California Courts of Appeal Decisions 2018

Opinions 1 - 500 of 945

Rymel v. Save Mart Supermarkets  
Date: December 31, 2018
Docket Number: C085863

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 comp...

Donohue v. AMN Services, LLC
Date: December 28, 2018
Docket Number: D071865M
P. v. McClinton
Date: December 28, 2018
Docket Number: G055391M
P. v. Baldwin
Date: December 27, 2018
Docket Number: A147588M
People v. Meraz  
Date: December 27, 2018
Docket Number: B245657B

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 third...

Olive v. General Nutrition Centers, Inc.  
Date: December 27, 2018
Docket Number: B279490A

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...

People v. Vasquez  
Date: December 27, 2018
Docket Number: B281178A

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 involuntar...

P. v. Thomas
Date: December 27, 2018
Docket Number: C083845M
Etcheson v. FCA US LLC  
Date: December 27, 2018
Docket Number: D072793

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 probl...

San Diego Unified School Dist. v. Yee  
Date: December 27, 2018
Docket Number: D072894

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 Sch...

In re Thomas  
Date: December 27, 2018
Docket Number: E069454

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...

In re J.Y.  
Date: December 26, 2018
Docket Number: C082548

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 place...

Drulias v. 1st Century Bancshares, Inc.  
Date: December 24, 2018
Docket Number: H045049

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 p...

People v. Baldwin  
Date: December 21, 2018
Docket Number: A147588

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 f...

Modacure v. B&B Vehicle Processing, Inc.  
Date: December 21, 2018
Docket Number: A151799

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 2...

Howard v. Goldbloom  
Date: December 21, 2018
Docket Number: A154298

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 wron...

California v. Hamilton  
Date: December 21, 2018
Docket Number: D073034

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...

Estate of Stockird  
Date: December 20, 2018
Docket Number: A152538

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 di...

P. v. Garcia
Date: December 20, 2018
Docket Number: B269836M
People v. Bendovid  
Date: December 20, 2018
Docket Number: B288633

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,...

In re A.A.  
Date: December 20, 2018
Docket Number: B289821

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 Ap...

County of Butte v. Dept. of Water Resources  
Date: December 20, 2018
Docket Number: C071785

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 t...

Carrington v. Starbucks Corp.  
Date: December 20, 2018
Docket Number: D072392

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...

Associated Chino Teachers v. Chino Valley Unified School Dist.
Date: December 20, 2018
Docket Number: E068163
Moreno v. Visser Ranch, Inc.  
Date: December 20, 2018
Docket Number: F075822

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 corp...

Antelope Valley Groundwater Cases  
Date: December 20, 2018
Docket Number: F078517

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 conclusio...

SummerHill Winchester LLC v. Campbell Union School District  
Date: December 20, 2018
Docket Number: H043253

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 base...

University of Southern California v. Superior Court  
Date: December 19, 2018
Docket Number: B288180

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 cha...

Dept. of Alcoholic Beverage Control v. Alcoholic Beverage etc.
Date: December 19, 2018
Docket Number: C085199M
Hoffman v. Superior Ready Mix Concrete, L.P.  
Date: December 19, 2018
Docket Number: D072929

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 L...

S.Y. v. Superior Court
Date: December 19, 2018
Docket Number: D073450M
City of San Diego v. Superior Court  
Date: December 19, 2018
Docket Number: D073961

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 fo...

California v. Gomez  
Date: December 19, 2018
Docket Number: G055352

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 vict...

Case v. State Farm Mutual Automobile Insurance Co.  
Date: December 18, 2018
Docket Number: B281732

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,...

Marriage of T.C. and D.C.  
Date: December 18, 2018
Docket Number: D073182

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...

P. v. Caldwell
Date: December 17, 2018
Docket Number: A148828M
People v. Garcia  
Date: December 17, 2018
Docket Number: B269836

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 wa...

Eith v. Ketelhut  
Date: December 17, 2018
Docket Number: B272028

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...

Cox v. Bonni  
Date: December 17, 2018
Docket Number: B279476

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 g...

People v. Erickson  
Date: December 17, 2018
Docket Number: B288448

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 wir...

Georgetown Preservation Society v. County of El Dorado  
Date: December 17, 2018
Docket Number: C084872

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 Ge...

In re Cody R.  
Date: December 17, 2018
Docket Number: D073527

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...

David L. v. Superior Court
Date: December 17, 2018
Docket Number: D073996M
California v. K.P.  
Date: December 17, 2018
Docket Number: D074577

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) o...

Gassner v. Stasa  
Date: December 17, 2018
Docket Number: E068058

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 co...

Guernsey v. City of Salinas  
Date: December 17, 2018
Docket Number: H043283

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 . ....

Sims v. Kernan  
Date: December 14, 2018
Docket Number: A151732

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...

People v. Hsiu Ying Lisa Tseng  
Date: December 14, 2018
Docket Number: B270877

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 cou...

McCleery v. Allstate Insurance Co.  
Date: December 14, 2018
Docket Number: B282851

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 accura...

Acco Engineered Systems v. Contractors' State License Board  
Date: December 14, 2018
Docket Number: B282944

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 Profes...

Next Century Associates v. Co. of LA
Date: December 14, 2018
Docket Number: B284092M
California v. LaDuke  
Date: December 14, 2018
Docket Number: D072597

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 forma...

Fresno Superior Court v. PERB  
Date: December 14, 2018
Docket Number: F075363

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 Cou...

Modisette v. Apple Inc.  
Date: December 14, 2018
Docket Number: H044811

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,...

Marriage of Martindale & Ochoa  
Date: December 13, 2018
Docket Number: A152825

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 perma...

In re Israel T.  
Date: December 13, 2018
Docket Number: B286821

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 t...

W.M. v. V.A.  
Date: December 13, 2018
Docket Number: B287735

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 emergenc...

Arista v. County of Riverside
Date: December 13, 2018
Docket Number: E068432M
Orange Cove Irrigation Dist. v. Los Molinos Mutual Water Co.  
Date: December 12, 2018
Docket Number: C078323

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...

Warren v. Kia Motors America, Inc.  
Date: December 12, 2018
Docket Number: E068348

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...

Mechling v. Asbestos Defendants  
Date: December 11, 2018
Docket Number: A150132

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 appar...

Doe v. University of Southern California  
Date: December 11, 2018
Docket Number: B271834

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 s...

In re E.P.  
Date: December 11, 2018
Docket Number: G054375A

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 burgl...

Moustafa v. Board of Registered Nursing  
Date: December 10, 2018
Docket Number: A150266

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 pr...

City of Petaluma v. Workers' Compensation Appeals Board  
Date: December 10, 2018
Docket Number: A153811

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...

California v. Thomas  
Date: December 10, 2018
Docket Number: C083845

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 “m...

Donohue v. AMN Services, LLC  
Date: December 10, 2018
Docket Number: D071865

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 Kenn...

J.W. v. Watchtower Bible & Tract Society of New York, Inc.  
Date: December 10, 2018
Docket Number: E066555

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 wa...

People v. Johnson  
Date: December 6, 2018
Docket Number: A151559

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 indic...

Love v. California Dept. of Education  
Date: December 6, 2018
Docket Number: C086030

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 repeal...

CPF Vaseo Associates, LLC v. Gray  
Date: December 6, 2018
Docket Number: D072909

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 f...

C.S. v. Superior Court  
Date: December 6, 2018
Docket Number: H045665

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...

California v. Berch  
Date: December 5, 2018
Docket Number: G055344

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 1...

The Regents of the Univ. of Cal. v. Superior Court
Date: December 4, 2018
Docket Number: B259424B
Calvert v. Binali  
Date: December 4, 2018
Docket Number: B282984

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 gene...

Public Employment Relations Board v. Bellflower Unified School District  
Date: December 4, 2018
Docket Number: B288594

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 Dis...

California v. Burton  
Date: December 4, 2018
Docket Number: C084180

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 t...

California v. Sun  
Date: December 4, 2018
Docket Number: G055242

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...

Wilmot v. Contra Costa County Employees' Retirement Association  
Date: December 3, 2018
Docket Number: A152100

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...

The Regents of the University of California v. Superior Court of Los Angeles County  
Date: December 3, 2018
Docket Number: B259424A

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...

California v. Lavoie  
Date: December 3, 2018
Docket Number: E068328

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 mag...

People v. Garcia  
Date: December 3, 2018
Docket Number: H043537

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 enter...

People v. Neal  
Date: November 30, 2018
Docket Number: A153101

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 weapo...

Kaanaana v. Barrett Business Services, Inc.  
Date: November 30, 2018
Docket Number: B276420

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...

Edwards v. Heartland Payment Systems, Inc.  
Date: November 30, 2018
Docket Number: B284000

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 si...

Next Century Associates v. County of Los Angeles  
Date: November 30, 2018
Docket Number: B284092

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 becaus...

Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc.  
Date: November 30, 2018
Docket Number: C085753

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 subcon...

California v. McClinton  
Date: November 30, 2018
Docket Number: G055391

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...

Durante v. County of Santa Clara  
Date: November 30, 2018
Docket Number: H041620

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...

City of Oakland v. Oakland Police and Fire Retirement System  
Date: November 29, 2018
Docket Number: A144653

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 an...

Zissler v. Saville  
Date: November 29, 2018
Docket Number: B286043

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...

Meleski v. Estate of Hotlen  
Date: November 29, 2018
Docket Number: C080023

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, Hotl...

California v. Bonilla  
Date: November 29, 2018
Docket Number: C082144

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 beca...

Finance Holding Co., LLC v. The American Inst. of Certified etc.  
Date: November 29, 2018
Docket Number: D072910

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,...

Ramos v. Superior Court
Date: November 28, 2018
Docket Number: A153390M
California v. Phea  
Date: November 28, 2018
Docket Number: C080488

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...

P. v. Superior Court (Ahn)
Date: November 28, 2018
Docket Number: E070545M
San Francisco Baykeeper, Inc. v. State Lands Commission  
Date: November 27, 2018
Docket Number: A151821

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, und...

Marriage of Vaughn  
Date: November 27, 2018
Docket Number: B286871

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 Ju...

People v. Fish  
Date: November 27, 2018
Docket Number: B290108

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 mea...

Morgan v. Davidson  
Date: November 27, 2018
Docket Number: E068344

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,...

California v. Superior Court (Ahn)  
Date: November 27, 2018
Docket Number: E070545

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...

People v. Morales  
Date: November 27, 2018
Docket Number: H043837

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 coun...

John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports  
Date: November 26, 2018
Docket Number: A151729

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 Ca...

Hart v. Keenan Properties, Inc.
Date: November 26, 2018
Docket Number: A152692M
Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.  
Date: November 26, 2018
Docket Number: C085199

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 decis...

David L. v. Superior Court  
Date: November 26, 2018
Docket Number: D073996

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...

P. v. Kelly
Date: November 26, 2018
Docket Number: F071934M
California v. Cisneros-Ramirez  
Date: November 26, 2018
Docket Number: G055409

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 fir...

Alliance of Concerned Citizens Organized for Responsible Development v. City of San Juan Bautista  
Date: November 26, 2018
Docket Number: H044410

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...

Rasooly v. City of Oakley  
Date: November 21, 2018
Docket Number: A152709

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 r...

Palmieri v. Cal. State Personnel Bd.
Date: November 21, 2018
Docket Number: C082508M
California v. Stutelberg  
Date: November 21, 2018
Docket Number: D073266

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...

S.Y. v. Superior Court  
Date: November 21, 2018
Docket Number: D073450

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 temporar...

Professional Tax Appeal v. Kennedy-Wilson Holdings  
Date: November 20, 2018
Docket Number: B282702

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 u...

Warner Bros. Entertainment Inc. v. Superior Court of Los Angeles County  
Date: November 20, 2018
Docket Number: B289109

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 stayi...

Arista v. County of Riverside  
Date: November 20, 2018
Docket Number: E068432

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...

Roe v. Halbig  
Date: November 20, 2018
Docket Number: H043248

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 Justice...

Hart v. Keenan Properties, Inc.  
Date: November 19, 2018
Docket Number: A152692

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 acces...

In re Marriage of Davila and Mejia  
Date: November 19, 2018
Docket Number: B279874

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 tha...

People v. Caldwell  
Date: November 15, 2018
Docket Number: A148828

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, bu...

Alcazar v. Los Angeles Unified School District  
Date: November 15, 2018
Docket Number: B281383

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...

Lat v. Farmers New World Life Ins. Co.
Date: November 15, 2018
Docket Number: B282008M
SI 59 LLC v. Variel Warner Ventures, LLC  
Date: November 15, 2018
Docket Number: B285086

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 C...

High Sierra Rural Alliance v. County of Plumas  
Date: November 15, 2018
Docket Number: C082315

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 d...

Wilde v. City of Dunsmuir  
Date: November 15, 2018
Docket Number: C082664

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 Constitu...

Hernandez v. Pacific Bell Telephone Co.  
Date: November 15, 2018
Docket Number: C084350

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 fa...

Huerta v. Kava Holdings, Inc.  
Date: November 14, 2018
Docket Number: B277164

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 Empl...

Kohler Co. v. Superior Court of Los Angeles County  
Date: November 14, 2018
Docket Number: B288935

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 prod...

P. v. Randolph
Date: November 14, 2018
Docket Number: F075085M
Genisman v. Hopkins Carley  
Date: November 14, 2018
Docket Number: H042543

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. Initi...

People v. Acosta  
Date: November 13, 2018
Docket Number: B263849A

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...

C.A. v. C.P.  
Date: November 13, 2018
Docket Number: C084473

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 inta...

Garcia v. Border Transportation Group
Date: November 13, 2018
Docket Number: D072521M
Copenbarger v. Morris Cerullo World Evangelism, Inc.  
Date: November 13, 2018
Docket Number: G054731

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, i...

Guerrero v. California Department of Corrections and Rehabilitation  
Date: November 7, 2018
Docket Number: A147507

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 a...

Citizens for Amending Proposition L v. City of Pomona  
Date: November 7, 2018
Docket Number: B283740

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...

1550 Laurel Owner's Association, Inc. v. Appellate Division of the Superior Court of Los Angeles County  
Date: November 7, 2018
Docket Number: B288091

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, Cod...

Manavian v. Dept. of Justice  
Date: November 7, 2018
Docket Number: C077843

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 doe...

Schmidt v. Citibank, N.A.  
Date: November 7, 2018
Docket Number: D072993

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 20...

Ivory Education Institute v. Dept. of Fish & Wildlife
Date: November 5, 2018
Docket Number: B282558M
California v. Vera  
Date: November 5, 2018
Docket Number: E069367

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 tinte...

People v. Baldivia  
Date: November 5, 2018
Docket Number: H043736

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 cou...

Ramos v. Superior Court  
Date: November 2, 2018
Docket Number: A153390

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 opportunitie...

Olive v. General Nutrition Centers, Inc.  
Date: November 2, 2018
Docket Number: B279490

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 cou...

In re Bruno M.  
Date: November 2, 2018
Docket Number: B287537

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...

Quiles v. Parent  
Date: November 2, 2018
Docket Number: G054353A

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 1...

People v. Bedolla
Date: November 2, 2018
Docket Number: H044681M
Caretto v. Superior Court  
Date: November 1, 2018
Docket Number: B265256A

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...

Ivory Education Institute v. Department of Fish & Wildlife  
Date: November 1, 2018
Docket Number: B282558

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 202...

Marteney v. Elementis Chemicals Inc.  
Date: November 1, 2018
Docket Number: B283411

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 El...

California v. Franske  
Date: November 1, 2018
Docket Number: C081591A

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 com...

AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.  
Date: November 1, 2018
Docket Number: D071924

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 enforci...

California v. Garcia  
Date: November 1, 2018
Docket Number: E068490

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 y...

People v. Kelly  
Date: November 1, 2018
Docket Number: F071934

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 bee...

Brown v. Ralphs Grocery Co.  
Date: October 31, 2018
Docket Number: B278911

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 (L...

Palmieri v. Cal. State Personnel Bd.  
Date: October 31, 2018
Docket Number: C082508

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 termina...

Cheveldave v. Tri Palms Unified Owners Assn.
Date: October 31, 2018
Docket Number: E066461M
Bear Creek Master Assn. v. Southern Cal. Investors, Inc.  
Date: October 31, 2018
Docket Number: E066588

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 t...

People v. Grzymski  
Date: October 30, 2018
Docket Number: A153015

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...

Contractors State Licensing Board v. Superior Court  
Date: October 29, 2018
Docket Number: A154476

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 certifi...

People v. Henry  
Date: October 29, 2018
Docket Number: H044626

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 fri...

National Lawyers Guild v. City of Hayward
Date: October 26, 2018
Docket Number: A149328M
People v. Lopez  
Date: October 26, 2018
Docket Number: B282867

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 c...

California v. Saelee  
Date: October 26, 2018
Docket Number: C084235

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...

Raam Construction, Inc. v. Occupational Safety and Health Appeals Board  
Date: October 25, 2018
Docket Number: A149734

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 A...

Schwan v. Permann  
Date: October 25, 2018
Docket Number: A151070

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...

Uber Technologies, Inc. v. Google LLC
Date: October 25, 2018
Docket Number: A153653M
Bacilio v. City of Los Angeles  
Date: October 25, 2018
Docket Number: B279217

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...

Thee Sombrero, Inc. v. Scottsdale Ins. Co.  
Date: October 25, 2018
Docket Number: E067505

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...

People v. Acosta  
Date: October 25, 2018
Docket Number: H045175

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...

Bunzl Distribution USA, Inc. v. Franchise Tax Board
Date: October 24, 2018
Docket Number: A137887M
MCI Communications etc. v. Cal. Dept. of Tax and Fee Admin.  
Date: October 24, 2018
Docket Number: D072402

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 MCI'...

Save Our Heritage Organisation v. City of San Diego  
Date: October 24, 2018
Docket Number: D073064

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...

S.V. v. Superior Court  
Date: October 24, 2018
Docket Number: E070931

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...

Save Lafayette Trees v. City of Lafayette  
Date: October 23, 2018
Docket Number: A154168

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 protecte...

In re Maria Q.  
Date: October 23, 2018
Docket Number: D073296

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...

People v. Randolph  
Date: October 23, 2018
Docket Number: F075085

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 Cal.App....

Garcia v. Border Transportation Group, LLC  
Date: October 22, 2018
Docket Number: D072521

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 Commiss...

People v. Bedolla  
Date: October 22, 2018
Docket Number: H044681

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 argue...

In re G.B.  
Date: October 19, 2018
Docket Number: B284833

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 ca...

Sandoval v. Qualcomm Incorporated  
Date: October 19, 2018
Docket Number: D070431

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...

People v. Henson  
Date: October 19, 2018
Docket Number: F075101

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 t...

Barri v. WCAB  
Date: October 19, 2018
Docket Number: G054838

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...

A.G. v. County of Los Angeles  
Date: October 18, 2018
Docket Number: B282023

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 actio...

California v. Jones  
Date: October 17, 2018
Docket Number: A149431

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 per...

Pagnini v. Union Bank, N.A.  
Date: October 17, 2018
Docket Number: A151390

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...

The People ex rel. City of Commerce v. Argumedo  
Date: October 17, 2018
Docket Numbers: B280814, B285003

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...

Chacker v. JPMorgan Chase Bank, N.A.
Date: October 17, 2018
Docket Number: B281874M
People v. Valdez  
Date: October 17, 2018
Docket Number: B281975

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...

Monterey Coastkeeper v. Water Resources Control Board  
Date: October 17, 2018
Docket Number: C080530

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 determin...

Beach & Bluff Conservancy v. City of Solana Beach  
Date: October 17, 2018
Docket Number: D072304

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 Commi...

California v. Superior Court (Dominguez)  
Date: October 17, 2018
Docket Number: D073943

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...

Orange Catholic Foundation v. Arvizu  
Date: October 17, 2018
Docket Number: G055189

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 Arvi...

Lat v. Farmers New World Life Ins. Co.  
Date: October 16, 2018
Docket Number: B282008

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 no...

Cal. Dept. of State Hospitals v. A.H.
Date: October 15, 2018
Docket Number: B286187M
People v. Adams  
Date: October 12, 2018
Docket Number: B257829A

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 remand...

P. v. Adams
Date: October 12, 2018
Docket Number: B257829N
California v. Yushchuk  
Date: October 12, 2018
Docket Number: C081739

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 DUI-wit...

California v. Megown  
Date: October 12, 2018
Docket Number: D072019

Justia Opinion Summary: Kevin Megown beat Michelle R., the mother of his child. After one incident where Michelle's mother, Maria R., came to aid her, Megown threatened to kill both of them as he held a gun. A jury convicted Megown of violating...

In re A.S.  
Date: October 12, 2018
Docket Number: D073561

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 o...

People v. Hudson  
Date: October 12, 2018
Docket Number: F074016

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, subdivisi...

Plaintiff v. Defendant  
Date: October 11, 2018
Docket Number: E068760

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...

P. v. Bailey
Date: October 10, 2018
Docket Number: B275818M
Glovis America, Inc. v. County of Ventura  
Date: October 10, 2018
Docket Number: B286538

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 extende...

In re E.R.  
Date: October 10, 2018
Docket Number: B288376

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 En...

California v. Gutierrez  
Date: October 10, 2018
Docket Number: E068135

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 Span...

California v. Endsley  
Date: October 10, 2018
Docket Number: E068576

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 ju...

Doe v. University of Southern California  
Date: October 9, 2018
Docket Number: B281961

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 academ...

Doe v. Regents of the University of California  
Date: October 9, 2018
Docket Number: B283229

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...

Ruiz v. Musclewood Investment Properties  
Date: October 5, 2018
Docket Number: B280928

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 i...

Certified Tire and Service Centers Wage and Hour Cases  
Date: October 4, 2018
Docket Number: D072265

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 Tire...

Kerley v. Weber  
Date: October 3, 2018
Docket Numbers: B282202, B283256

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...

Cheveldave v. Tri Palms Unified Owners Assn.  
Date: October 3, 2018
Docket Number: E066461

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...

Martinez v. Eatlite One, Inc.  
Date: October 3, 2018
Docket Number: G055096

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 ente...

People v. Pipkin  
Date: October 2, 2018
Docket Number: A148228

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...

People v. Gutierrez  
Date: October 2, 2018
Docket Number: A153419

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 ide...

Schulz v. Jeppesen Sanderson, Inc.  
Date: October 2, 2018
Docket Number: B277493

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 c...

Westsiders Opposed to Overdevelopment v. City of Los Angeles  
Date: October 1, 2018
Docket Number: B285458

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...

Paradise Irrigation Dist. v. Commission on State Mandates  
Date: October 1, 2018
Docket Number: C081929

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 conso...

California v. Delgado  
Date: October 1, 2018
Docket Number: C082480

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 p...

San Diego Unified Port Dist. v. Cal. Coastal Commission  
Date: October 1, 2018
Docket Number: D072954

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 hote...

Morton v. Morton  
Date: October 1, 2018
Docket Number: F073689A

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 pro...

Bunzl Distribution USA, Inc. v. Franchise Tax Board  
Date: September 28, 2018
Docket Number: A137887

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 leewa...

People v. Linville  
Date: September 28, 2018
Docket Number: A140600

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 vi...

Lofton v. Wells Fargo Home Mortgage  
Date: September 28, 2018
Docket Number: A146282

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 cla...

National Lawyers Guild v. City of Hayward  
Date: September 28, 2018
Docket Number: A149328

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. Th...

Uber Technologies, Inc. v. Google LLC  
Date: September 28, 2018
Docket Number: A153653

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 ca...

People v. Kam Hing Wong  
Date: September 28, 2018
Docket Number: B283174

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. Th...

Payton v. CSI Electrical Contractors  
Date: September 28, 2018
Docket Number: B284065

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...

Atempa v. Pedrazzani  
Date: September 28, 2018
Docket Number: D069001

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 awarde...

Golden Door Properties v. Co. of San Diego  
Date: September 28, 2018
Docket Number: D072406

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 F...

Jabo v. YMCA of San Diego Co.  
Date: September 28, 2018
Docket Number: D072613

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 wer...

California v. Espinoza  
Date: September 28, 2018
Docket Number: E068282

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...

California v. Frahs  
Date: September 28, 2018
Docket Number: G054674

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 charge...

In re Loza  
Date: September 28, 2018
Docket Number: G054978

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 a...

Estate of Obata  
Date: September 27, 2018
Docket Number: A150284

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 su...

People v. Fleming  
Date: September 27, 2018
Docket Number: B281816

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...

California v. Gonzalez  
Date: September 27, 2018
Docket Number: D073436

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. Gonzal...

The Inland Oversight Committee v. City of San Bernardino  
Date: September 27, 2018
Docket Number: E064836

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...

Findleton v. Coyote Valley Band of Pomo Indians
Date: September 26, 2018
Docket Number: A150444M
San Francisco Police Officers' Association. v. San Francisco Police Commission  
Date: September 26, 2018
Docket Number: A151654

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 opportun...

Atwell v. City of Rohnert Park  
Date: September 26, 2018
Docket Number: A151896

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...

In re L.O.  
Date: September 26, 2018
Docket Number: A151967

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...

Martine v. Heavenly Valley L.P.  
Date: September 26, 2018
Docket Number: C076998

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....

Marriage of Morton  
Date: September 26, 2018
Docket Number: F073689

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...

People v. Huber  
Date: September 25, 2018
Docket Number: A144214

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...

Findleton v. Coyote Valley Band of Pomo Indians  
Date: September 25, 2018
Docket Number: A150444

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...

Sumner v. Simpson University  
Date: September 25, 2018
Docket Number: C077302

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...

North Valley Mall v. Longs Drug Stores etc.  
Date: September 25, 2018
Docket Number: C079281

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 obl...

Jones v. IDS Property Casualty Ins. Co.  
Date: September 25, 2018
Docket Number: C084065

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...

Department of Corrections etc. v. W.C.A.B. etc.  
Date: September 25, 2018
Docket Number: C085850

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 cons...

Williams v. The Pep Boys etc.
Date: September 24, 2018
Docket Number: A146060M
People v. Fews  
Date: September 24, 2018
Docket Number: A151727

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 ligh...

Turner v. Seterus, Inc.  
Date: September 24, 2018
Docket Number: C079613

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 [C...

In re Molly T.  
Date: September 24, 2018
Docket Number: E069626

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...

Shenouda v. Veterinary Medical Board  
Date: September 21, 2018
Docket Number: B284738

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 plain...

California Department of State Hospitals v. A.H.  
Date: September 21, 2018
Docket Number: B286187

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 a...

California v. Laird  
Date: September 21, 2018
Docket Number: D072642

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 rais...

In re N.G.  
Date: September 21, 2018
Docket Number: E070338

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 Depa...

Ayon v. Esquire Deposition Solutions  
Date: September 21, 2018
Docket Number: G054578

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...

In re Marriage of Kushesh & Kushesh-Kaviani  
Date: September 21, 2018
Docket Number: G054936

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. Husba...

People v. Bailey  
Date: September 20, 2018
Docket Number: B275818

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...

Melissa G. v. Raymond M.  
Date: September 20, 2018
Docket Number: B284031

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 requir...

Moss Bros. Toy, Inc. v. Ruiz  
Date: September 20, 2018
Docket Number: E067240

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 FA...

PacifiCare Life & Health Ins. Co. v. Jones  
Date: September 20, 2018
Docket Number: G053914

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 settl...

Chacker v. JPMorgan Chase Bank, N.A.  
Date: September 19, 2018
Docket Number: B281874

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 publis...

California v. Hayes  
Date: September 19, 2018
Docket Number: C082438

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 Ha...

Hart v. Clear Recon Corp.  
Date: September 18, 2018
Docket Number: B283221

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 attor...

P. v. Banda
Date: September 18, 2018
Docket Number: B284725M
In re K.L.  
Date: September 18, 2018
Docket Number: C079100

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...

Bottini v. City of San Diego  
Date: September 18, 2018
Docket Number: D071670

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...

Ontiveros v. Constable  
Date: September 18, 2018
Docket Number: D072437

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 manage...

Harley-Davidson, Inc. v. Franchise Tax Bd.  
Date: September 17, 2018
Docket Number: D071669

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 Bo...

People v. Cruz-Lopez  
Date: September 14, 2018
Docket Number: A152348

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...

California v. Arebalos-Cabrera  
Date: September 14, 2018
Docket Number: D074047

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 tria...

In re Sims  
Date: September 14, 2018
Docket Number: E069440

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 s...

In re Palmer  
Date: September 13, 2018
Docket Number: A147177A

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 201...

Ribakoff v. City of Long Beach  
Date: September 13, 2018
Docket Number: B279462

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...

Serova v. Sony Music Entertainment
Date: September 13, 2018
Docket Number: B280526M
Citizens Coalition Los Angeles v. City of Los Angeles
Date: September 13, 2018
Docket Number: B283480M
In re G.C.  
Date: September 13, 2018
Docket Number: H043281

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...

Conservatorship of M.B.  
Date: September 12, 2018
Docket Number: A152586

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 Pro...

Vasquez v. Solo 1 Kustoms, Inc.
Date: September 12, 2018
Docket Number: B280152
People v. Superior Court of Los Angeles County  
Date: September 12, 2018
Docket Number: B287946

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. T...

Takhar v. California ex rel. Feather River Air Quality Management Dist.  
Date: September 11, 2018
Docket Number: C082021

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...

California v. Hubbard  
Date: September 11, 2018
Docket Number: C082799

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 te...

Barefoot v. Jennings  
Date: September 10, 2018
Docket Number: F076395

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...

Black v. City of Rancho Palos Verdes  
Date: September 7, 2018
Docket Number: B285135

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 fo...

In re Edwards  
Date: September 7, 2018
Docket Number: B288086

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 Appea...

In re E.H.  
Date: September 7, 2018
Docket Number: D073635

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 ensu...

Friends of Riverside's Hills v. City or Riverside  
Date: September 7, 2018
Docket Number: E068350

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 o...

Brady v. Bayer Corp.  
Date: September 7, 2018
Docket Number: G053847

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. Plainti...

Villanueva v. Fidelity National Title Co.  
Date: September 7, 2018
Docket Number: H041870

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,...

In re D.Y.  
Date: September 6, 2018
Docket Number: B287849

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...

Pogosyan v. Appellate Division of the Superior Court of Los Angeles County  
Date: September 5, 2018
Docket Number: B288362

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 defendan...

California v. Carter  
Date: September 5, 2018
Docket Number: C074051

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, p...

Powell v. Tagami CA4/
Date: September 5, 2018
Docket Number: D072566N
In re Bennett  
Date: September 5, 2018
Docket Number: G055371

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 robber...

People v. Osotonu  
Date: September 4, 2018
Docket Number: A147060

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 dest...

Bridgepoint Construction Services v. Newton  
Date: September 4, 2018
Docket Number: B283239

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 an...

People v. Macias  
Date: August 31, 2018
Docket Number: A151198

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...

Powell v. Tagami
Date: August 31, 2018
Docket Number: D072566M
People v. Rodriguez
Date: August 31, 2018
Docket Number: F073594A
People v. Tapia  
Date: August 31, 2018
Docket Number: F075475

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...

People v. Accredited Surety & Casualty Co.  
Date: August 30, 2018
Docket Number: A150209

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. Defenda...

Mack v. All Counties Trustee Services, Inc.  
Date: August 30, 2018
Docket Number: B280650

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...

In re M.W.  
Date: August 30, 2018
Docket Number: E068981

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 ind...

People v. Martin  
Date: August 29, 2018
Docket Number: B283097

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...

Environmental Law Foundation v. State Water Resources Control Bd.  
Date: August 29, 2018
Docket Number: C083239

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...

Estate of O'Connor  
Date: August 29, 2018
Docket Number: D071284

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; a...

People v. Rodriguez  
Date: August 29, 2018
Docket Number: F073594

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...

Coyne v. De Leo  
Date: August 28, 2018
Docket Number: A149660

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 cottage...

Martinez v. Landry's Restaurants, Inc.  
Date: August 28, 2018
Docket Number: B278513

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 manager...

Serova v. Sony Music Entertainment  
Date: August 28, 2018
Docket Number: B280526

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 po...

People v. Bilbrey
Date: August 27, 2018
Docket Number: A150273M
California v. Reardon  
Date: August 24, 2018
Docket Number: C083482

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 tr...

P. v. Nuno
Date: August 24, 2018
Docket Number: D072152M
California v. Aguayo  
Date: August 24, 2018
Docket Number: D073304

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...

Branches Neighborhood Corp. v. CalAtlantic Group, Inc.,  
Date: August 24, 2018
Docket Number: G055201

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...

San Franciscans for Livable Neighborhoods v. City and County of San Francisco  
Date: August 23, 2018
Docket Number: A141138

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 appr...

Williams v. The Pep Boys Manny Moe & Jack of California  
Date: August 23, 2018
Docket Number: A146060

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, str...

Sander v. State Bar of California  
Date: August 23, 2018
Docket Number: A150061

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...

Citizens Coalition Los Angeles v. City of Los Angeles  
Date: August 23, 2018
Docket Number: B283480

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 appro...

California v. Corder  
Date: August 23, 2018
Docket Number: C084565

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...

Center for Community Action etc. v. City of Moreno Valley  
Date: August 23, 2018
Docket Number: D073451

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 F...

Fuentes v. TMCSF, Inc.  
Date: August 23, 2018
Docket Number: E066242

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 w...

People v. Eastman  
Date: August 23, 2018
Docket Number: H044458

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 pl...

In re: Marriage of Macilwaine  
Date: August 22, 2018
Docket Number: A147847

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...

Scott v. McDonald  
Date: August 22, 2018
Docket Number: E062672

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 (th...

Conservatorship of Presha  
Date: August 22, 2018
Docket Number: E066177

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:...

GameStop, Inc. v. Superior Court  
Date: August 22, 2018
Docket Number: E068701

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 Pr...

People v. Ho  
Date: August 21, 2018
Docket Number: A150807

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 r...

Maplebear v. Busick  
Date: August 21, 2018
Docket Number: A151677

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...

Cortese v. Sherwood  
Date: August 21, 2018
Docket Number: A152351

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...

People v. Jones  
Date: August 21, 2018
Docket Number: B279694

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 tria...

Burkes v. Robertson  
Date: August 20, 2018
Docket Number: A150249

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 So...

People v. Jackson  
Date: August 20, 2018
Docket Number: A151676

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....

People v. Banda  
Date: August 20, 2018
Docket Number: B284725

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...

In re D.B.  
Date: August 20, 2018
Docket Number: D073807

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)....

People v. Lopez  
Date: August 20, 2018
Docket Number: F074581

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. Therefor...

Lafferty v. Wells Fargo Bank, N.A.
Date: August 17, 2018
Docket Number: C080535M
Pease v. Zapf  
Date: August 17, 2018
Docket Number: D074405

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 N...

Levingston v. Kaiser Foundation Health Plan  
Date: August 17, 2018
Docket Number: E066271

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 oppo...

Hacker v. Homeward Residential, Inc.  
Date: August 16, 2018
Docket Number: B278537A

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...

Webster v. Claremont Yoga  
Date: August 16, 2018
Docket Number: B279272

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....

In re J.W.  
Date: August 16, 2018
Docket Number: B287940

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 adop...

People v. Zepeda  
Date: August 15, 2018
Docket Number: A146679

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...

Winslett v. 1811 27th Avenue, LLC  
Date: August 15, 2018
Docket Number: A146932

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,...

Post Foods, LLC v. Superior Court
Date: August 15, 2018
Docket Number: B284057M
Hall v. Dept. of Motor Vehicles  
Date: August 15, 2018
Docket Number: D072278

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...

Powell v. Tagami  
Date: August 15, 2018
Docket Number: D072566

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 Barbara'...

In re Avignone  
Date: August 15, 2018
Docket Number: D074231

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 securi...

Lacagnina v. Comprehend Systems
Date: August 14, 2018
Docket Number: A147559M
Center for Biological Diversity v. Department of Conservation  
Date: August 14, 2018
Docket Number: A149896

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 un...

Heidary v. Superior Court  
Date: August 14, 2018
Docket Number: E068607

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 t...

Jackpot Harvesting Co. v. Superior Court  
Date: August 14, 2018
Docket Number: H044764

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 saf...

Hass v. RhodyCo Productions  
Date: August 13, 2018
Docket Number: A142418

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 race-affi...

California Department of Industrial Relations v. AC Transit  
Date: August 13, 2018
Docket Number: A142799

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...

California v. Nuno  
Date: August 13, 2018
Docket Number: D072152

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 inju...

Monster Energy Co. v. Schechter  
Date: August 13, 2018
Docket Number: E066267

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...

Ehret v. WinCo Foods, LLC  
Date: August 13, 2018
Docket Number: E067575

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 si...

People v. Williams  
Date: August 13, 2018
Docket Number: H044771

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 officer...

P. v. Brayton
Date: August 10, 2018
Docket Number: B284408M
People v. McKenzie  
Date: August 10, 2018
Docket Number: F073942A

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 sectio...

Colaco v. Cavotec SA  
Date: August 10, 2018
Docket Number: G052619

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 a...

Protect Niles v. City of Fremont  
Date: August 9, 2018
Docket Number: A151645

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.”...

Property California SCJLW One Corp. v. Leamy  
Date: August 9, 2018
Docket Number: A152959

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...

B.B. v. County of Los Angeles
Date: August 9, 2018
Docket Number: B264946N
Johnson v. County of Mendocino  
Date: August 8, 2018
Docket Number: A152004

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 pre...

Alfaro v. Colgate-Palmolive Co.  
Date: August 8, 2018
Docket Number: B281022

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. A...

Doe v. Claremont McKenna College  
Date: August 8, 2018
Docket Number: B281722

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 re...

California v. Rodriguez  
Date: August 8, 2018
Docket Number: D071405

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...

Cochrum v. Costa Victoria Healthcare, LLC  
Date: August 8, 2018
Docket Number: G052934

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...

Knutson v. Foster  
Date: August 8, 2018
Docket Number: G054247

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...

People v. Piper  
Date: August 7, 2018
Docket Number: B280033

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 Ref...

Blech v. Blech  
Date: August 6, 2018
Docket Number: B268326

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 th...

People v. Stevenson  
Date: August 3, 2018
Docket Number: A143337

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 sho...

Littlejohn v. Costco Wholesale Corp.
Date: August 3, 2018
Docket Number: A144440M
Lacagnina v. Comprehend Systems, Inc.  
Date: August 3, 2018
Docket Number: A147559

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 Compreh...

Anselmo v. Grossmont-Cuyamaca Com. College Dist.  
Date: August 3, 2018
Docket Number: D072549

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 Volle...

P. v. Koback
Date: August 3, 2018
Docket Number: E066674M
Honeycutt v. JPMorgan Chase Bank, N.A.  
Date: August 2, 2018
Docket Number: B281982

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...

Jones v. Sorenson  
Date: August 2, 2018
Docket Number: C084870

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 fe...

Nishiki v. Danko Meredith, APC  
Date: August 1, 2018
Docket Number: A147733

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 fro...

Staats v. Vintner's Golf Club, LLC  
Date: August 1, 2018
Docket Number: A147928

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 c...

Moen v. The Regents of the University of California  
Date: August 1, 2018
Docket Number: A153386

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 thei...

California v. Webb  
Date: August 1, 2018
Docket Number: D073592

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 ju...

Restore Hetch Hetchy v. City and County of San Francisco  
Date: August 1, 2018
Docket Number: F074107

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 divertin...

People v. Bilbrey  
Date: July 31, 2018
Docket Number: A150273

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 sent...

Santa Rosa Memorial Hospital v. Kent  
Date: July 31, 2018
Docket Number: A151588

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 th...

Hansen v. Newegg.com Americas, Inc.  
Date: July 31, 2018
Docket Number: B271477

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 Newegg.co...

Jaime G. v. H.L.  
Date: July 31, 2018
Docket Number: B280569

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...

People v. Brayton  
Date: July 31, 2018
Docket Number: B284408

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 offe...

Estill v. County of Shasta  
Date: July 31, 2018
Docket Number: C077513

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 represent...

People v. Fleming  
Date: July 31, 2018
Docket Number: F072914

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 re...

California v. Phung  
Date: July 31, 2018
Docket Number: G051876A

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...

Peredia v. HR Mobile Services, Inc.  
Date: July 30, 2018
Docket Number: F074083

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 negl...

LandWatch San Luis Obispo County v. Cambria Community Services District  
Date: July 27, 2018
Docket Number: B281823

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...

CA Water Impact Network v. County of San Luis Obispo  
Date: July 27, 2018
Docket Number: B283846

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 th...

In re Collin E.  
Date: July 27, 2018
Docket Number: D072988

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 se...

People v. Quarles  
Date: July 26, 2018
Docket Number: A152282

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 h...

Pacific Gas & Electric Co. v. Superior Court
Date: July 26, 2018
Docket Number: C085308M
California v. Johnson  
Date: July 26, 2018
Docket Number: D071011

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 authoriti...

Nat'l Conference of Black Mayors v. Chico Community Publishing, Inc.  
Date: July 25, 2018
Docket Number: C083956

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...

People v. Morales  
Date: July 24, 2018
Docket Number: A152530

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 n...

Jackson v. Superior Court  
Date: July 24, 2018
Docket Number: A153818

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 nonstat...

Tripplett v. Workers' Compensation Appeals Bd.  
Date: July 24, 2018
Docket Number: G054825

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 f...

Fluidmaster v. Fireman's Fund Ins. Co.  
Date: July 24, 2018
Docket Number: G055469

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...

People v. Yates  
Date: July 23, 2018
Docket Number: B279863

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 Cour...

P. v. Warren
Date: July 23, 2018
Docket Number: F073159M
People v. Bear  
Date: July 23, 2018
Docket Number: H044609

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...

Time Warner Cable Inc. v. County of Los Angeles  
Date: July 19, 2018
Docket Number: B270062

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 interes...

People v. Murdock  
Date: July 19, 2018
Docket Number: B279452

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...

Conservatorship of S.A.  
Date: July 19, 2018
Docket Number: B284312

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...

Lafferty v. Wells Fargo Bank, N.A.  
Date: July 19, 2018
Docket Number: C080535

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 Far...

California v. Booth  
Date: July 19, 2018
Docket Number: G054999

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, & 6)...

Franchise Tax Board Limited Liability Corp. Tax Refund Cases  
Date: July 18, 2018
Docket Number: A140518

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 tre...

Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC  
Date: July 18, 2018
Docket Number: C082306

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...

Weinstein v. Blumberg  
Date: July 17, 2018
Docket Number: B282267

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...

Y.H. v. M.H.  
Date: July 17, 2018
Docket Number: D071859

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...

California v. Koback  
Date: July 17, 2018
Docket Number: E066674

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. Defenda...

Skidgel v. Cal. Unemployment Ins. App. Bd.
Date: July 16, 2018
Docket Number: A151224M
Hipsher v. Los Angeles County Employees Retirement Assn.
Date: July 16, 2018
Docket Number: B276486M
Post Foods, LLC v. Superior Court  
Date: July 16, 2018
Docket Number: B284057

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 court...

Littlejohn v. Costco Wholesale Corp.  
Date: July 13, 2018
Docket Number: A144440

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 t...

L.G. v. M.B.  
Date: July 13, 2018
Docket Number: B284742

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. m...

Belfiore-Braman v. Rotenberg  
Date: July 13, 2018
Docket Number: D072015

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 Rotenb...

B.B. v. County of Los Angeles
Date: July 12, 2018
Docket Number: B264946M
Baskin v. Hughes Realty, Inc.  
Date: July 12, 2018
Docket Number: B278580

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...

California v. Torres  
Date: July 12, 2018
Docket Number: D072610

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 t...

McLear-Gary v. Scott  
Date: July 11, 2018
Docket Number: A146719

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. McLear...

Richardson v. Department of Motor Vehicles  
Date: July 11, 2018
Docket Number: A148613

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 he...

People v. Ahmed  
Date: July 11, 2018
Docket Number: A149066

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. Und...

B.B. v. County of Los Angeles  
Date: July 11, 2018
Docket Number: B264946

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...

Shiver v. Laramee
Date: July 11, 2018
Docket Number: B283420M
World Business Academy v. Calif. State Lands etc.
Date: July 10, 2018
Docket Number: B284300M
National Asian American Coalition v. Brown  
Date: July 10, 2018
Docket Number: C079835

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 p...

Moreles v. 22nd District Agricultural Assn.  
Date: July 10, 2018
Docket Number: D072378

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 overt...

People v. Hurlic  
Date: July 9, 2018
Docket Number: B286082

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 w...

Caldera v. Dept. of Corrections & Rehabilitation  
Date: July 9, 2018
Docket Number: G053168

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...

Fisher v. State Personnel Bd.  
Date: July 6, 2018
Docket Number: C081957

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 ad...

Padda v. Super. Ct.  
Date: July 6, 2018
Docket Number: E070522

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 Temecul...

P. v. Killion
Date: July 5, 2018
Docket Number: E068225N
Juarez v. Wash Depot Holdings, Inc.  
Date: July 3, 2018
Docket Number: B282667

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 adopt...

Brown v. Smith  
Date: July 2, 2018
Docket Number: B279936

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 req...

Pacific Gas & Electric Co. v. Superior Court  
Date: July 2, 2018
Docket Number: C085308

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...

Young v. Cal. Fish & Game Com.  
Date: July 2, 2018
Docket Number: E067151

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 respondent...

In re Marriage of Binette  
Date: June 29, 2018
Docket Number: E068010

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 h...

People v. Almanza  
Date: June 28, 2018
Docket Number: B270903D

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 convic...

People v. Littlefield  
Date: June 28, 2018
Docket Number: B280646

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...

People v. Olvera  
Date: June 28, 2018
Docket Number: B281767

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 und...

In re S.O.  
Date: June 28, 2018
Docket Number: B281863

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....

In re A.R.  
Date: June 28, 2018
Docket Number: D072389

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 hearing...

Summers v. Superior Court
Date: June 27, 2018
Docket Number: A151128M
Lo v. Lee  
Date: June 27, 2018
Docket Number: A151603

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 Octob...

Williams v. Atria Las Posas  
Date: June 27, 2018
Docket Number: B282513

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...

California v. Bussey  
Date: June 27, 2018
Docket Number: C079797

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 o...

Abbott Laboratories v. Superior Court
Date: June 27, 2018
Docket Number: D072577M
P. v. Killion
Date: June 27, 2018
Docket Number: E068225M
Peralta v. The Vons Companies, Inc.  
Date: June 26, 2018
Docket Number: B282130

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 creat...

In re Sofia M.  
Date: June 26, 2018
Docket Number: G055752

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 b...

AHMC Healthcare, Inc. v. Superior Court  
Date: June 25, 2018
Docket Number: B285655

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 busine...

Daugherty v. City & County of San Francisco  
Date: June 22, 2018
Docket Number: A145863

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 o...

Estate of Post  
Date: June 22, 2018
Docket Number: A151975

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 benefi...

In re Poole  
Date: June 22, 2018
Docket Number: A152341

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...

Moofly Productions v. Favila  
Date: June 22, 2018
Docket Number: B282084

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.” Moo...

K.C. v. Superior Court  
Date: June 22, 2018
Docket Number: B287356

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 cou...

Mateel Environmental etc. v. Office of Environmental Health etc.
Date: June 21, 2018
Docket Number: A148711M
Metropolitan Water District of Southern California. v. Winograd  
Date: June 21, 2018
Docket Number: B276898

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...

Meeks v. AutoZone, Inc.  
Date: June 21, 2018
Docket Number: E061775

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, defendant-appell...

People v. Warren  
Date: June 21, 2018
Docket Number: F073159

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 fe...

Wassmann v. South Orange County Community College Dist.  
Date: June 21, 2018
Docket Number: G053411

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 rig...

In re Williams  
Date: June 20, 2018
Docket Number: B286241

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 n...

Reid v. City of San Diego
Date: June 20, 2018
Docket Number: D072493M
California v. Cortez  
Date: June 20, 2018
Docket Number: E064915

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 fi...

Hipsher v. Los Angeles County Employees Retirement Ass'n  
Date: June 19, 2018
Docket Number: B276486

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 Publ...

In re D.A.  
Date: June 19, 2018
Docket Number: B283932

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...

American Indian Health etc. v. Kent  
Date: June 19, 2018
Docket Number: C081338

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...

People v. Dawkins  
Date: June 18, 2018
Docket Number: A150774

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 fi...

Templo v. State of California  
Date: June 18, 2018
Docket Number: A151094

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 so...

Newland v. County of Los Angeles  
Date: June 18, 2018
Docket Number: B277638

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...

Shorts v. Superior Court  
Date: June 18, 2018
Docket Number: B285710

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 pre...

California v. Orozco  
Date: June 18, 2018
Docket Number: D067313A

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 Scho...

Saint Francis Memorial Hospital v. California Department of Public.Health  
Date: June 15, 2018
Docket Number: A150545

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 n...

In re E.A.  
Date: June 15, 2018
Docket Number: D073041

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. Minor...

Coyle v. Historic Mission Inn Corp.  
Date: June 15, 2018
Docket Number: E066265

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 lun...

People v. Saavedra  
Date: June 15, 2018
Docket Number: F073923

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 p...

California v. Smit  
Date: June 15, 2018
Docket Number: G055311

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 c...

Skidgel v. California Unemployment Insurance Appeals Board  
Date: June 14, 2018
Docket Number: A151224

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 reci...

Krolikowski v. San Diego City Employees' Retirement System  
Date: June 14, 2018
Docket Number: D071119

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...

Nationwide Biweekly Administration, Inc. v. Superior Court  
Date: June 13, 2018
Docket Number: A150264

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 an...

In re G.B.  
Date: June 13, 2018
Docket Number: A152105

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....

In re G.B.
Date: June 13, 2018
Docket Number: A152105M
World Business Academy v. California State Lands Commission  
Date: June 13, 2018
Docket Number: B284300

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 i...

In re C.A.  
Date: June 13, 2018
Docket Number: D073229

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.,...

Kaura v. Stabilis Fund II, LLC  
Date: June 13, 2018
Docket Number: E065751

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,...

Turnbull v. Lucerne Valley Unified School Dist.  
Date: June 13, 2018
Docket Number: E067436

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) di...

People v. McVey  
Date: June 12, 2018
Docket Number: B280966

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...

County of Ventura v. City of Moorpark  
Date: June 12, 2018
Docket Number: B282466

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...

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