henry, driving while on probation and with a suspended license, was pulled over after he failed to stop at a stop sign. He told the officer that he did not have his license with him, gave the officer the name of his…

Justia Opinion Summary: Defendant appealed his conviction of second degree murder and felony hit and run driving resulting in death or serious injury. The Court of Appeal reversed the conviction on the hit and run charge and held that defense…

Justia Opinion Summary: In October 2013, defendant Okouava Saelee was charged with manufacturing hash oil, being a felon in possession of a firearm, and possessing marijuana for sale. The complaint alleged he had suffered a prior serious felony…

Justia Opinion Summary: A Division of Safety and Health (DOSH) inspector inspected an Oakland site at which Ram served as the general contractor and cited Raam as a “controlling employer” for a safety violation, Lab. Code 6317. An ALJ and the…

Justia Opinion Summary: Walter owned and operated Control Master Products, a wire and cable business. After Walter’s death, Plaintiffs filed a petition to determine their status as beneficiaries under Walter's trust and to challenge Youngman’s…

Justia Opinion Summary: A criminal investigation is no longer pending—and Government Code section 3304, subdivision (d)(2)(A)'s tolling period ends—when a final determination is made not to prosecute all of the public safety officers implicated…

Justia Opinion Summary: Thee Sombrero, Inc. (Sombrero) owned commercial property. Pursuant to a conditional use permit (CUP), Sombrero’s lessees operated the property as a nightclub called El Sombrero. Crime Enforcement Services (CES) provided…

Justia Opinion Summary: Acosta, convicted for committing a lewd or lascivious act on a child under the age of 14 and for contacting a minor with the intent to commit a sexual offense, argued that the sentence imposed for contacting a minor with…

Justia Opinion Summary: Plaintiff MCI Communications Services, Inc. (MCI) appealed the dismissal of its action for a state tax refund after the trial court sustained California Department of Tax and Fee Administration's (CDTFA) demurrer to…

Justia Opinion Summary: The City of San Diego approved a development project at Balboa Park. Most of Balboa Park's Central Mesa was a National Historic Landmark District and the Cabrillo Bridge is a National Historical Landmark. The purpose of…

Justia Opinion Summary: Petitioner S.V. (mother) filed a petition for extraordinary writ pursuant to California Rules of Court, rule 8.452 (8.452), challenging the juvenile court’s denial of reunification services under Welfare and Institutions…

Justia Opinion Summary: The city approved an agreement with PG&E which authorized and imposed conditions on the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The staff report stated that the removal of…

Justia Opinion Summary: Y.M. had four children who were dependents of the juvenile court: two daughters, Maria Q. and J.M., and two sons, W.Q. and J.Q. The girls were placed together in the foster care home of the Z.'s in August 2013; the boys…

Justia Opinion Summary: The Court of Appeal reversed the trial court's dismissal of a criminal complaint against defendant for a misdemeanor DUI violation. The court held that the trial court failed to apply People v. Joehnk, (1995) 35…

Justia Opinion Summary: Plaintiff Jesus Garcia filed a wage and hour lawsuit against Border Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha Ortega. Some of Garcia's claims were based on Industrial Welfare…

Justia Opinion Summary: A Santa Clara County jury convicted Bedolla of attempted first-degree burglary and found true the special circumstance allegation that someone other than an accomplice was in the residence during the crime. Bedolla…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's disposition orders and held that the juvenile court erred in establishing jurisdiction based on a factual and legal theory not raised in the original petition. In this…

Justia Opinion Summary: Plaintiff Jose Sandoval was severely burned by an "arc flash" from a live circuit breaker while working with contractor TransPower Testing, Inc. and its principal Frank Sharghi, at a cogeneration plant owned by defendant…

Justia Opinion Summary: When a defendant is held to answer on charges brought in separate cases following separate preliminary hearings, the People do not need the court's permission to file a unitary information, covering the charges in both…

Justia Opinion Summary: In 2016, the California Legislature created two new statutes to address a financial crisis plaguing the workers’ compensation system, however, the remedy came at a significant cost to all participating medical providers…

Justia Opinion Summary: The presumption of parentage is rebuttable and a non-biological parent can be a presumed parent. After Brian Pickett died, his partner, two biological children, and his partner's child, A.G., filed a wrongful death…

Justia Opinion Summary: A jury found defendant Eric Jones guilty of multiple counts of second degree burglary of a vehicle and additional offenses arising from a series of car break-ins throughout San Francisco that occurred over a 17-month…

Justia Opinion Summary: After plaintiff-appellant Joshua Pagnini failed to respond to a demurrer filed by defendants-respondents Union Bank, N.A. and Unionbancal Mortgage Corporation, the trial court sustained the demurrer and entered judgment…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment rejecting the City's attempt to oust defendant from his seat on the City Council in this quo warranto action. The City argued that defendant's prior guilty plea for…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of battery by gassing in violation of Penal Code section 243.9(a). The purpose of the battery by gassing statute is to deter individuals in custody from spitting on, or…

Justia Opinion Summary: This case involved a challenge to a Water Code section 13269 waiver of waste discharge requirements for irrigated agricultural land. Discharge requirements could be waived “if the state board or a regional board…

Justia Opinion Summary: The California Coastal Act of 1976 requires local governments like defendant City of Solana Beach (the City) to develop a local coastal program (LCP). The City submitted an amended LUP (ALUP) to the Commission. The…

Justia Opinion Summary: In this writ proceeding, the State sought relief from a discovery order requiring them to produce certain materials related to DNA testing in a criminal action. Petitioner Florencio Dominguez was accused of conspiracy to…

Justia Opinion Summary: Acting under Probate Code section 16440(b), the trial court denied a petition brought by Orange Catholic Foundation and Kevin Vann, the Roman Catholic Bishop of Orange (collectively, the Church) to remove Rosie Mary…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of summary judgment for Farmers in an action filed by the sons of the insured after Farmers denied them benefits under the insured's policy. The court held that the…

Justia Opinion Summary: After remand from the Supreme Court, the Court of Appeal reaffirmed defendants' convictions and order modifications. The court directed the trial court on remand to hold a hearing on ability to pay. The court also…

Justia Opinion Summary: A jury found defendant Andrey Yushchuk guilty of second degree "Watson" murder, misdemeanor drunk driving (DUI) and misdemeanor aggravated DUI (over 0.08 percent blood-alcohol content); it acquitted him of felony…

Justia Opinion Summary: This appeal arises from the juvenile court's selection of a tribal customary adoption as the permanent plan for minors A.S. and E.S. and the corresponding award of full faith and credit to the tribal customary adoption…

Justia Opinion Summary: Defendant challenged his conviction for mayhem, contending that the trial court engaged in improper judicial factfinding to determine that his prior conviction of assault from 1991 under Penal Code section 245,…

Justia Opinion Summary: R.B. (father) and D.R. (mother) were citizens of India who were married in India. They came to California, where they had their only child, a daughter, born in October 2013. In December 2016, the father allegedly slapped…

Justia Opinion Summary: When a lease of federal lands includes an option to extend its term and the tax assessor reasonably concludes that the option will likely be exercised, the value of the leasehold interest is properly based on the…

Justia Opinion Summary: Mother and Father appealed the juvenile court's order terminating their parental rights to their children. The Court of Appeal held that the juvenile court had jurisdiction under the Uniform Child Custody Jurisdiction…

Justia Opinion Summary: Defendant Edgar Gutierrez was convicted of attempted carjacking. Defendant claimed that he merely asked the victim if he had keys and could give him a ride. He denied threatening the victim; he claimed that he spoke…

Justia Opinion Summary: This case was Marc Endsley’s second appeal challenging the denial of his Penal Code section 1026.2 petition for conditional release from the state hospital. Endsley was committed to the state hospital in 1997 after a…

Justia Opinion Summary: The Court of Appeal reversed the superior court's grant of a petition for writ of administrative mandamus by a former USC student and order to vacate USC's decision to discipline him for violating the university's…

Justia Opinion Summary: John Doe appealed the superior court's decision denying his petition for writ of administrative mandate to compel UCSB to rescind his suspension after he was found guilty of sexual misconduct in violation of the Student…

Justia Opinion Summary: Plaintiff filed suit against Musclewood, alleging that defendants violated his rights under the Disabled Persons Act (DPA), by allowing their guard dog to interfere with and attack plaintiff's guide dog. Plaintiff, who…

Justia Opinion Summary: The appeal presented to the Court of Appeal here was one in a certified wage and hour class action following a judgment after a bench trial in favor of defendants Certified Tire and Services Centers, Inc. (Certified…

Justia Opinion Summary: Defendant was convicted of theft from an elder or dependent adult in 2010 (the criminal action). After the victim died before the end of the criminal action, plaintiff, the conservator and the co-administrator, filed two…

Justia Opinion Summary: Tri Palms Unified Owners Association (the Association) was a group of homeowners in the Tri-Palms Estates. There was a recreation facility adjacent to the Tri-Palms Estates, and homeowners paid a fee for that recreation…

Justia Opinion Summary: Plaintiff Samantha Martinez sued defendant Eatlite One, Inc., for employment discrimination among other things. A jury found in favor of plaintiff on all of her claims and awarded $11,490 in damages. After the court…

Justia Opinion Summary: In 2011, Pipkin was sentenced to state prison for two years after his probation was revoked with respect to a 2009 felony grand theft conviction. As a condition of parole with respect to this qualifying offense, Pipkin…

Justia Opinion Summary: Concord police officer Wilson was dispatched to a parking lot where a truck was seen “doing a burn-out.” Wilson found the parked truck with Gutierrez asleep in the driver’s seat. Gutierrez produced a Mexican consular…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment reducing a law firm's fee to 10 percent in an action where the law firm represented the family of a pilot who died in a plane crash. The court held that the trial…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of Westsiders' petition for writ of mandate seeking to invalidate an amendment to the Los Angeles General Plan, which changed the land use designation of a five-acre…

Justia Opinion Summary: In the event a local agency believes it is entitled to subvention for a new unfunded state mandate, the agency may file a “test claim” with the Commission on State Mandates (Commission). Here, the Commission denied…

Justia Opinion Summary: A jury found defendant Ezekiel Delgado guilty of two counts of first degree murder and one count of discharging a firearm at an occupied vehicle, found true a multiple-murder special circumstance and found that Delgado…

Justia Opinion Summary: Plaintiff-respondent San Diego Unified Port District (District) unsuccessfully asked defendant-appellant California Coastal Commission (Commission) to certify an amendment of District's port master plan to authorize…

Justia Opinion Summary: A trial court must make explicit findings on the issues listed in Family Code subdivision (a)(2) of section 2030 regarding attorney's fees and costs. Wife appealed the trial court's judgment in a marriage dissolution…

Justia Opinion Summary: The U.S. Constitution prohibits states from taxing income earned outside their borders but permits taxation of an apportionable share of the multistate business carried on in the taxing state and grants states some…

Justia Opinion Summary: Linville was charged with two counts of murder. The first victim, transient Amber Chappell, was killed after midnight on a remote road in Cordelia after Linville and her boyfriend picked her up for a ride. The second…

Justia Opinion Summary: Plaintiffs, home mortgage consultants, alleged they were misclassified as exempt employees by Wells Fargo. ILG, a law firm, represented approximately 600 Wells Fargo consultants alleging the same claim as the Lofton…

Justia Opinion Summary: The Guild served on the City requests for public records relating to a 2014 demonstration held to protest incidents of police violence toward private citizens, at which the Hayward Police Department provided security.…

Justia Opinion Summary: Levandowski and Ron started working at Google in 2007. Both resigned from Google in 2016. After leaving, they formed Otto, a self-driving technology company which Google considered a competitor of its own self-driving…

Justia Opinion Summary: Defendant appealed his life sentence for the attempted murder of his wife, contending that the trial court erred when it imposed to a single count three consecutive one-year enhancements for the use of deadly weapons.…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying class certification in this putative class action alleging wage and hour violations against defendants. The court held that substantial evidence supported the…

Justia Opinion Summary: Paolo Pedrazzani was the owner, president, secretary, and director of Pama, Inc. which did business as Via Italia Trattoria (Via Italia), a restaurant in Encinitas. During the time period for which the trial court…

Justia Opinion Summary: The County of San Diego (the County) challenged a peremptory writ of mandate and injunction, along with a judgment directing it to set aside and vacate the "2016 Climate Change Analysis Guidance Recommended Content and…

Justia Opinion Summary: Defendant-respondent YMCA of San Diego County had a number of automatic external defibrillators (AEDs) on its premises, for the emergency use of its members, employees and users of the premises. Plaintiffs-appellants…

Justia Opinion Summary: Defendant-appellant Edgar Espinoza was charged with one count of possession of methamphetamine for sale; defendant pled guilty to the charge. The court suspended imposition of defendant’s sentence and placed him on three…

Justia Opinion Summary: Defendant Eric Frahs tried to steal a can of beer and an energy drink from a small store. As he was leaving, Frahs got into a physical confrontation with the store owner and his son. At a jury trial on two robbery…

Justia Opinion Summary: In 2004, Cesar Loza handed a gun to a fellow gang member, who shot and killed a rival. A jury convicted Loza of first degree premeditated murder after being instructed on two derivative liability theories: direct aider…

Justia Opinion Summary: The Obata sisters, died intestate in 2013, having never married and with no descendants. Letters of administration of the estates were issued in the Alameda County Superior Court. A dispute arose regarding the line of…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of second degree murder, holding that the trial court erroneously responded to a jury question during deliberations. The court held that the trial court's error allowed…

Justia Opinion Summary: In August 2000, Pablo Gonzalez pled guilty to possession for sale of marijuana. The trial court sentenced Gonzalez to 74 days in custody After serving his 74 days in custody, Gonzalez was deported in October 2000.…

Justia Opinion Summary: Plaintiffs-appellants The Inland Oversight Committee (IOC), CREED-21, and Highland Hills Homeowners Association (HOA) filed the underlying lawsuit in 2015, contending that proposed changes to a Highland Hills development…

Justia Opinion Summary: The Association represents San Francisco Police Department (SFPD) officers. The Commission prescribes and enforces SFPD regulations. The agreement between the two gives the Association the right to notice and an…

Justia Opinion Summary: The city’s General Plan policy LU-7 encourages new neighborhood commercial facilities and supermarkets to be located to maximize accessibility to all residential areas. Wal-Mart proposed to expand its store to add 36,000…

Justia Opinion Summary: A juvenile wardship petition alleged 17-year-old Minor committed misdemeanor battery against Miguel. Minor had been found to have committed four previous offenses, including felony grand theft and misdemeanor possession…

Justia Opinion Summary: Plaintiff Teresa Martine hurt her knee while skiing at Heavenly Valley Ski Resort and was being helped down the mountain by a ski patrolman when the rescue sled in which she was riding went out of control and hit a tree.…

Justia Opinion Summary: Wife appealed the trial court's judgment entered in a marriage dissolution proceeding. In the published portion of the opinion, the Court of Appeals held that wife has established the child support award in the June 2016…

Justia Opinion Summary: Huber runs a sole proprietorship out of her home, selling cigarettes at retail and wholesale. After 2007 she sold exclusively Native American brands: “cigarettes manufactured by Indians on Indian lands, . . . shipped and…

Justia Opinion Summary: After attempting to persuade the Tribe to pay him for services provided under construction and rental agreements, Findleton requested that the Tribe mediate and arbitrate pursuant to clauses in the agreements. The Tribe…

Justia Opinion Summary: Plaintiff Sarah Sumner was the dean of A.W. Tozer Theological Seminary (Tozer Seminary), part of defendant Simpson University in Redding, California. Although Sumner had a written employment agreement, her employment was…

Justia Opinion Summary: At issue in this case is whether a court should alter contractual obligations in a corporate reorganization, when the corporation utilized the type of reorganization it used in order to avoid altering its contractual…

Justia Opinion Summary: In August 2013, the trial court entered a judgment against respondents Janet and Richard Buhler following a traffic accident in which appellant Mark Jones was seriously injured. By stipulation, the judgment awarded Mark…

Justia Opinion Summary: The Court of Appeal granted the Department of Corrections and Rehabilitation’s (Department) petition for review (Petition) of a Workers’ Compensation Appeals Board (Board) opinion, which raised an issue of statutory…

Justia Opinion Summary: San Francisco Officers Vannucchi and Vidulich saw an SUV in front of their marked patrol car speed up and then “abruptly” stop in a red zone. A check showed the SUV’s registration was expired. Vidulich activated his…

Justia Opinion Summary: Plaintiffs Amy Arlene Turner and Joseph Zeleny sought damages from defendant Seterus, Inc. (Seterus) in their wrongful foreclosure lawsuit on the theory that Seterus had “frustrated [their] lawful attempt, pursuant to…

Justia Opinion Summary: Defendant-appellant, C.T. (Mother), appealed the dependency court’s dispositional judgment granting Mother reunification services in her absence, under Welfare and Institutions Code section 361.5. Mother claimed that her…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a petition for writ of administrative mandate. The court held that substantial evidence supported the Board's decision to impose disciplinary restrictions on…

Justia Opinion Summary: The Court of Appeal held that the evidence credited by the trial court was sufficient to support a Qawi order, which authorizes the California Department of State Hospitals-Atascadero (Hospital or ASH) to involuntarily…

Justia Opinion Summary: Gavin Laird appealed the denial of his motion for expungement of his DNA sample from the state's data bank following a reduction in his conviction to an infraction "for all purposes" under Proposition 64. His appeal…

Justia Opinion Summary: Defendant-appellant, S.A. (Mother), appealed the termination of her parental rights to N.G., a boy born in 2005. She argued the juvenile court erroneously failed to ensure that plaintiff-respondent, Riverside County…

Justia Opinion Summary: Plaintiff Jessica Ayon appealed an adverse summary judgment in a personal injury case. Late one evening in May 2013, Brittini Zuppardo was driving home from her boyfriend’s house while talking on the phone with Michelle…

Justia Opinion Summary: Farima Kushesh-Kaviani (Wife) and Wishtasb Kushesh (Husband) were married in January 2010. The marriage did not last. Their only child was born in April 2011, and the couple separated within two weeks of his birth.…

Justia Opinion Summary: After a jury returned verdict forms finding defendant guilty of driving under the influence of alcohol (count 1) and driving with a blood alcohol content of 0.08 percent or more (count 2), the trial court polled the jury…

Justia Opinion Summary: Father appealed from domestic violence restraining orders that were granted under the Domestic Violence Prevention Act (DVPA). The Court of Appeal held that the trial court erred by not making the factual findings…

Justia Opinion Summary: Plaintiff-appellant Moss Bros. Toy, Inc. (MBT) appealed an order granting defendant-respondent Ernesto Ruiz’s anti-SLAPP motion, or special motion to strike MBT’s entire first amended complaint (FAC) against Ruiz. The…

Justia Opinion Summary: Dave Jones, in his capacity as Insurance Commissioner of the State of California (the Commissioner), appealed an order enjoining him from enforcing three regulations, adopted in 1992, to implement the unfair claims…

Justia Opinion Summary: After plaintiff's foreclosure action was dismissed, the trial court ordered plaintiff to pay attorney fees to defendants, finding certain provisions in the deed of trust she signed authorized the fee award. In the…

Justia Opinion Summary: J.C. was driving to his mother L.B.'s house when when he spotted, in front of a home’s garage, items that were taken from his property about a week ago. As J.C. pulled in to talk to the home’s owner, defendant Cynthia…

Justia Opinion Summary: In a wrongful foreclosure action, the Court of Appeal reversed the award of attorney's fees to Nationstar Mortgage that was based on a clause in the deed of trust. The court held that the clause at issue was not an…

Justia Opinion Summary: Appellant, the noncustodial biological father of the minor K.L., appealed the juvenile court’s dispositional judgment, removing the minor from his mother and placing him with his presumed father, L.V. In August 2014, the…

Justia Opinion Summary: Francis Bottini, Jr., Nina Bottini, and the Bernate Ticino Trust (the Bottinis) applied to the City of San Diego for a coastal development permit (CDP) to construct a single-family home on a vacant lot in La Jolla. City…

Justia Opinion Summary: Guadalupe Ontiveros, as minority shareholder in Omega Electric, Inc. (Omega), sued majority shareholder Kent Constable, his wife Karen, and Omega, asserting direct and derivative claims arising from a dispute over…

Justia Opinion Summary: Plaintiff Harley-Davidson, Inc. and its subsidiaries (Harley-Davidson) formed a multistate enterprise with numerous functionally integrated subsidiary corporations. It contended that defendant California Franchise Tax…

Justia Opinion Summary: In 2014, Appellant pled guilty to felony aggravated assault with a deadly weapon, possession of a controlled substance, and possession of a billy club. He also admitted the allegations in the motion to revoke probation…

Justia Opinion Summary: Following a hung jury and mistrial, a second jury convicted Jorge Arebalos-Cabrera of transporting over 10 kilograms of heroin, transporting over four kilograms of methamphetamine, and using a false compartment. The…

Justia Opinion Summary: Petitioner Karen Sims, a former attorney diagnosed with serious mental illness, was convicted of murdering her husband Henry Sims in 2006 and sentenced to prison for a term of 50 years to life. After her conviction and…

Justia Opinion Summary: In 1988, when he was 17 years old, Palmer pled guilty to kidnapping for robbery. Sentenced to life with the possibility of parole, Palmer has appeared before the Board of Parole Hearings 10 times, without success. In…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment against plaintiff in an action alleging claims under state law and the United States Constitution. The Long Beach Transit Company Board of Directors allows a public…

Justia Opinion Summary: The subject of four 2014 juvenile petitions, G.C., claimed that the juvenile court erroneously failed to expressly declare her three 2014 Vehicle Code section 10851 violations for driving or taking a vehicle to be either…

Justia Opinion Summary: In 2017, the Public Guardian sought to establish a conservatorship of the person for Minor, age 16, who was admitted to John Muir Behavioral Health Center. Minor had been placed in the care of Alameda County’s Child…

Justia Opinion Summary: At issue in this case was under what circumstances a 17-year delay in bringing to trial a Sexually Violent Predator Act (SVPA) petition violates an individual's Fourteenth Amendment due process right to a timely trial.…

Justia Opinion Summary: This appeal challenged the trial court’s denial of a special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,, directed at a cross-complaint asserting causes of action arising…

Justia Opinion Summary: Defendant Sidney Hubbard received a third strike sentence in 1996, based on the commission of attempted robbery, and reckless evasion of a police pursuit, with enhancements for five prior strikes, and two prior prison…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's dismissal of a petition under Probate Code section 17200 to set aside certain amendments and declare effective the 16th amendment to the Maynord 1986 Family Trust. The court…

Justia Opinion Summary: Landowners challenged a 1978 building moratorium based on the resurgence of an ancient landslide, seeking to build a residence in an area of Rancho Palos Verdes. The Court of Appeal affirmed the trial court's judgment…

Justia Opinion Summary: Certain provisions of Department of Corrections and Rehabilitation (CDCR) regulations, adopted to implement Proposition 57, are inconsistent with Cal. Const., art. I, 32, subd. (a)(1) and thus invalid. The Court of…

Justia Opinion Summary: Sally H. (Mother) appealed a judgment terminating her parental rights to her child, E.H. Mother's sole claim on appeal was that the juvenile court erred in terminating her parental rights because the court failed to…

Justia Opinion Summary: Real parties in interest Carlton and Raye Lofgren, as Trustees of the Lofgren Family Trust and the Lofgren 1998 Trust (the Lofgrens), sought a residential development permit to build six single-family homes on a parcel…

Justia Opinion Summary: Bayer AG, maker and marketer of One A Day brand vitamins, was sued in California Superior Court for alleged violations of California’s Consumer Legal Remedies Act, Unfair Competition Law and express warranty law.…

Justia Opinion Summary: Villanueva and the class (Plaintiffs) alleged that Fidelity, an underwritten title company that handled Plaintiffs’ escrow accounts, engaged in unlawful conduct under the Unfair Competition Law (UCL) (Bus. & Prof. Code,…

Justia Opinion Summary: D.Y. appealed the juvenile court's termination of dependency jurisdiction. The Court of Appeal relied on its independent review and rejected D.Y.'s contention that Welfare and Institutions Code section 366.3(a) and In re…

Justia Opinion Summary: Statements in prior cases that the 10-day grace period in Penal Code section 1382 does not begin to run until the defendant "announces" ready for trial was dictum; what is required is that the record reflect the…

Justia Opinion Summary: Defendant Richard Carter claimed cruel and unusual punishment in his sentence of 55 years to life in prison for a second-degree murder he committed at age 17, with personal use and discharge of a firearm causing death,…

Justia Opinion Summary: Petitioner Stephen Bennett is currently serving an indeterminate sentence of life without the possibility of parole following his conviction for first degree special circumstance murder while aiding and abetting a…

Justia Opinion Summary: In 1996, Osotonu and others were charged in Solano County with three counts of second-degree burglary, six counts of possession of a destructive device near certain places, five counts of sale or transportation of a…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order disqualifying an attorney for a conflict of interest when the attorney represented more than one client, all of whom seek damages from a pool of money controlled by…

Justia Opinion Summary: Raquel and Defendant had two children together, and Raquel had three other children, including L., age 13. When Defendant left the household in 2015, Raquel gathered his belongings and found a children’s tablet computer…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendant's motion to withdraw his plea and to vacate his convictions on the ground that he was not informed of the actual adverse immigration consequences of…

Justia Opinion Summary: Defendant was charged with unlawful driving or taking of an automobile. When Defendant failed to appear, the court issued a bench warrant, setting bail at $50,000. Defendant was arrested. Accredited posted bail.…

Justia Opinion Summary: Plaintiff filed suit alleging that she acquired property through a series of transactions that were fraudulent. On appeal, plaintiff challenged the trial court's order denying a motion to vacate an earlier judgment under…

Justia Opinion Summary: Nineteen-year-old M.W. was a nonminor dependent of the court until it terminated dependency jurisdiction over him in August 2017. One of the acceptable living arrangements for nonminor dependents was a “‘[s]upervised…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order granting a petition to recall defendant's felony sentence and to resentence her for misdemeanor shoplifting. The court held that the trial court erroneously determined…

Justia Opinion Summary: The subject of the public trust at issue in this case was the Scott River in Siskiyou County, California, a tributary of the Klamath River and a navigable waterway for the purposes of the public trust doctrine. The Court…

Justia Opinion Summary: Appellants Brian O'Connor and Astrid O'Connor Bassett appealed from orders: (1) declaring decedent John O'Connor's power of appointment exercised in his will complied with the requirements of Probate Code1 section 632;…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of battery by an inmate on a non-inmate, attempted battery by an inmate on a non-inmate, attempted interference with an officer's performance of duty, and two counts of…

Justia Opinion Summary: Coyne's San Francisco property includes a building with three apartments and a free-standing, three-bedroom cottage. De Leo, age 81, had resided in the cottage since 1989. In 2012, Coyne decided to move into the…

Justia Opinion Summary: Plaintiffs filed suit against Joe's Crab Shack and Landry's Restaurants on behalf of a putative class of salaried employees of Joe's Crab Shack restaurants in California who were allegedly misclassified as exempt…

Justia Opinion Summary: Defendants challenged an order of the superior court partially denying their motion to strike under the anti-SLAPP statute in a putative class action brought by plaintiffs against defendants and others for marketing a…

Justia Opinion Summary: Defendant Sean Reardon was convicted for resisting an executive officer. He appealed, arguing the officer’s use of excessive force negated an essential element of that offense. In a related claim, defendant argued the…

Justia Opinion Summary: On the afternoon of August 8, 2017, 43-year-old Veronica Aguayo was working on her bicycle in her parents' yard. Her 72-year-old father (Father) turned on the sprinklers to water the plants, accidentally wetting Aguayo's…

Justia Opinion Summary: Plaintiff Branches Neighborhood Corporation, a community association incorporated pursuant to the Davis-Stirling Common Interest Development Act, filed an arbitration claim against the association’s developer, defendant…

Justia Opinion Summary: After a challenge to its 2004 general plan, San Francisco, acting under court order, prepared an environmental impact report (EIR) pursuant to the California Environmental Quality Act (Pub. Resources Code 21000) and…

Justia Opinion Summary: Appellants, adult children of Decedent, who died in 2010 of mesothelioma allegedly caused by exposure to asbestos in brakes he purchased from Pep Boys, an automotive parts retailer, brought claims for wrongful death,…

Justia Opinion Summary: Sander and the First Amendment Coalition sought a writ of mandate to obtain information from the State Bar of California’s bar admissions database--individually unidentifiable records for all applicants to the California…

Justia Opinion Summary: The Court of Appeal reversed the trial court's ruling that the city violated the California Environmental Quality Act (CEQA) because the city treated the creation of a new subzone as follow-on to its prior, initial…

Justia Opinion Summary: Defendant Danny Corder was convicted by jury of four counts of assault on a peace officer with a deadly weapon or by means likely to produce great bodily injury, one count of felony evading a peace officer while driving…

Justia Opinion Summary: In 2015, the City of Moreno Valley (the City) adopted an initiative to approve a development agreement in connection with the World Logistics Center (WLC) project. The WLC developers were known collectively as Highland…

Justia Opinion Summary: Plaintiff Alfredo Fuentes entered into a written agreement with defendant TMCSF, Inc., doing business as Riverside Harley-Davidson (Riverside), to buy a motorcycle. At the same time, he entered into a written agreement…

Justia Opinion Summary: Defendant, age 26, followed K.C. around a store and blocked her only exit route, crouched down, and used his cell phone to take pictures under her skirt. K.C. followed defendant into the parking lot, noted his license…

Justia Opinion Summary: Married in 1996, the parties had four children between 1997 and 2008. Patricia, previously a nurse, stayed home to raise their children. The couple separated in 2010. In 2012, John became Chief Technology Officer for the…

Justia Opinion Summary: After trial, the probate court approved, subject to a $93,036.75 surcharge, the first and final account and report of trustee (First Report), filed by Melodie Scott, trustee of The A’Yana McDonald Special Needs Trust…

Justia Opinion Summary: Petitioner-appellant Christine Davidson was the court-appointed conservator of the person and estate of Lorraine Presha from 2009 to 2015. Presha died in March 2015. In June 2015, Davidson filed a combined petition for:…

Justia Opinion Summary: Following an investigation into violations of the Secondhand Dealers Law (SDL), the State of California, by and through the District Attorneys of Riverside and Shasta Counties, filed an action pursuant to Business and…

Justia Opinion Summary: Ho rear-ended a vehicle, got into another car, and, an hour later, struck people standing beside the road, killing one and severely injuring another. Ho was convicted of vehicular manslaughter with gross negligence and…

Justia Opinion Summary: Busick, who worked as a Massachusetts Instacart shopper and driver, filed a class action arbitration demand on behalf of herself and similarly situated Massachusetts shoppers and drivers, claiming that Instacart violated…

Justia Opinion Summary: Cortese is the daughter of Francesca, and the stepdaughter of Robert. Attorney Sherwood handled their legal matters under Robert’s direction. Cortese alleges Robert promised her that, upon his death, “he would treat her…

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction for second degree murder and child abuse, holding that her waiver of her right to a jury trial was not knowing, intelligent, and voluntary. The court held that the…

Justia Opinion Summary: The Labor Commissioner issued an award of $81,565.34 in favor of Burkes, an employee of Robertson’s business, for unpaid overtime wages, penalties, and interest. Robertson filed a timely pro se notice of appeal in the…

Justia Opinion Summary: Jackson stole chairs from a home-staging business. The police soon found him with the chairs in a stolen vehicle. A jury convicted him of felony counts of unlawfully taking or driving a vehicle and second-degree robbery.…

Justia Opinion Summary: Defendant was charged with cultivation of marijuana and sentenced to probation in accordance with a plea agreement. Subsequently, the electorate passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana…

Justia Opinion Summary: T.B. and L.B. appealed findings and orders adjudicating their younger son a dependent of the juvenile court under Welfare and Institutions Code section 300(j), and removing him from their custody under section 361(c)(1).…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for petty theft with a prior. The court held that the prosecutor was not prohibited from charging defendant both with shoplifting and petty theft with a prior.…

Justia Opinion Summary: In November 1992, San Diego voters approved an amendment to the city charter that established a term limit for members of the San Diego City Council. Bryan Pease was a city council candidate who did not qualify for the…

Justia Opinion Summary: The attorneys for plaintiff Lisa Levingston, O.D., failed to file an opposition to a motion for summary judgment. They had been substituted into the case after Levingston’s former attorneys were disqualified and the…

Justia Opinion Summary: The successor trustee to the 1713 Stearns LaVerne Family Trust (Stearns), filed suit against numerous defendants for claims arising from an allegedly void assignment of the deed of trust (DOT) on real property located at…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment to defendants in this negligence action brought by plaintiff alleging that her yoga instructor, while adjusting her posture in class, injured her.…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's order terminating mother's parental rights to J.W. and freeing J.W. for adoption. The court held that the trial court reasonably concluded that J.W. was likely to be…

Justia Opinion Summary: Defendant was the Minor’s stepfather. Minor was 10-11 years old when he began sexually abusing her. Minor said defendant abused her approximately twice a week. Defendant spoke with police detectives after being read his…

Justia Opinion Summary: Winslett sued her former landlord after he failed to make repairs to her apartment and filed an unlawful detainer action against her. Landlord responded with an anti-SLAPP (Strategic Lawsuit Against Public Participation,…

Justia Opinion Summary: Branden Hall appealed an order denying his motion for attorney fees he incurred in litigation culminating in Hall v. Superior Court, 3 Cal.App.5th 792 (2016). The superior court determined that Hall was not a successful…

Justia Opinion Summary: Kenneth M. (Matazo) and Kazu Tagami were grantors of the Trust. Matazo and Kazu had three children: Kenneth K., Barbara, and Charles. A family dispute arose when the settlors suspected the prior trustee, who was…

Justia Opinion Summary: Petitioner William Avignone, at the time of this appeal, was in custody awaiting trial on charges of multiple counts of grand theft of personal property and fraud in connection with the offer, purchase, or sale of…

Justia Opinion Summary: The Center sought a writ of mandate directing the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources to order the immediate closure of oil and gas wells injecting fluids into certain…

Justia Opinion Summary: Petitioner Peyman Heidary (Heidary) allegedly owned and oversaw a network of medical clinics to generate fraudulent billings to workers’ compensation and insurance carriers. A non-attorney, he also allegedly controlled…

Justia Opinion Summary: Labor Code section 226.2, effective January 1, 2016, addresses the compensation of piece-rate employees for rest and recovery periods and other nonproductive time on the job (rest/NP time). Subdivision (b) provides a…

Justia Opinion Summary: After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half Marathon, Hass suffered a cardiac arrest and died. Hass’s wife and his minor children filed a wrongful death action, alleging that…

Justia Opinion Summary: AC operates transit buses in and around Alameda County. Bus routes range from 15 minutes to over an hour, with a small recovery time scheduled at the end of each route, which may not be available depending on whether the…

Justia Opinion Summary: Rudolfo Nuno hit a person with his car, causing serious injuries. He drove a few blocks away and called 911 to report the incident. He was later charged with assault with a deadly weapon, battery with serious bodily…

Justia Opinion Summary: Richard Fournier and Wendy Crossland (collectively, the Fourniers) filed an action (the Fournier case) against Monster Energy Company (Monster) and a related defendant. The Fourniers were represented by the R. Rex Parris…

Justia Opinion Summary: Employees of WinCo Foods, LLC and/or WinCo Holdings, Inc. (collectively WinCo) were undisputedly subject to a collective bargaining agreement which purported to provide that an employee who worked a shift of less than…

Justia Opinion Summary: Williams was lying on the sidewalk while his friends smoked and otherwise violated Santa Cruz Municipal Ordinances. Williams interfered and physically resisted officers when they attempted to issue citations. The…

Justia Opinion Summary: Defendant appealed his sentence after he pleaded guilty to several drug-related charges. On remand, in light of new Senate Bill No. 180, which amended the sentencing enhancements included in Health and Safety Code…

Justia Opinion Summary: Appellants Inet Airport Systems, Inc., Inet Airport Systems, LLC, Michael Colaco, and April Barry appealed a judgment entered against them in this action arising from Inet’s sale of its assets to respondents Cavotec SA…

Justia Opinion Summary: Fremont approved a development project in its Niles historical district, which is characterized by unusual trees and historic buildings. The historic overlay district was intended to preserve its “small town character.”…

Justia Opinion Summary: Defendants contracted to purchase a Lafayette home, waived contingencies, discovered undisclosed matters, terminated the contract, and sought to recover their $116,220 deposit, hiring the MMB law firm. Their claims went…

Justia Opinion Summary: Mendocino County Ballot Measure AI, which imposed a tax on commercial cannabis businesses, was approved by a simple majority of county voters. The trial court dismissed a challenge and denied plaintiffs’ motion for a…

Justia Opinion Summary: This appeal stemmed from a negligence and product liability action against defendants, in which plaintiff alleged that she developed mesothelioma as a result of exposure to asbestos contained in talcum powder products.…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of a petition for a writ of administrative mandate. In this case, plaintiff sought to set aside his one-year suspension and other discipline imposed by CMC after a…

Justia Opinion Summary: Pedro Rodriguez met Rebecca on an online dating application when he was 41 and she was 16 years old. Rodriguez arranged an in-person meeting with Rebecca a few weeks later and, on numerous occasions over the next several…

Justia Opinion Summary: Harvey Cohoon was diagnosed with a treatable form of cancer and was residing at Victoria Healthcare Center while he underwent treatment and recovered from various injuries he had suffered. For 19 days, Cohoon did well at…

Justia Opinion Summary: As a high school student in North Dakota, Dagny Knutson was an internationally ranked swimmer. She committed to Auburn University because one of its coaches, Paul Yetter. In March 2010, Mark Schubert, USA Swimming’s head…

Justia Opinion Summary: Defendant was convicted of evading a pursuing peace officer and being a felon in possession of ammunition. In the underlying action, the trial court denied defendant's motion to be resentenced under the Three Strikes…

Justia Opinion Summary: Arthur Blech died and left an estate worth over $65 million. At issue on appeal was how to account for the sale of the 3,050-acre Blech Ranch, located in San Luis Obispo County, California. In the published portion of…

Justia Opinion Summary: After a San Leandro party, seven people got into an SUV. A car blocked them. Within a minute, gunshots were fired into the SUV. Six victims were shot; three died. Witnesses identified Stevenson, Stewart, and Perry as…

Justia Opinion Summary: Lacagnina worked for Comprehend as vice president of business development, 2012-2013, when he was “abruptly” terminated. Lacgnina claims that he was fraudulently induced to enter into an employment agreement with…

Justia Opinion Summary: Plaintiff Mary Anselmo attended Pierce College, a public community college within the Los Angeles Community College District. In 2016, Anselmo traveled to Grossmont College as a member of the Pierce College Women's…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying a petition to vacate an arbitration award and granting a petition to confirm it. In this case, the arbitrator did not comply with several applicable disclosure…

Justia Opinion Summary: Plaintiff Mary Jones appealed the grant of summary judgment in favor of defendant Danita Sorenson. Sorenson hired a gardener to work on her property and the gardener hired Jones to help her. Jones was injured when she…

Justia Opinion Summary: When an employee resigns without notice, California law requires the employer to pay all wages within 72 hours (Lab. Code 202(a)1). If the employer willfully fails to do so, the employee’s wages continue as a penalty…

Justia Opinion Summary: Staats nearly died after being attacked by a swarm of yellow jackets while playing golf on a Yountville course operated by Vintner’s Golf Club. She sued the Club for general negligence and premises liability. The trial…

Justia Opinion Summary: Retired employees of the University of California Lawrence Livermore National Laboratory claim that during their employment the University promised to provide them with University-sponsored group health insurance in…

Justia Opinion Summary: A jury convicted James Webb of first degree murder, and found true the special allegation of using a knife in the commission of the offense. On appeal, Webb argued the trial court had a sua sponte duty to instruct the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment sustaining respondents' demurrer in an action seeking a writ of mandate to declare the Hetch Hetchy Reservoir and O'Shaughnessy Dam unreasonable methods of…

Justia Opinion Summary: A jury found Bilbrey guilty of attempted murder, aggravated mayhem, assault with a deadly weapon, and battery with serious bodily injury and found true knife-use and great-bodily-injury enhancements. The trial court…

Justia Opinion Summary: The California Legislature reduced Medicaid hospital payments 10 percent between 2008-2011; the federal agency administering the Medicaid program approved the rate reductions. Hospitals alleged the reductions violated…

Justia Opinion Summary: Plaintiff filed suit against electronic retailer Newegg.com, alleging claims of false advertising under the (UCL), false advertising law (FAL), and Consumers Legal Remedies Act (CLRA). Plaintiff contended that…

Justia Opinion Summary: The Court of Appeal reversed a child custody order awarding child custody jointly to mother and father. The court explained that Family Code section 3044 requires family courts to make specific findings, in writing or on…

Justia Opinion Summary: The Court of Appeal reversed an order denying defendant's motion for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. The court held that defendant's conduct in committing an identity theft…

Justia Opinion Summary: Renee Estill submitted a government claim against the County of Shasta and others, specifically representing that she first became aware of an alleged incident on September 9, 2011. The County accepted Estill’s…

Justia Opinion Summary: An invited guest, knowing his friend is asleep in the living room, gets into a bed where his friend's wife is asleep and digitally penetrates her vagina without her knowing consent but without her initial objection or…

Justia Opinion Summary: Defendant Tom Phung was 17 years old when he and fellow Tiny Rascal Gang (TRG) members, riding in about five cars, chased a fleeing vehicle containing eight rival gang members. A TRG member two cars ahead shot and killed…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of summary judgment to a safety consultant. The trial court concluded that the consultant owed no duty of care to the employees because the consultant's allegedly…

Justia Opinion Summary: LandWatch filed a petition for writ of administrative mandate, alleging that the District, in approving an emergency water supply project, failed to comply with the California Environmental Quality Act (CEQA). LandWatch…

Justia Opinion Summary: The Network petitioned for a writ of mandate to compel the County to comply with the California Environmental Quality Act (CEQA) before issuing well permits. The Court of Appeal affirmed the trial court's dismissal of…

Justia Opinion Summary: H.S. and James E. appealed an order terminating parental rights to their son, Collin E. In July 2015, the San Diego County Health and Human Services Agency (Agency) filed a petition under Welfare and Institutions Code…

Justia Opinion Summary: Defendant’s father observed defendant “acting differently” and accused him of drinking. Defendant became “belligerent and aggressive” and approached his father, with his fists clenched. As his father pushed defendant’s…

Justia Opinion Summary: In 2014, Lamar Canady was shot to death in broad daylight in the Oak Park neighborhood of San Diego. After months of investigation by police, with the assistance of the Federal Bureau of Investigation (FBI) and…

Justia Opinion Summary: In 2015, the Sacramento News and Review (the newspaper), published by appellant Chico Community Publishing, Inc., investigated Sacramento’s then-Mayor Kevin Johnson and his staff’s use of city resources in the take over…

Justia Opinion Summary: In 2002, Morales pleaded no contest to a drug offense. He served his sentence, voluntarily departed the U.S., and reentered the country. In 2017, while residing in the U.S., he moved to vacate this conviction under the…

Justia Opinion Summary: The superior court denied Jackson’s motion to dismiss an indictment issued by a grand jury charging him with special circumstances murder, kidnapping, and rape. The motion, based on Penal Code section 9951 and on…

Justia Opinion Summary: Larry Tripplett, a former defensive tackle for the Indianapolis Colts, Buffalo Bills and Seattle Seahawks, petitioned for review of the California Workers’ Compensation Appeals Board’s (WCAB) decision to deny his claim…

Justia Opinion Summary: The law firm of Crowell & Moring (Crowell) was vicariously disqualified from this insurance coverage action based on a newly-hired, but disqualified discovery associate in a geographically distant office. Then, while the…

Justia Opinion Summary: Under People v. Sanchez, 63 Cal.4th 665, 684–686, an expert may not relate as true the case-specific content of documents which were neither admitted into evidence nor shown to be covered by a hearsay exception. The…

Justia Opinion Summary: In 1978, Defendant told a student on a bus to take off his Ted Nugent T-shirt because Defendant didn’t like it. The boy did not comply. Defendant kicked him in the face and displayed a knife. The boy handed the shirt to…

Justia Opinion Summary: This appeal stemmed from a dispute between the parties as to how the County may tax Time Warner's possessory interests in using public rights-of-way. The trial court found that the Assessor may tax the possessory…

Justia Opinion Summary: After defendant's postrelease community supervision (PRCS) was revoked and tolled pursuant to an arrest warrant, he was convicted on another charge in Monterey County and was sentenced to county jail. While serving that…

Justia Opinion Summary: The Court of Appeal affirmed an order granting the petition of the Public Guardian of the County of San Luis Obispo for reappointment as the conservator of S.A. In this case, the jury found beyond a reasonable doubt that…

Justia Opinion Summary: This is the third appeal that comes to us in this case, which arises out of Patrick and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV Group (Geweke) with an installment loan funded by Wells…

Justia Opinion Summary: Defendant Ryan Booth was convicted of: five counts of sexual penetration of a child 10 years old or younger (counts 2, 3, 5, 7, & 10); three counts of oral copulation of a child 10 years old or younger (counts 1, 4, &…

Justia Opinion Summary: Certain limited liability companies (LLCs) paid a levy under Revenue and Taxation Code section 17942, which was later determined by the court of appeal to be unconstitutional. After two separate actions seeking class…

Justia Opinion Summary: Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a snowcat pulling a snow-grooming tiller and got caught in…

Justia Opinion Summary: RPB appealed from an order granting discovery sanctions after a motion to compel further responses to a deposition notice. In this case, BRI served a notice of motion and motion to compel within a statutory deadline, but…

Justia Opinion Summary: In an issue of first impression, the Court of Appeals addressed whether Family Code section 4504(b) required derivative benefits received by the child of a disabled parent to be credited against a noncustodial obligor's…

Justia Opinion Summary: Defendant Brian Koback walked into a rental car company office and stole a set of car keys. Defendant would ultimately be charged with and convicted of robbery, assault with a deadly weapon, and resisting arrest.…

Justia Opinion Summary: Petitioners sought a writ of mandate directing the superior court to vacate its order denying their motion for summary judgment and issue an order granting the motion. The Court of Appeal issued a stay pending this…

Justia Opinion Summary: Littlejohn sought to sue Costco, the California Board of Equalization, and Abbott to recover sales tax on purchases of Abbott’s product Ensure. Littlejohn alleged that Ensure is properly categorized as a food; no sales…

Justia Opinion Summary: Plaintiff L.G. is the former nanny for M.B. and M.B.'s ex-husband, S.B. L.G. filed suit against M.B. for defamation, invasion of privacy, and intentional infliction of emotional distress based upon statements that M.B.…

Justia Opinion Summary: Plaintiffs-appellants Angela Belfiore-Braman and Stephen Braman appealed a defense judgment entered on a jury verdict, in their medical malpractice action against orthopedic surgeon, defendant-respondent D. Daniel…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment against plaintiff in an action alleging that Hughes violated the California Disabled Persons Act (DPA). Plaintiff alleged that under the DPA, the store was obliged…

Justia Opinion Summary: A jury convicted Antonio Torres of two counts of committing a lewd act with a minor under 14 years old, and found true the allegations that he had substantial sexual conduct with the minor. The court sentenced him to a…

Justia Opinion Summary: The owner of Greenfield Ranch in Mendocino County subdivided the property into 25 parcels with a minimum acreage of 160 acres each. One of those parcels was divided by a 1975 partition judgment into three parcels.…

Justia Opinion Summary: Dembowsky repeatedly hit a parked car in 2011; Santa Rosa police requested that the DMV perform a regular reexamination. Dembowsky passed the written test, and vision and physical examinations but failed to appear for…

Justia Opinion Summary: Ahmed operated a business selling medical marijuana products in Livermore, which has an ordinance that prohibits marijuana dispensaries. The city issued an administrative citation and ordered him to cease operations.…

Justia Opinion Summary: In this wrongful death action, a jury found Deputy David Aviles liable for intentional battery by use of excessive force and Deputy Paul Beserra liable for negligence resulting in Darren Burley's death. The jury awarded…

Justia Opinion Summary: This appeal arose out of the 2007 subprime mortgage crisis. In March 2014, the National Asian American Coalition, COR Community Development Corporation, and the National Hispanic Christian Leadership Conference filed a…

Justia Opinion Summary: In this appeal, the issue the Court of Appeal was asked to determine whether a state entity whose employees were exempt from state law requiring the payment of overtime compensation was nevertheless required to pay…

Justia Opinion Summary: A certificate of probable cause is not required where the defendant's challenge to the agreed-upon sentence is based on the Legislature's enactment of a statute that retroactively grants a trial court the discretion to…

Justia Opinion Summary: Augustine Caldera was a correctional officer at a state prison with a stutter. The prison’s employees mocked or mimicked Caldera’s stutter at least a dozen times over a period of about two years. Sergeant James Grove, a…

Justia Opinion Summary: While serving as an administrative law judge for the State Personnel Board (SPB), Richard Fisher joined the law firm of Simas & Associates as “of counsel.” Simas & Associates specialized in representing clients facing…

Justia Opinion Summary: This case arose from employment-related contract disputes. In 2013, petitioners, who were gastroenterologists, were recruited by GI Excellence, to work as physicians in GI Excellence’s gastroenterology service in…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a petition to compel arbitration of plaintiff's action for wage and hour violations. In this case, plaintiff was an hourly employee at Wash Depot. Wash Depot…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order dismissing plaintiffs' challenge to an amendment to California law that eliminated the previously existing "personal beliefs" exemption from mandatory immunization…

Justia Opinion Summary: A devastating wildfire (the Butte Fire) swept through Calaveras and Amador counties in September 2015. The fire started when a tree came into contact with an overhead power line owned and operated by petitioners Pacific…

Justia Opinion Summary: Plaintiff-appellant Kele Young, owner and operator of the Magic Jungle Wildlife Preserve, a wildlife sanctuary located in Lucerne Valley, appealed the denial of her petition for writ of mandate brought against…

Justia Opinion Summary: Husband appealed an order setting aside a default judgment that incorporated a marital settlement agreement (MSA). He contended the trial court erred by considering evidence not presented, submitted, or admitted at the…

Justia Opinion Summary: Following rehearing, the Court of Appeal remanded this case to the trial court so that it may exercise it's independent discretion on whether to strike or dismiss a firearm enhancement. In this case, defendant was…

Justia Opinion Summary: Defendant moved under the doctrine of laches to vacate a victim restitution order approximately 16 years after that order was entered and after he served his sentence for forgery. The Court of Appeal held that the trial…

Justia Opinion Summary: Defendant appealed an order denying his motion to vacate judgment and withdraw his 2005 plea of no contest to one count of conspiracy to transport cocaine for sale. The Court of Appeal held that the motion was timely…

Justia Opinion Summary: A juvenile court has the authority to require restitution for losses beyond those that resulted from the criminal conduct with which the minor is charged, if that restitution is a properly imposed condition of probation.…

Justia Opinion Summary: Minor A.R. (the Minor) challenged a dispositional order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (hereafter, DJJ). At the time of the disposition…

Justia Opinion Summary: Beginning in December 2006, plaintiffs made several loans to defendant Lee, who is You’s father. Lee defaulted. In July 2013, a judgment was entered against Lee for $1,143,576. No part of the debt has been paid. In…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying Atria's petition to compel arbitration. The court held that the integration clause in an agreement the parties signed did not preclude proof of the arbitration…

Justia Opinion Summary: A jury found defendant Nathan Bussey guilty of unauthorized taking or driving of a vehicle and receiving a stolen vehicle. Before trial, defendant had entered pleas of no contest to two misdemeanor counts of possession…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment for Vons in a slip and fall action alleging negligence and premises liability claims. The court held that there was no admissible evidence to…

Justia Opinion Summary: Mother made no progress on her case plan for a year, then, as she was about to lose her parental rights, she began eagerly complying with the plan. The twist in this case is that the child, Sofia, was 14 years old, and…

Justia Opinion Summary: Employees brought a class action for failure to pay wages, failure to provide meal and rest periods, failure to furnish timely and accurate wage statements, failure to pay wages to discharged employees, and unfair…

Justia Opinion Summary: Under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code 3300), no punitive action may be taken against a public safety officer for any alleged act unless the investigation is completed within one year…

Justia Opinion Summary: Decedent and objector were married for 32 years. Petitioners are decedent’s sons from a prior relationship. In 1993, decedent and objector secured a joint term life insurance policy, naming objector as the primary…

Justia Opinion Summary: Petitioner was 19 years old when, driving on the freeway, he shot an assault rifle out of the window, killing the driver of another car. Petitioner had been a narcotics dealer for several years. Petitioner was convicted…

Justia Opinion Summary: The case was filed in 2013. In November 2016, the court granted defendants terminating sanctions on Moofly’s claims, finding that Moofly had abused the discovery process and displayed “utter disregard for the court.”…

Justia Opinion Summary: A wardship petition (Welfare and Institutions Code section 602) alleged four counts of attempted murder and firearm, gang, and great bodily injury enhancements against K.C. The prosecution moved to transfer K.C. to a…

Justia Opinion Summary: The Metropolitan Water District challenged the decision of a hearing officer on a union grievance concerning the District’s use of a “comparative analysis” procedure in job postings. The trial court set aside the hearing…

Justia Opinion Summary: Plaintiff-appellant Natasha Meeks contended that she suffered sexual harassment on the job. She brought suit against her employer, defendant-appellant AutoZone, Inc. (AutoZone), and the alleged harasser,…

Justia Opinion Summary: Warren pleaded no contest to offenses arising from an incident in which he brandished a gun. He received a seven-year sentence that included four one-year enhancements under Penal Code 667.5,(b), each based on a prior…

Justia Opinion Summary: The South Orange County Community College District (the District) dismissed Carol Wassmann from employment as a tenured librarian at Irvine Valley College (IVC) in April 2011. Several years later, Wassmann obtained a…

Justia Opinion Summary: The Court of Appeal granted habeas relief and ordered the release of petitioner on parole. After petitioner was found suitable for parole under the youth offender provisions of Penal Code sections 3051 and 4801, he was…

Justia Opinion Summary: Defendant-appellant, Anthony Esparza Cortez, Jr., a convicted felon, and his friend, Michael Saavedra, conspired to commit murder against Rene Perez, and his son-in-law, Alvino Barrera. While defendant drove, Saavedra…

Justia Opinion Summary: Plaintiff challenged LACERA's forfeiture of his vested retirement benefits based on the determination by the County that plaintiff's gambling conduct was committed in the scope of his official duties pursuant to the…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's determination that D.A. committed misdemeanor battery and order of six month probation. The court held that the prosecutor presented sufficient evidence to establish the…

Justia Opinion Summary: Plaintiffs were 23 federally qualified health centers (FQHC’s) and rural health clinics (RHC’s) that served medically underserved populations (the Clinics). The dispute before the Court of Appeal centered on coverage for…

Justia Opinion Summary: Dawkins was convicted of stalking, false imprisonment, criminal threats, lewd acts upon a child, and indecent exposure based on two incidents during which he harassed passengers on Bay Area Rapid Transit trains. After…

Justia Opinion Summary: The Templos filed a complaint with two causes of action for personal injury and property damage against Lu for damages resulting from a car accident. The third cause of action named the state as the sole defendant and…

Justia Opinion Summary: An employee must be driving a personal vehicle in the course and scope of his employment at the time of the accident to extend vicarious liability to an employer. Liability may be imposed on an employer for an employee's…

Justia Opinion Summary: Petitioner sought a writ of mandate asking the Court of Appeal to define more precisely the permissible scope of record preservation in capital cases. The court agreed with petitioner that he was entitled to an order…

Justia Opinion Summary: Ernest Orozco pled guilty to one count of unlawfully driving a vehicle of another without permission, and one count of receiving a stolen vehicle. California voters enacted Proposition 47, the Safe Neighborhoods and…

Justia Opinion Summary: Saint Francis surgical staff left a sponge in a patient during surgery. The Department of Public Health imposed a $50,000 fine for not having and assuring compliance with appropriate sponge-count policies. An ALJ found…

Justia Opinion Summary: Fourteen-year-old E.A. and her eleven-year old sister, M.A. (together minors or children) had been living in what the San Diego County Health and Human Services Agency (Agency) described as "deplorable" conditions.…

Justia Opinion Summary: Plaintiff-appellant Michele Coyle sued defendan-respondent Historic Mission Inn Corporation (the Mission Inn) for negligence and premises liability. Coyle ate lunch with a friend on a patio at the Mission Inn. During…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of crimes related to the sexual abuse of children. In the published portion of the opinion, the court rejected defendant's due process claim and held that he was not…

Justia Opinion Summary: Defendant Nicholas John Smit filed a petition to reduce his felony possession of marijuana for sale conviction to a misdemeanor. The superior court found defendant ineligible for relief because he was convicted of four…

Justia Opinion Summary: The IHSS program (Welf. & Inst. Code 12300) provides in-home services to elderly or disabled persons so that they may avoid institutionalization. For purposes of the state unemployment insurance system, IHSS service…

Justia Opinion Summary: Appellants Vincent Krolikowski and Connie Van Putten were former employees of the City of San Diego (the City) and members of the San Diego City Employees' Retirement System (SDCERS) who received monthly pension payments…

Justia Opinion Summary: Nationwide, its principal and sole shareholder, and Loan Payment (collectively, petitioners) operate a debt payment service that claims to reduce the amount of interest owed by accelerating debt repayment via an extra…

Justia Opinion Summary: V.D., a worker at the Pittsburg Marina, saw G.B. with other young men near the maintenance yard, through a cyclone fence. He went inside a building where he could see them through an open door approximately 30 feet away.…

Justia Opinion Summary: Petitioner sought an administrative writ and declaratory relief, contending that the lease replacement between PG&E and the Commission should not have been subject to the existing facilities exemption, and that even if…

Justia Opinion Summary: C.T. and D.A. appealed a juvenile court order terminating C.T.'s parental rights to her minor daughter, C.A., and earlier orders finding the Indian Child Welfare Act (ICWA) did not apply to C.A.'s presumed father, D.A.,…

Justia Opinion Summary: Stabilis Fund II, LLC (Stabilis) held a trust deed on an apartment complex in Indio. In 2013, Stabilis sued the owners of the property, alleging that the underlying loan was in default, seeking judicial foreclosure, and,…

Justia Opinion Summary: Plaintiff-respondent Dawn Turnbull sued defendants-appellants the Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John Buchanan, and Keri Gasper. Turnbull brought causes of action for: (1)…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of voluntary manslaughter and felony vandalism. The court held that the trial court properly excluded evidence that the victim was diagnosed with paranoid schizophrenia…

Justia Opinion Summary: The state formed BBGHAD to restore 46 acres of Malibu's Broad Beach. The project requires 300,000 cubic yards of sand initially, with subsequent deposits at five-year intervals, and supplemental deposits as needed. Each…

Justia Opinion Summary: The driver of a motor vehicle who lawfully has the right of way is 1) not required to foresee "roadrage"; and 2) that cars merging on a freeway onramp will unsafely merge and then "slam" on the brakes in front of the…