California Courts of Appeal Decisions 2019

Mazik v. GEICO General Insurance Co.  
Date: May 17, 2019
Docket Number: B281372

Justia Opinion Summary: GEICO appealed a judgment awarding punitive damages to plaintiff for GEICO's bad faith breach of an insurance contract. The Court of Appeal affirmed the punitive damages award and held that there was sufficient evidence...

In re Marriage of George & Deamon  
Date: May 17, 2019
Docket Number: D073667

Justia Opinion Summary: In this dissolution proceeding, Stephanie George appeals an order requiring her to pay $10,000 in sanctions pursuant to Family Code section 271 to her ex-husband Daniel Deamon after Deamon was required to file a motion f...

California v. Carter  
Date: May 17, 2019
Docket Number: D073865M

Justia Opinion Summary: This case involved a crime that started as an attempted robbery, and ended in the death of three individuals: the victim of the attempted robbery and two of the defendants' cohorts involved in that crime. A jury convicte...

In re Marriage of Kent  
Date: May 17, 2019
Docket Number: D074529

Justia Opinion Summary: Appellant Molly Kent challenged a specific ruling of the family court on her request to modify a child custody and child support order issued by a North Carolina court. The family court granted in part and denied in part...

Barber v. CA State Personnel Bd.  
Date: May 17, 2019
Docket Number: E068719

Justia Opinion Summary: Plaintiff-appellant Patrick Barber's second appeal in this case raised an issue of first impression for the Court of Appeal's review. Upon remand from Barber’s first appeal (Barber I), defendant-respondent, the Californi...

Molina v. Super. Ct.  
Date: May 17, 2019
Docket Number: G056530

Justia Opinion Summary: Richard Molina challenged a trial court’s order denying his petition for writ of mandate to vacate his conviction pursuant to California v. Rodriguez, 55 Cal.4th 1125 (2012). Molina argued, and the Orange County District...

People v. Montiel  
Date: May 16, 2019
Docket Number: A150250

Justia Opinion Summary: After he molested his niece, Montiel was convicted of sexual penetration of a child 10 years of age or younger and of lewd or lascivious acts with a child under 14 years old and was sentenced to 15 years to life in priso...

Boatworks, LLC v. Alameda  
Date: May 16, 2019
Docket Number: A151063

Justia Opinion Summary: The Mitigation Fee Act (Gov. Code 66000) authorizes local agencies to impose fees on development projects to defray the cost of public facilities needed to serve the growth caused by the project if the fees are reasonabl...

SSL Landlord, LLC v. County of San Mateo
Date: May 16, 2019
Docket Number: A151318M
In re McGhee
Date: May 16, 2019
Docket Number: A153721M
California Charter Schools Assn. v. City of Huntington Park  
Date: May 16, 2019
Docket Number: B284162

Justia Opinion Summary: After Huntington Park enacted and extended an urgency ordinance that imposed a temporary moratorium on charter schools while it considered amending its zoning code, the Association petitioned for writ of mandate seeking...

People v. Smith  
Date: May 16, 2019
Docket Number: B291670

Justia Opinion Summary: Penal Code section 1381, which states that a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other "pending . . .criminal proceeding,"...

In re Robinson  
Date: May 16, 2019
Docket Number: B293216

Justia Opinion Summary: Proposition 66's procedures for appealing the denial of a petition for a writ of habeas corpus from the superior court to the Court of Appeal apply to a petition originally filed with the Supreme Court prior to Propositi...

Inzana v. Turlock Irrigation District Board of Directors  
Date: May 16, 2019
Docket Number: F075810

Justia Opinion Summary: Plaintiff filed a petition for writ of administrative mandamus, challenging both the Board's tree removal order and the cessation of his water deliveries. The Court of Appeal affirmed the trial court's denial of the peti...

Colombo v. Kinkle, Rodiger & Spriggs  
Date: May 16, 2019
Docket Number: G055823

Justia Opinion Summary: in 2005, the plaintiff in this matter, Ralph Colombo, was sued by his homeowners association, Nellie Gail Ranch Owners Association (Nellie Gail), in Orange County Superior Court. In March 2007, Nellie Gail obtained a jud...

People v. Jimenez  
Date: May 16, 2019
Docket Number: H044238

Justia Opinion Summary: Convicted on 15 counts of sexually molesting three victims over a two-year period, Jimenez was sentenced to an indeterminate term of 175 years to life in prison and a determinate term of four years four months; the sente...

County of Los Angeles Department of Public Social Services v. Civil Service Commission of Los Angeles County  
Date: May 15, 2019
Docket Number: B282614

Justia Opinion Summary: The Los Angeles County Civil Service Commission's special and limited jurisdiction does not extend to matters not delegated to it by the Charter of the County of Los Angeles. Real party in interest, who worked for the Co...

Gomes v. Mendocino City Community Services District  
Date: May 14, 2019
Docket Number: A153078

Justia Opinion Summary: Gomes, a Mendocino County homeowner, sought to invalidate an ordinance of the Mendocino City Community Services District, limiting the quantity of groundwater he may extract from his property. He contends that the statut...

Le Mere v. Los Angeles Unified School District  
Date: May 14, 2019
Docket Number: B281843

Justia Opinion Summary: The Court of Appeal affirmed the trial court's dismissal of plaintiff's Second Amended Complaint (SAC) against the school district and six of its employees, alleging a pattern of harassment, discrimination and retaliatio...

D.Z. v. Los Angeles Unified School District  
Date: May 14, 2019
Docket Number: B283799

Justia Opinion Summary: Plaintiff filed suit against the school district, alleging negligent supervision arising out of her claim that she was sexually abused by her high school teacher. Plaintiff also alleged that the school district knew or s...

California v. Zamora  
Date: May 14, 2019
Docket Number: E069607

Justia Opinion Summary: A jury convicted Richard Zamora of one count each of attempted murder, assault with a deadly weapon (handgun), robbery, and criminal threats. He was convicted on two counts of being a felon in possession of a firearm. In...

County of Orange v. Seneca Insurance Co.  
Date: May 14, 2019
Docket Number: G055660

Justia Opinion Summary: To secure a criminal defendant’s release from custody, appellant Seneca Insurance Company posted a $100,000 bail bond. The defendant later failed to appear in court as ordered, so the trial court ordered the bond forfeit...

Sands v. Walnut Gardens Condominium Assn.  
Date: May 13, 2019
Docket Number: B282241

Justia Opinion Summary: After plaintiffs filed suit against the Association and property manager for breach of contract and negligence, the trial court granted a nonsuit. Plaintiffs settled with the property manager but appealed against the ass...

P v. Julian
Date: May 13, 2019
Docket Number: B289613M
People v. R.G.  
Date: May 13, 2019
Docket Number: B290029

Justia Opinion Summary: Penal Code section 1170.95's petitioning procedure applies to a juvenile, like the one in this case, whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to the...

Global Financial Distributors v. Superior Court  
Date: May 13, 2019
Docket Number: B291814

Justia Opinion Summary: Code of Civil Procedure 418.10 applies before a defendant has made a general appearance. It allows a defendant filing a motion to dismiss an action for lack of personal jurisdiction to file simultaneously a motion to sta...

P. v. Salcido
Date: May 13, 2019
Docket Number: E067578M
Front Line Motor Cars v. Webb  
Date: May 13, 2019
Docket Number: G056061

Justia Opinion Summary: In two unrelated transactions, Front Line Motor Cars (Dealer), a used car dealer licensed by the California Department of Motor Vehicles (DMV), repossessed cars after the buyers failed to obtain financing. Dealer then re...

People v. Johnson  
Date: May 10, 2019
Docket Number: A149394

Justia Opinion Summary: A jury convicted Johnson of rape of an intoxicated person (Pen. Code 261(a)(3)) and the trial court sentenced him to eight years in prison. The court of appeal affirmed, rejecting an argument that the statute defining th...

Switzer v. Wood  
Date: May 10, 2019
Docket Number: F077206

Justia Opinion Summary: Appellant prevailed against respondents on causes of action that included fraud, conversion of property, and treble damages under Penal Code section 496. At issue on appeal, was the section 496 causes of action. In this...

Corrinet v. Bardy  
Date: May 9, 2019
Docket Number: A153241

Justia Opinion Summary: In February 2013, plaintiff, an attorney acting in pro per, filed suit, claiming breach of fiduciary duty and conversion. In May 2013, attorney Mencher filed a general denial answer on behalf of the defendants, asserting...

Mercury Insurance Co. v. Lara  
Date: May 9, 2019
Docket Number: G054496

Justia Opinion Summary: Defendant-appellant Ricardo Lara, the California Insurance Commissioner, filed a notice of noncompliance against plaintiffs-respondents Mercury Insurance Company, Mercury Casualty Company, and California Automobile Insur...

Mercury Insurance Co. v. Lara CA4/
Date: May 9, 2019
Docket Number: G054496M
In re H.D.  
Date: May 8, 2019
Docket Number: E070576

Justia Opinion Summary: Recognizing she suffered from addiction, S.D. (mother) agreed to let her ex-husband, E.D. (father), assume full custody of their two daughters, who had previously lived primarily with her, until she could get clean and s...

California v. Ramirez  
Date: May 8, 2019
Docket Number: G056522

Justia Opinion Summary: A jury found defendants Luis Alberto Ramirez and Jose Roberto Armendariz committed two gang-related murders when they were juveniles. The trial court originally sentenced Ramirez to life without the possibility of parole...

Key v. Tyler  
Date: May 7, 2019
Docket Number: B283979M

Justia Opinion Summary: The Court of Appeal modified its prior opinion and inserted the following paragraph: The probate court's orders (1) striking Key's No Contest Petition under Code of Civil Procedure section 425.16; (2) awarding attorney...

Cohen v. Kabbalah Centre International  
Date: May 7, 2019
Docket Number: B284446

Justia Opinion Summary: Plaintiff filed suit against the Kabbalah Centre International, seeking the return of a half million dollars she donated. The Court of Appeal held that the trial court properly granted summary adjudication against plaint...

California v. Warner  
Date: May 7, 2019
Docket Number: C077711

Justia Opinion Summary: This case had its origins in a shooting at a crowded bar. Defendant Shane Warner took a semiautomatic hand gun, concealed in his waistband into a bar and shot across the bar’s semi-dark dance floor, illuminated by a stro...

California v. Bates  
Date: May 7, 2019
Docket Number: C086471

Justia Opinion Summary: Defendant David Richard Bates was tried by jury and found guilty of voluntary manslaughter in the shooting death of M.H. He was sentenced to 18 years in state prison. On appeal, defendant contended the trial court erred...

P. v. Superior Court (J.C. Penney Corp., Inc.)
Date: May 6, 2019
Docket Number: B292416M
People v. Fox  
Date: May 3, 2019
Docket Number: A153133

Justia Opinion Summary: Fox was charged with eight felony counts, including two counts of attempted murder, and several firearm enhancements. He pleaded guilty to a single count of robbery, admitted to personally using a firearm during the offe...

Taniguchi v. Restoration Homes
Date: May 2, 2019
Docket Number: A152827M
People v. Gonzales  
Date: May 2, 2019
Docket Number: B289385

Justia Opinion Summary: A person charged with crime may not stand trial if he is mentally incompetent. Once defense counsel declares a doubt as to competence, it may not be withdrawn. The issue can only be resolved upon a trial court finding of...

California v. Salcido  
Date: May 2, 2019
Docket Number: E067578

Justia Opinion Summary: Defendant Sara Salcido provided immigration services. Under the Immigration Consultant Act (Act), with certain exceptions, it is illegal for a person to act as an “immigration consultant” (as defined in the Act) unless h...

Taniguchi v. Restoration Homes
Date: May 1, 2019
Docket Number: A152827A
McFadden v. L.A. County Treasurer and Tax Collector  
Date: May 1, 2019
Docket Number: B287190

Justia Opinion Summary: Plaintiff, who has been adjudicated a vexatious litigant, appealed the trial court's grant of its own motion to strike under Code of Civil Procedure section 436 and motion for judgment on the pleadings under section 438....

California v. Cawkwell  
Date: May 1, 2019
Docket Number: D074157

Justia Opinion Summary: A jury found Rennard Cawkwell guilty of communicating with a minor with the intent to commit a specified sex offense, and annoying or molesting a child. The trial court sentenced him to four years in prison and ordered t...

Muller v. Roy Miller Freight Lines, LLC  
Date: May 1, 2019
Docket Number: G055053

Justia Opinion Summary: Defendant Roy Miller Freight Lines, LLC (RMFL) appealed a trial court order granting in part and denying in part its motion to compel its former employee, plaintiff William Muller (Muller), to arbitrate his wage and hour...

California v. Bolding  
Date: May 1, 2019
Docket Number: G055187

Justia Opinion Summary: Defendant Jedadiah Bolding was convicted of one count of grand theft and eight counts of money laundering. On appeal, he challenged his money laundering convictions, in part, on the ground that the prosecution failed to...

Taniguchi v. Restoration Homes, LLC  
Date: April 30, 2019
Docket Number: A152827

Justia Opinion Summary: The Taniguchis obtained a $510,500 home loan, secured by a deed of trust. A 2009 loan modification reduced their monthly payments and deferred until the loan's maturity approximately $116,000 of indebtedness. The modific...

People v. Superior Court (Alexander C.)  
Date: April 30, 2019
Docket Number: A156194

Justia Opinion Summary: Proposition 57, enacted by voters in 2016, eliminated a district attorney’s ability to “direct file” charges in criminal court against minors who were 14 years of age or older at the time of their alleged crimes. Proposi...

People v. Morrison  
Date: April 30, 2019
Docket Number: B291804

Justia Opinion Summary: The Court of Appeal reversed the trial court's order dismissing a civil commitment petition after respondent was identified as a sexually violent predator (SVP). The court held that the Sexually Violent Predator Act requ...

In re White  
Date: April 30, 2019
Docket Number: E068801

Justia Opinion Summary: Petitioner Gregory White challenged the constitutionality of his conviction for second degree felony murder on the basis of the United States Supreme Court’s decision in Johnson v. United States, 135 S.Ct. 2551 (2015), a...

Goldstein v. California Unemployment Insurance Appeals Board  
Date: April 30, 2019
Docket Number: H043742

Justia Opinion Summary: Goldstein worked until March 2013. The Employment Development Department (EDD) granted him unemployment insurance benefits, which he received in March 2013 through August 10, 2013. In August 2013, he successfully applied...

Brown v. Pacifica Foundation, Inc.  
Date: April 29, 2019
Docket Number: A152824

Justia Opinion Summary: Pacifica, a California non-profit corporation, owns and operates public radio stations, including KPFK in Los Angeles. Brown was elected to be a “Delegate” of KPFK and subsequently to a position on Pacifica’s National Bo...

In re McGhee  
Date: April 29, 2019
Docket Number: A153721

Justia Opinion Summary: McGhee pleaded guilty to first-degree burglary. He received a four-year prison sentence. In 2016, the electorate passed Proposition 57, amending the state Constitution, “[a]ny person convicted of a nonviolent felony offe...

People v. Julian  
Date: April 29, 2019
Docket Number: B289613

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction of four counts of lewd acts upon a child and one count of sexual penetration with a child under 10 years old. The court held, among other things, that the People's expe...

California v. Accredited Surety & Casualty Co.  
Date: April 29, 2019
Docket Number: C086550

Justia Opinion Summary: Appellant Accredited Surety & Casualty Company (Accredited) appealed an order denying a motion to vacate forfeiture, exonerate bail, and set aside the summary judgment. Accredited contended: (1) the bail was set unconsti...

California v. Berg  
Date: April 29, 2019
Docket Number: D073749

Justia Opinion Summary: In this case, the trial court granted petitioner Jason Berg's petition for writ of habeas corpus, and the Court of Appeal issued an opinion in a prior appeal that constituted an "unqualified affirmance" of the order gran...

California v. Carter  
Date: April 29, 2019
Docket Number: D073865

Justia Opinion Summary: This case involved a crime that started as an attempted robbery, and ended in the death of three individuals: the victim of the attempted robbery and two of the defendants' cohorts involved in that crime. A jury convicte...

People v. Ramirez  
Date: April 26, 2019
Docket Number: B289077

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of felony hit-and-run driving causing death or injury to another. On appeal, defendant argued that the trial court committed evidentiary error by precluding admission o...

Chun v. Del Cid  
Date: April 26, 2019
Docket Numbers: B295140, B295141

Justia Opinion Summary: Landlord filed an unlawful detainer action against tenants. At issue was whether the property fell within the single-family dwelling exemption to the Rent Stabilization Ordinance of the City of Los Angeles. The Court of...

Chun v. Del Cid
Date: April 26, 2019
Docket Number: B295140
Tanimura & Antle Fresh Foods v. Salinas Union High School District  
Date: April 26, 2019
Docket Number: H045470

Justia Opinion Summary: The Mitigation Fee Act, Government Code 66000-66003, requires local agencies seeking to impose fees on private developers as a condition of approval of a development, to determine how there is a “reasonable relationship”...

Harry v. Ring the Alarm, LLC  
Date: April 25, 2019
Docket Number: B286084

Justia Opinion Summary: After plaintiff was injured while giving a tour of a noted architectural residence, he filed suit against James Goldstein and Ring the Alarm, LLC, the entity that hired him and hosted the party. The Court of Appeal held...

People v. Miramontes Cruz  
Date: April 25, 2019
Docket Number: F074667

Justia Opinion Summary: Defendant appealed the denial of his motion to withdraw his no contest plea to driving with a blood-alcohol level of 0.08 percent or more within 10 years of a prior felony DUI conviction, driving with a suspended license...

People v. Martinez  
Date: April 24, 2019
Docket Number: B289639

Justia Opinion Summary: The portion of CALCRIM No. 334 that instructs the jury that the burden is on the defendant to prove that it is more likely than not that the witness was an accomplice, should be omitted when the defendant is charged with...

California v. Mazumder  
Date: April 24, 2019
Docket Number: G054966

Justia Opinion Summary: Defendant Devashish Mazumder was charged with two assaultive felony sex offenses. As part of a negotiated plea, the State dismissed the two felony counts and Mazumder pleaded guilty to one count of misdemeanor simple bat...

Strouse v. Webcor Construction, L.P.  
Date: April 23, 2019
Docket Number: A148863

Justia Opinion Summary: Webcor, the general contractor for the rehabilitation of the California Memorial Football Stadium in Berkeley, hired ACCO to perform ventilation and plumbing services. Strouse, an ACCO employee, suffered a workplace inju...

SSL Landlord, LLC v. County of San Mateo  
Date: April 23, 2019
Docket Number: A151318

Justia Opinion Summary: The San Mateo County Assessor assessed Silverado’s assisted living facility’s fair market value for property tax purposes at $26.4 million for the October 2011 base year value assessment and the 2012/2013 regular assessm...

People v. Rodriguez  
Date: April 23, 2019
Docket Number: B287544

Justia Opinion Summary: Defendant was convicted of one count of second degree robbery and sentenced to nine years in prison. The Court of Appeal held that defendant did not forfeit his challenge to the trial court's reimbursement order under Pe...

P. v. Rodriguez
Date: April 23, 2019
Docket Number: B287544
Doe v. Westmont College  
Date: April 23, 2019
Docket Number: B287799

Justia Opinion Summary: Plaintiff challenged Westmont's Student Conduct Panel's determination that the evidence supported Jane Roe's accusation of sexual assault while plaintiff and Jane were students at the college. The Court of Appeal affirme...

SPRAWLDEF v. Dept. of Resources Recycling and Recovery  
Date: April 23, 2019
Docket Number: C066582

Justia Opinion Summary: This case involved issuance of a revised permit for the Potrero Hills Landfill in Solano County, pursuant to the California Integrated Waste Management Act. Appellant Sustainability, Parks, Recycling and Wildlife Defense...

Poncio v. Dept. of Resources Recycling & Recovery  
Date: April 23, 2019
Docket Number: C082614

Justia Opinion Summary: The Division of Recycling within the Department of Resources Recycling and Recovery (CalRecycle) granted Carolina Poncio a probationary certificate to run a recycling center. CalRecycle revoked her probationary certifica...

County of San Diego Dept. of Child Support Services v. C.A.  
Date: April 22, 2019
Docket Number: D074172

Justia Opinion Summary: The County of San Diego Department of Child Support Services (the Department) challenged an order denying its request for establishment of child support against C.A. (Mother), for her daughter J.H. J.H. lived in Maryland...

California v. Novoa  
Date: April 22, 2019
Docket Number: D074888

Justia Opinion Summary: In March 2003, Raul Novoa pled guilty to possession of methamphetamine for sale. The trial court sentenced him to 180 days in county jail and three years' probation. In 2012, the United States began deportation proceedin...

Oxford Preparatory Academy v. Edlighten Learning Solutions  
Date: April 22, 2019
Docket Number: G055685

Justia Opinion Summary: Defendant Edlighten Learning Solutions appealed a court order denying its petition to compel arbitration. Defendant entered into three contracts with plaintiff Oxford Preparatory Academy. One of the contracts was a manag...

N.T. v. H.T.  
Date: April 22, 2019
Docket Number: G055885

Justia Opinion Summary: A wife sought a domestic violence restraining order (DVRO) against her husband for violating the temporary restraining order (TRO) a trial court had issued against the husband eight months earlier. The court denied the D...

In re Taylor  
Date: April 19, 2019
Docket Number: A155328

Justia Opinion Summary: In 1991, 70-year-old Cary was shot and killed as she made a night deposit of the receipts from the liquor store where she worked. Davis, Taylor, Shackelfoot, and Lawless had planned the robbery. Davis attempted the robbe...

Key v. Tyler  
Date: April 19, 2019
Docket Number: B283979

Justia Opinion Summary: Plaintiff appealed the probate court's order striking her petition to enforce a no contest clause in a trust under the anti-SLAPP statute, Code of Civil Procedure 425.16, and denying her motion to recover attorney fees....

Du-All Safety, LLC v. Superior Court  
Date: April 18, 2019
Docket Number: A155119

Justia Opinion Summary: In 2015, Krein, a Tuolomne Water District employee, fell from a bridge and “sustained paraplegic injuries.” Du-All had contracted to periodically inspect the wastewater treatment plant, including the Bridge. Plaintiffs...

People v. Shiga  
Date: April 17, 2019
Docket Number: B256009A

Justia Opinion Summary: Defendant was convicted of aggravated arson, arson of a structure, arson of an inhabited structure, possession of flammable material, and second degree burglary arising from the 2011 burning down of St. John Vianney Cath...

People v. Bipialaka  
Date: April 17, 2019
Docket Number: B285656

Justia Opinion Summary: The Court of Appeal affirmed defendant's two convictions for using his car in an assault with a deadly weapon. The court held that substantial evidence supported defendant's conviction where he raced across an intersecti...

Cox v. Griffin  
Date: April 17, 2019
Docket Number: D074893

Justia Opinion Summary: In 2008, Lucinda Cox and Hollis Griffin, who had been friends for over 20 years, opened a cosmetology school together. Cox was one of the school's teachers and Griffin handled administration. The relationship deteriorate...

Brown v. Goldstein  
Date: April 16, 2019
Docket Number: B278949

Justia Opinion Summary: Plaintiffs, former and current members of the band WAR, filed suit for breach of contract, alleging that their music publisher failed to pay them a share of the royalties generated from public performances of the band's...

P. v. Medina
Date: April 16, 2019
Docket Number: B286117M
People v. Superior Court  
Date: April 16, 2019
Docket Number: B292416

Justia Opinion Summary: In the underlying actions, the People asserted claims under Business and Professions Code section 17501 against real parties in interest and alleged that real parties sold products online by means of misleading, deceptiv...

Burch v. CertainTeed Corp.  
Date: April 15, 2019
Docket Number: A151633

Justia Opinion Summary: Burch contracted mesothelioma following many years of installing asbestos-cement (A/C) pipe throughout California. Burch sued CertainTeed, an A/C pipe manufacturer, and won a verdict on claims for negligence, failure to...

Summers v. Colette  
Date: April 15, 2019
Docket Number: B285488

Justia Opinion Summary: Plaintiff, while a director of a nonprofit public benefit corporation called Wildlife Waystation, filed suit against defendants alleging claims of self-dealing and misconduct. The trial court sustained defendants' demurr...

People v. Hernandez  
Date: April 15, 2019
Docket Number: B287551

Justia Opinion Summary: Senate Bill No. 620 does not contain language authorizing resentencing of convictions after they became final. The Court of Appeal dismissed defendant's appeal challenging the trial court's order denying his motion to st...

California Department of Social Services v. Marin  
Date: April 15, 2019
Docket Number: B287769

Justia Opinion Summary: After plaintiff's administrative claim for an increase in the family's adoption assistance program (AAP) payments based on California State Foster Parent Assn. v. Wagner, (9th Cir. 2010) 624 F.3d 974, 978, was denied, th...

California v. Washington  
Date: April 15, 2019
Docket Number: C084503

Justia Opinion Summary: An onlooker called 911 to report that defendant Marcus Washington was walking around flashing a gun. Defendant fled on foot from responding police; officers eventually arrested defendant and recovered a loaded magazine a...

California v. Flores  
Date: April 12, 2019
Docket Number: D073215

Justia Opinion Summary: During his trial for the attempted murder of a police officer, defendant Roberto Flores repeatedly objected to his counsel's decision to admit Flores was driving the car that seriously injured the officer. In his profess...

Stennett v. Miller  
Date: April 12, 2019
Docket Number: G054989

Justia Opinion Summary: This case presented two issues for the Court of Appeals' review: (1) whether the nonmarital biological child of an absentee father who never openly held her out as his own have standing under Code of Civil Procedure sect...

People v. Easter  
Date: April 11, 2019
Docket Number: A148197

Justia Opinion Summary: Easter was charged with killing his wife. His attorney expressed doubts about his competency to stand trial. Proceedings were suspended while Easter was evaluated by medical professionals, one finding him competent to st...

People v. Morrison  
Date: April 11, 2019
Docket Number: A154092

Justia Opinion Summary: In October 2015, Morrison shot Magee several times during an argument. Magee’s girlfriend testified that Morrison pulled the gun from his own waistband and continued to shoot even after Magee was disabled. Morrison claim...

California v. Dearborne  
Date: April 11, 2019
Docket Number: G054763

Justia Opinion Summary: A jury convicted defendant Beau Dearborne of: human trafficking, kidnapping to commit a sex offense, two counts of forcible rape in concert, two counts of forcible oral copulation in concert, second degree robbery, two c...

People v. Edwards  
Date: April 10, 2019
Docket Number: A147103

Justia Opinion Summary: Chioma and Edwards were each convicted on multiple counts arising from their joint 2012 sexual assault and robbery of Jane Doe and robbery of her male friend. With “one-strike” (because they inflicted great bodily injury...

Subcontracting Concepts (CT), LLC v. De Melo  
Date: April 10, 2019
Docket Number: A152205

Justia Opinion Summary: When De Melo was hired, he signed SCI’s “Owner/Operator Agreement,” five pages long, typed in small font, with 27 clauses. The arbitration clause provides that if the parties are unable to settle a dispute, disputes “wit...

TransparentGov Novato v. City of Novato  
Date: April 10, 2019
Docket Number: A152324

Justia Opinion Summary: The Novato City Council approved construction of a solar-panel carport and a bus-transfer facility. In December 2015, two new members were sworn in; the Council elected Eklund as mayor. The Council's first business meeti...

Savea v. YRC Inc.  
Date: April 10, 2019
Docket Number: A152379

Justia Opinion Summary: Savea has been a YRC employee since 1998. YRC employees received wage statements that listed the employer name as YRC Freight and the employer address as 10990 Roe Avenue, Overland Park, KS 66211. In 2016, Savea filed an...

In re Caden C. CA1/
Date: April 10, 2019
Docket Number: A153925M
Diaz v. Sohnen Enterprises  
Date: April 10, 2019
Docket Number: B283077

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of Sohnen's motion to compel arbitration of workplace discrimination claims brought by plaintiff, an employee of Sohnen. The court held that the record demonstrated c...

Dudek v. Dudek  
Date: April 10, 2019
Docket Number: D073491

Justia Opinion Summary: Petitioner David Dudek appealed after the trial court sustained the demurrer of respondents Anne Kebisek Dudek, Tiffany Guzman, Jeanette Kebisek, Mary Kebisek, Guillermo Andrade, Maria Sanchez, Ora Day, Tonya Courtney, a...

Sonoma Media Investments, LLC v. Superior Court
Date: April 9, 2019
Docket Number: A151968M
In re Caden C.  
Date: April 9, 2019
Docket Number: A153925

Justia Opinion Summary: In 1986, Mother’s first child was detained at birth after mother and child tested positive for marijuana and cocaine. The pattern continued for 30 years: each of Mother’s six children would be removed from her care—somet...

People v. Stamps  
Date: April 9, 2019
Docket Number: A154091

Justia Opinion Summary: Defendant pled no contest to one count of residential burglary (Pen. Code 459) and admitted a prior serious felony conviction (section 667(a)(1)) in exchange for a stipulated nine-year sentence and the dismissal of other...

California v. Superior Court (Jones)  
Date: April 9, 2019
Docket Number: D074028

Justia Opinion Summary: In 1994, a jury convicted Bryan Jones of the first degree murders of JoAnn S. and Sophia G., attempted murder of Maria R. and Karen M., and the forcible rape, sodomy and oral copulation of Karen M. The jury also sustaine...

Long v. Forty-Niners Football Co., LLC
Date: April 8, 2019
Docket Number: A142818M
Sonoma Media Investments, LLC v. Superior Court  
Date: April 8, 2019
Docket Number: A151968

Justia Opinion Summary: Gallaher is a Santa Rosa real estate developer. During the 2016 Santa Rosa City Council election, The Press Democrat published five articles about substantial independent election expenditures made by Gallaher’s son-in-l...

People v. Corrigan  
Date: April 8, 2019
Docket Number: A154051

Justia Opinion Summary: Corrigan pleaded no contest to four charges, including one count of unlawfully causing a fire that caused an inhabited structure or inhabited property to burn under Penal Code section 452(b) and one count of unlawfully c...

Stokes v. Muschinske  
Date: April 8, 2019
Docket Number: B280116

Justia Opinion Summary: Plaintiff and his wife filed suit against defendant after defendant rear-ended a car driven by plaintiff and injured him. Defendant stipulated to the liability for the accident and the remaining issues were tried to a ju...

County of San Diego Dept. of Child Support Services v. C.P.  
Date: April 8, 2019
Docket Number: D073403

Justia Opinion Summary: In January 2013, the family court ordered respondent C.P. to pay monthly child support. From September 2013, through August 2017, C.P. was incarcerated in federal prison. Less than a month after his release, C.P. promptl...

Look v. Penovatz  
Date: April 8, 2019
Docket Number: H044754

Justia Opinion Summary: Penovatz and Rothert dissolved their marriage in 2006. Penovatz was to pay child support for Christopher, born in 1997, based on Penovatz having 69 percent timeshare with Christopher, and Rothert having 31 percent. The c...

In re Palmer  
Date: April 5, 2019
Docket Number: A154269

Justia Opinion Summary: In 1988, at age 17, Palmer pled guilty to kidnapping for robbery and was sentenced to life with the possibility of parole. He became eligible for parole in 1996 and, over the next 19 years, had 10 parole suitability hear...

York v. City of Los Angeles  
Date: April 5, 2019
Docket Number: B278254

Justia Opinion Summary: Plaintiffs appealed the trial court's denial of their mandate petition and grant of judgment on the pleadings on their inverse condemnation and civil rights causes of action. Plaintiffs' claims arose when the city grante...

P. v. Eddy
Date: April 5, 2019
Docket Number: C085091M
Martinez v. Public Employees' Retirement System  
Date: April 4, 2019
Docket Number: A153679

Justia Opinion Summary: The Public Employees Retirement Law, Government Code section 21156, defines disability as being “incapacitated physically or mentally.” A governmental employee loses the right to claim disability benefits if terminated f...

People v. Frandsen  
Date: April 4, 2019
Docket Number: B280329

Justia Opinion Summary: The Court of Appeal corrected a clerical error in the abstract of judgment, but otherwise affirmed defendant's conviction and sentence for second degree murder and involuntary manslaughter. The court held that the second...

Sass v. Cohen
Date: April 4, 2019
Docket Number: B283122M
Shoen v. Zacarias  
Date: April 4, 2019
Docket Number: B284374

Justia Opinion Summary: The Court of Appeal held that the trial court's grant of an irrevocable license was an abuse of discretion because the court construed the "substantial expenditure" requirement too permissively and used the wrong legal s...

People v. J.G.  
Date: April 4, 2019
Docket Number: B287487

Justia Opinion Summary: The juvenile defendant committed a misdemeanor for disturbing the peace on school grounds after he called a teacher, who was trying to stop a fist fight involving defendant, a racial slur. The juvenile court judge grante...

Friends of Spring Street v. Nevada City  
Date: April 4, 2019
Docket Number: C086563

Justia Opinion Summary: An association (plaintiff, Friends of Spring Street) filed a petition for writ of mandate and complaint for declaratory and injunctive relief at superior court, challenging a determination by defendant Nevada City (the C...

Point San Pedro Road Coalition v. County of Marin  
Date: April 3, 2019
Docket Number: A150002

Justia Opinion Summary: The Quarry produced alsphaltic concrete from material minded on-site and imported sand, in eastern San Rafael. It became a nonconforming use in 1982, when the property was rezoned for commercial and residential use. In 2...

Ryze Claim Solutions LLC v. Superior Court  
Date: April 3, 2019
Docket Number: A155842

Justia Opinion Summary: Ryze’s headquarters and principal place of business was in Noblesville, Indiana. In 2014, Ryze hired Nedd, a California resident, to work for Ryze in El Cerrito. In 2017, Ryze terminated Nedd’s employment. Nedd filed a w...

In re M.S.
Date: April 3, 2019
Docket Number: B280998M
Workman v. Colichman  
Date: April 3, 2019
Docket Numbers: B285945, B288322

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendants' special motion to strike under the anti-SLAPP statute, because information about the views from a private residence affecting only those directly inter...

Western Heritage Insurance Co. v. Frances Todd, Inc.  
Date: April 2, 2019
Docket Number: A152428

Justia Opinion Summary: The Covenants for Berkeley’s East Shore Commercial Condominiums Owners’ Association require it to maintain a master policy of all risk property insurance coverage, naming as insured the Association, the owners and all mo...

P. v. Joseph
Date: April 2, 2019
Docket Number: B285062M
Komorsky v. Farmers Insurance Exchange  
Date: April 2, 2019
Docket Number: B286443

Justia Opinion Summary: Plaintiff appealed a judgment in favor of Farmers Insurance Exchange and Truck Insurance Exchange after the trial court determined that she was entitled to coverage under the Farmers policy as an heir of an insured under...

Grafilo v. Wolfsohn  
Date: April 2, 2019
Docket Number: B287080

Justia Opinion Summary: The Court of Appeal reversed the trial court's order compelling defendant to produce the medical records of five of his patients pursuant to a subpoena issued by an investigator with the Medical Board of California, a un...

National Asian American Coalition v. Newsom  
Date: April 2, 2019
Docket Number: C079835A

Justia Opinion Summary: A federal lawsuit, to which 49 states and the District of Columbia had joined, ended in a settlement agreement (the National Mortgage Settlement, or "NMS"), the terms of which the federal court formally entered as consen...

Rel v. Pacific Bell Mobile Services  
Date: March 29, 2019
Docket Number: A152225

Justia Opinion Summary: Tucker filed suit in December 2003, under the unfair competition law, challenging Cingular’s marketing of mobile phone monthly rates. Plaintiff Hodge was added after Tucker lost standing. After several years of motions,...

In re C.W.  
Date: March 29, 2019
Docket Number: A152993

Justia Opinion Summary: C.W. was born in 2002. His father, Rusty, moved to Louisiana and started a new family. Before Rusty left, the four-year-old daughter of a friend had accused him of sexual abuse. Rusty had practically no contact with C....

Wright v. County of San Mateo  
Date: March 29, 2019
Docket Number: A153687

Justia Opinion Summary: Revenue and Taxation Code section 69.5, implementing 1986’s Proposition 60, allows qualified homeowners over 55 years of age to transfer the property tax basis of their principal residence to a replacement dwelling of eq...

Walnut Creek Police Officers' Assn. v. City of Walnut Creek
Date: March 29, 2019
Docket Number: A156477
Molinaro v. Molinaro  
Date: March 29, 2019
Docket Number: B282014

Justia Opinion Summary: Husband appealed a restraining order issued under the Domestic Violence Prevention Act (DVPA) commanding him, among other things, to stay at least 100 yards away from his wife and three children. The Court of Appeal held...

Mesa RHF Partners, LP v. City of Los Angeles  
Date: March 29, 2019
Docket Numbers: B288355, B288356

Justia Opinion Summary: The Court of Appeal affirmed the trial court's orders denying Mesa, Hill, and Olive's motions to enforce settlement agreements under Code of Civil Procedure section 664.6. Although the trial court denied the motions on t...

Bravo v. RADC Enterprises, Inc.  
Date: March 29, 2019
Docket Number: B289506

Justia Opinion Summary: The choice-of-law clause in an arbitration agreement required that all individual claims must be arbitrated. Plaintiff filed suit against RADC on individual employment claims, as well as on representative claims under th...

People v. Chamagua  
Date: March 29, 2019
Docket Number: B290057

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence, holding that a consensual encounter between a police officer and a citizen did not implicate the Fourth Amendment. The cou...

California v. Weir  
Date: March 29, 2019
Docket Number: D073626

Justia Opinion Summary: Zachary Weir was convicted on four counts of felony possession of personal identifying information. On appeal, Weir contended his felony convictions should have been classified as misdemeanors under Proposition 47's enac...

Estate of Herzog  
Date: March 29, 2019
Docket Number: E068698

Justia Opinion Summary: Lieselotte Herzog (the Decedent) died intestate on October 17, 2013. In April 2014, the probate court issued letters of administration appointing Winnfred Herzog (Nephew) as the administrator of the estate. Kemp & Associ...

Connelly v. Bornstein  
Date: March 28, 2019
Docket Number: A152375

Justia Opinion Summary: In July 2012, Maguire, represented by attorney Bornstein, brought an unlawful detainer action against Connelly. In September 2012, Maguire voluntarily dismissed the unlawful detainer action. On September 16, 2014, Connel...

People v. Morales  
Date: March 28, 2019
Docket Number: A152525

Justia Opinion Summary: A woman, inspecting property on which her family was in escrow, saw a van backed up to the garage door. Morales got out of the van and claimed to be interested in buying the property. When the woman took photos of the va...

People v. Salinas-Jacobo  
Date: March 28, 2019
Docket Number: A152729

Justia Opinion Summary: Following a murder trial, the foreperson wrote a note stating the jury was deadlocked on count 2, and “[f]rustrations are running high.” A second note stated, “I do not feel the dissenting juror is basing their dissent o...

In re J.C.
Date: March 28, 2019
Docket Number: A154389
In re J.C.  
Date: March 28, 2019
Docket Number: A154389A

Justia Opinion Summary: Minor, age 16, admitted to carjacking with a personal firearm use enhancement. The probation officer recommended the juvenile court adjudge Minor a ward of the court; remove him from parental custody; commit him to a cou...

Zakaryan v. The Men's Warehouse, Inc.  
Date: March 28, 2019
Docket Number: B289192

Justia Opinion Summary: If an employee brings a solitary Labor Code Private Attorneys General Act of 2004 (PAGA) claim, a trial court may not split that claim, sending the employee to arbitration (when he has agreed to it) to recover his underp...

People v. Warren  
Date: March 28, 2019
Docket Number: B289648

Justia Opinion Summary: The Court of Appeal reversed the trial court's order declaring defendant a mentally disordered offender (MDO) and committing him to the Department of Mental Health for treatment. The court held that the evidence was insu...

JPMorgan Chase Bank, N.A. v. Ward  
Date: March 28, 2019
Docket Number: D073378

Justia Opinion Summary: Walter Ward took out a secured loan in 2007 without indicating whether he signed the deed of trust (DOT) conveying his property to the lender in his individual capacity or in his capacity as sole trustee of the trust in...

Chen v. Berenjian  
Date: March 28, 2019
Docket Number: G055496

Justia Opinion Summary: After obtaining money judgments against Shazad Berenjian, Pang Yen Chen sued him and his brother Sharmad for fraudulent transfer under the Uniform Voidable Transactions Act (UVTA). Chen alleged Shazad and Sharmad had att...

Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.  
Date: March 28, 2019
Docket Number: H044953

Justia Opinion Summary: After its workers’ compensation insurance premiums rapidly increased, Jackpot believed that Applied Underwriters had mishandled its claims and had wrongfully failed to disclose how it calculated premiums. Jackpot filed s...

Wade v. Superior Court  
Date: March 28, 2019
Docket Number: H045813

Justia Opinion Summary: Wade, an active duty member of the Army Special Forces Group and affiliated with the Naval Postgraduate School in Monterey, was charged with misdemeanor driving under the influence (DUI) with a blood alcohol concentratio...

People v. Wilson  
Date: March 27, 2019
Docket Number: A150500

Justia Opinion Summary: Defendant was convicted of 12 counts of lewd acts against a child younger than 14, the daughter of his live-in girlfriend (Pen. Code 288(b)(1)), and one count of continuous sexual abuse of the same child (288.5(a)). He...

Valdez v. Seidner-Miller, Inc.  
Date: March 27, 2019
Docket Number: B281003

Justia Opinion Summary: Where a business conditions its offer to remedy a violation of the Consumer Legal Remedies Act (CLRA) on the consumer waiving his or her right to injunctive relief and remedies under other statutes and common law, the of...

Johnson v. Raytheon Co.  
Date: March 27, 2019
Docket Number: B281411

Justia Opinion Summary: After plaintiff was seriously injured when he fell from a ladder at work, he filed suit against several defendants, alleging they were all responsible for the unsafe conditions which led to his fall. Plaintiff was employ...

Farmers & Merchants Trust Co. v. Vanetik  
Date: March 27, 2019
Docket Number: G053688

Justia Opinion Summary: Yuri Vanetik and his father, Anatoly (Tony), were involved with a number of interrelated companies in the business of oil exploration in Russia. Yuri approached his friend, Elliot Broidy, about investing in one of those...

Brooks v. Brooks  
Date: March 27, 2019
Docket Number: H043467

Justia Opinion Summary: Husband co-founded DigiDesign before his 1989 marriage to Wife. They separated in 2009. In a dissolution action, the court applied the “Van Camp” formula to apportion the appreciation of the DigiDesign stock during the m...

Long v. Forty Niners Football Co.  
Date: March 26, 2019
Docket Number: A142818

Justia Opinion Summary: In August 2011, Long was shot by a third-party assailant in the Candlestick Park parking lot after a professional football game. Long sued the San Francisco Forty-Niners, Ltd. in state court, alleging breach of contract,...

Deere & Co. v. Allstate Ins. Co.
Date: March 26, 2019
Docket Number: A145170M
Los Angeles County Metropolitan etc. v. Yum Yum Donut Shops
Date: March 26, 2019
Docket Number: B276280M
Grossman v. Santa Monica-Malibu Unified School District  
Date: March 26, 2019
Docket Number: B283956

Justia Opinion Summary: After plaintiff suffered serious injuries when he fell off an inflatable slide while attending a carnival held at a school campus owned by the district, he filed suit alleging that he fell because the inflatable slide wa...

People v. Castellano  
Date: March 26, 2019
Docket Number: B286317

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of possession of cocaine base for sale. The court held that defendant forfeited his challenge to an officer's testimony because he failed to object at trial; defendant...

Olson v. Hornbrook Community Services Dist.  
Date: March 26, 2019
Docket Number: C084494

Justia Opinion Summary: These appeals arose from five dismissals entered against plaintiffs Roger Gifford and Kimberly Olson on their separately initiated litigation under the Ralph M. Brown Act (the Act) against the Hornbrook Community Service...

California v. Eddy  
Date: March 26, 2019
Docket Number: C085091

Justia Opinion Summary: Defendant Morgan Eddy and the victim often spent time at Lonnie L.’s apartment. At some point, however, Lonnie decided that defendant was no longer allowed in the residence. On the day of the victim’s death, defendant ca...

Last Frontier Healthcare Dist. v. Superior Ct.  
Date: March 26, 2019
Docket Number: C087953

Justia Opinion Summary: This case arose out of an allegedly negligent surgery performed on real party in interest Jamie Harper at the Modoc Medical Center. Harper did not present a claim to petitioner Last Frontier Healthcare District, doing bu...

In re Hernandez  
Date: March 26, 2019
Docket Number: G054623

Justia Opinion Summary: The Court of Appeal granted Reyna Hernandez’s petition for writ of habeas corpus seeking to have her conviction for possession of methamphetamine for the purpose of sale vacated and the opportunity to withdraw her guilty...

P. ex rel. Becerra v. Huber
Date: March 25, 2019
Docket Number: A144214M
Millview County Water Dist. v. State Water Resources Control Bd.
Date: March 25, 2019
Docket Number: A146605M
South of Market Community etc. v. City and County of San Francisco  
Date: March 25, 2019
Docket Number: A151521

Justia Opinion Summary: Forest City proposed a four-acre mixed-use development, bounded by Mission, Fifth, Howard, and Mary Streets. The area has eight existing buildings. The San Francisco Planning Department released its draft environmental...

Whyenlee Industries Ltd. v. Superior Court  
Date: March 25, 2019
Docket Number: A155008

Justia Opinion Summary: Plaintiffs sued to set aside "fraudulent and voidable transactions” implemented to “hide millions of dollars in assets” after plaintiffs obtained a $68 million judgment in 2016. Plaintiffs added Admiring Dawn, a Hong Kon...

Zakk v. Diesel  
Date: March 25, 2019
Docket Number: B284432

Justia Opinion Summary: George Zakk filed suit against Vin Diesel, One Race Films, Inc., and Revolution Studios for breach of an oral contract, breach of an implied-in-fact contract, intentional interference with contractual relations, quantum...

Salgado v. Carrows Restaurants, Inc.  
Date: March 25, 2019
Docket Number: B285756

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying Carrows' motion to compel arbitration. The court held that the language of the arbitration agreement was sufficient to apply to the current action. However, th...

P. v. Orozco
Date: March 25, 2019
Docket Number: B288942N
Boling v. Public Employment Relations Bd.  
Date: March 25, 2019
Docket Number: D069626A

Justia Opinion Summary: This case arose from a Public Employment Relations Board (PERB) finding that the City of San Diego (City) violated the Meyers-Milias-Brown Act when the City's mayor made a policy decision to advance a citizens' pension r...

In re Charlotte C.  
Date: March 25, 2019
Docket Number: D074022

Justia Opinion Summary: Minor Charlotte C. contended the juvenile court erred in denying her counsel's request for her relatives' RFA assessment information. She argued a number of statutory and regulatory exceptions allowed minor's counsel to...

Oliverez v. Oliverez  
Date: March 25, 2019
Docket Number: H044451

Justia Opinion Summary: The parties married in 1993; in 2007 Wife sought dissolution. After the court declined to enforce a 2008 purported marital settlement Agreement, it held a 15-day trial, reconsidered its previous ruling and entered judgme...

People v. Castillero  
Date: March 25, 2019
Docket Number: H044944

Justia Opinion Summary: Castillero was charged with serious sexual offenses that occurred when he was 14-15 years old. The juvenile court found him unfit for juvenile adjudication and transferred the matter to a court of criminal jurisdiction....

CA Dept. of Finance v. City of Merced  
Date: March 22, 2019
Docket Number: C085761

Justia Opinion Summary: The City of Merced (City) participated in the normal due diligence review (DDR) process to review what, if any, monies had to be disgorged when its former RDA was statutorily dissolved. The City did not initiate a judici...

Nieto v. Fresno Beverage Co.  
Date: March 22, 2019
Docket Number: F074704

Justia Opinion Summary: After plaintiff was terminated from VWB, he filed a class action against the company alleging various wage and hour violations under California labor law. The Court of Appeal affirmed the trial court's denial of VWB's pe...

People v. Maya  
Date: March 21, 2019
Docket Number: B290589

Justia Opinion Summary: The Court of Appeal affirmed an order denying defendant's motion to expunge his misdemeanor conviction for possession of methamphetamine following his successful motion to reduce the felony conviction to a misdemeanor. I...

Bevis v. Terrace View Partners, LP  
Date: March 21, 2019
Docket Number: D071849

Justia Opinion Summary: Sixty-nine current and former residents of mobilehome park Terrace View Mobile Home Estates filed a lawsuit against the park's owners, Terrace View Partners, LP, Thomas Tatum, Jeffrey Kaplan, and management company, Mobi...

Retired Oakland Police Officers Association v. Oakland Police and Fire Retirement System  
Date: March 20, 2019
Docket Number: A148987

Justia Opinion Summary: The Retired Oakland Police Officers Association obtained a writ of mandate against the Oakland Police and Fire Retirement System directing that master police officer-terrorism pay (MPO pay) be included in the calculation...

Herriott v. Herriott  
Date: March 20, 2019
Docket Number: B287997

Justia Opinion Summary: This case involved a divorced, elderly couple who each requested a restraining order against the other. The trial court granted both requests and ex-husband appealed. The court affirmed and held that the trial court did...

Ione Valley Land, Air, and Water etc. v. County of Amador  
Date: March 20, 2019
Docket Number: C081893

Justia Opinion Summary: In 2012, the County of Amador (County) certified a final environmental impact report (EIR) and approved the Newman Ridge Project (Project), an aggregate quarry and related facilities near Ione owned by real parties in in...

Paradise Irrigation Dist. v. Commission on State Mandates  
Date: March 20, 2019
Docket Number: C081929A

Justia Opinion Summary: This appeal focused on circumstances in which local water and irrigation districts were entitled to subvention for unfunded state mandates. The Commission on State Mandates (Commission). The Commission denied consolidate...

People v. Hargis  
Date: March 20, 2019
Docket Number: F076087

Justia Opinion Summary: Defendant, then a minor, was directly charged and tried as an adult. Defendant's convictions and sentence were affirmed on appeal, and the matter was remanded to the trial court for the limited purpose of permitting him...

People v. Medina  
Date: March 19, 2019
Docket Number: B286117

Justia Opinion Summary: Defendants Silva and Medina, members of the Headhunters gang, appealed their convictions for four counts of attempted murder and four counts of assault with a firearm. Medina also appealed his sentence. In the published...

Barenborg v. Sigma Alpha Epsilon Fraternity  
Date: March 19, 2019
Docket Number: B289766

Justia Opinion Summary: After plaintiff was injured at a frat party, she filed suit against Sigma Alpha Epsilon Fraternity for negligence. The Court of Appeal affirmed the trial court's grant of summary judgment for the fraternity, holding that...

In re the Marriage of C.T. and R.B.  
Date: March 19, 2019
Docket Number: E070089

Justia Opinion Summary: Appellant C.T. (Mother) appealed an order changing primary physical custody of her minor son, A.B. to A.B.’s father, respondent R.B. (Father), in Arkansas. A.B. lived with Mother since his birth in 2006; Mother and Fathe...

Jarvis v. Jarvis  
Date: March 19, 2019
Docket Number: H044930

Justia Opinion Summary: Jarvis Properties, a limited partnership, owns a parcel of land. Its general partners, Todd and James (brothers), each own a 50 percent interest in the partnership, which is less than the majority consent required to act...

People v. Chatman  
Date: March 18, 2019
Docket Number: A151408

Justia Opinion Summary: Defendant was convicted of one count of unauthorized use of personal identifying information, Penal Code section 530.5(a); four counts of fraudulent possession of personal identifying information with a prior conviction,...

Boyer v. Ventura County  
Date: March 18, 2019
Docket Number: B289919

Justia Opinion Summary: The Court of Appeal denied a petition for writ of mandate seeking to compel defendants to put plaintiff on the primary election ballot for county sheriff. The court affirmed the trial court's ruling that Government Code...

P. v. Perry
Date: March 15, 2019
Docket Number: A153649M
Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation  
Date: March 15, 2019
Docket Number: A154581

Justia Opinion Summary: Richmond issued its first medical marijuana collective permit to RCCC. Three other permits were later issued. The ordinance was amended to reduce the number of dispensary permits from six to three; if a permitted dispens...

Synergy Project Management, Inc. v. City and County of San Francisco  
Date: March 14, 2019
Docket Number: A151199

Justia Opinion Summary: The Subletting and Subcontracting Fair Practices Act governs public works projects, requires a prime contractor to obtain the awarding authority's consent before replacing a subcontractor listed in the original bid (Pub....

Ron Miller Enterprises, Inc. v. Lobel Financial Corp.  
Date: March 14, 2019
Docket Number: F076205

Justia Opinion Summary: Plaintiff, a provider of short term loans to automobile dealers, who still retained the title certificates for the vehicles and believed it had a perfected security interest, filed suit against defendant for the amounts...

Fudge v. City of Laguna Beach
Date: March 14, 2019
Docket Number: G055711M
People v. Alvarez  
Date: March 12, 2019
Docket Number: A152349

Justia Opinion Summary: In 2008 Alvarez pled not guilty by reason of insanity (NGI) to felony assault with a firearm on a firefighter or peace officer, with a firearm enhancement, and was committed to Napa State Hospital for a maximum commitmen...

1305 Ingraham, LLC v. City of Los Angeles  
Date: March 12, 2019
Docket Number: B287327

Justia Opinion Summary: Ingraham filed a petition for writ of mandate alleging that a mixed-use commercial and affordable housing development project failed to comply with the California Environmental Quality Act (CEQA). Then Ingraham filed an...

Myers v. Raley's  
Date: March 12, 2019
Docket Number: C075125

Justia Opinion Summary: Plaintiffs Roger Myers, Dave Billings, Greg Neyhart, and Jim Mestas were nonexempt maintenance technicians for Raley’s grocery stores. Plaintiffs alleged they were required to drive company vehicles carrying their own to...

Centex Homes v. R-Help Construction Co., Inc.  
Date: March 11, 2019
Docket Number: B276708

Justia Opinion Summary: In the underlying action, a plaintiff filed a tort action against the subcontractor and developer for injuries allegedly arising from the subcontractor's work. The subcontractor did not defend the developer, and the jury...

In re M.S.  
Date: March 11, 2019
Docket Number: B280998

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's order sustaining the allegations of a Welfare and Institutions Code section 602 petition and declaring M.S. a ward of the court. The court held that sufficient evidence e...

Marriage of Martin  
Date: March 11, 2019
Docket Number: E069481

Justia Opinion Summary: Upon ending their marriage, respondent Craig Martin (husband) agreed to pay appellant Cynthia Martin (wife) spousal support for a period of four years. After discovering that wife had remarried, husband stopped paying sp...

Shrewsbury Management, Inc. v. Superior Court  
Date: March 11, 2019
Docket Number: H043166

Justia Opinion Summary: Shrewsbury obtained a $1,385,601.27 judgment against Boucher. In connection with a judgment debtor examination of Boucher under Code of Civil Procedure section 708.110, and seeking information about his finances, Shrewsb...

People v. Anthony  
Date: March 8, 2019
Docket Number: A139352

Justia Opinion Summary: In 2009, on a residential street in Berkeley, a masked man exited a gold Cadillac occupied by three other men and fired 17 shots from a semiautomatic assault rifle at 25-year-old Davis as he walked down the street. The s...

Su v. Stephen S. Wise Temple  
Date: March 8, 2019
Docket Number: B275426

Justia Opinion Summary: Commissioner, on behalf of preschool teachers employed by the Temple, filed suit alleging that the Temple violated various provisions of the Labor Code by failing to provide its preschool teachers with rest breaks, unint...

People v. Barton  
Date: March 8, 2019
Docket Number: F076599

Justia Opinion Summary: Where a defendant negotiates a plea for a stipulated sentence and waives the right to appeal the sentence, the defendant may not take advantage of a favorable sentencing law enacted thereafter (which may otherwise apply...

Boschetti v. Pacific Bay Investments Inc.  
Date: March 7, 2019
Docket Number: A148464

Justia Opinion Summary: Boschetti sued Pacific Bay, Sparks, and others, alleging that Boschetti and Sparks owned commercial real property through membership in limited liability companies and partnerships, that defendants provide real property...

Sass v. Cohen  
Date: March 7, 2019
Docket Number: B283122

Justia Opinion Summary: A default judgment may not be entered for an amount in excess of the demand in the operative pleadings when the plaintiff seeks an accounting or valuation of a business. A comparison of whether a default judgment exceeds...

P. v. Orozco
Date: March 7, 2019
Docket Number: B288942M
Southcott v. Julian-Cuyamaca Fire Protection Dist.  
Date: March 7, 2019
Docket Number: D074324

Justia Opinion Summary: The board of directors of the Julian-Cuyamaca Fire Protection District (District) passed a resolution to apply to the San Diego Local Agency Formation Commission (Commission) to dissolve the District. A group of Julian r...

Landau v. Super. Ct.  
Date: March 7, 2019
Docket Number: G056050

Justia Opinion Summary: In 2009, a jury found petitioner Sid Landau to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act (SVPA). The trial court committed Landau to the custody of the State Department...

Marriage of Wong  
Date: March 7, 2019
Docket Number: G057202

Justia Opinion Summary: Appellant Elizabeth Wong appealed nonappealable orders and the trial court erred by staying its proceedings pursuant to Code of Civil Procedure section 916(a). The Court of Appeal remanded this case for: (1) the trial co...

People v. Camacho  
Date: March 6, 2019
Docket Number: B288159

Justia Opinion Summary: Defendant appealed the trial court's denial of his motion, pursuant to Penal Code section 1473.7, to vacate his conviction for possession of marijuana for sale, on the ground that prejudicial errors were made which damag...

People v. Kelly  
Date: March 6, 2019
Docket Number: B291220

Justia Opinion Summary: Defendant, a three strikes offender, stipulated to an 18-year state prison sentence in exchange for a plea to first degree burglary of a residence with another person present. After the trial court sentenced defendant, s...

In re D.D.  
Date: March 6, 2019
Docket Number: C086808

Justia Opinion Summary: Appellant F.C. (mother) appealed a juvenile court’s order removing her four children from her custody Mother challenged the sufficiency of the evidence to support the court’s findings that the previous placement with her...

Juen v. Alain Pinel Realtors, Inc.  
Date: March 6, 2019
Docket Number: H043230

Justia Opinion Summary: Plaintiff engaged Pinel to sell his Danville home in 2008. In 2015 he filed a putative class action lawsuit on behalf of California residents who, in 2004-2011, used Pinel to buy or sell a home in California and had util...

People v. Joseph  
Date: March 5, 2019
Docket Number: B285062

Justia Opinion Summary: A jury found defendant guilty of two counts of second degree robbery in violation of Penal Code section 211 (count 1 and 2) and one count of perjury by declaration in violation of Penal Code section 118, subdivision (a)...

Citrus El Dorado v. Chicago Title Co.  
Date: March 5, 2019
Docket Number: E067938

Justia Opinion Summary: A commercial developer lost a parcel of real property in a trustee’s sale following a nonjudicial foreclosure. It sued the title company that conducted the sale as a trustee. The Court of Appeal concluded upon review of...

Anderson v. Shiomoto
Date: March 5, 2019
Docket Number: E069398M
Preven v. City of Los Angeles  
Date: March 4, 2019
Docket Number: B287559

Justia Opinion Summary: Given the plain language of California's open meeting law (the Ralph M. Brown Act), Government Code 54954.3(a), and its legislative history, the Brown Act does not permit limiting comment at special city council meetings...

People v. Johnson  
Date: March 4, 2019
Docket Number: B290213

Justia Opinion Summary: Senate Bill No. 620 does not automatically trigger resentencing for a prisoner who was previously found to have used a firearm in the commission of a felony. The Court of Appeal affirmed the trial court's denial of defen...

People v. Smith  
Date: March 1, 2019
Docket Number: A141594

Justia Opinion Summary: Multiple charges were brought against Bennett and Smith in connection with a 2013 altercation between two groups of teenagers outside of the Bayfair BART station in San Leandro, which escalated to the point where shots w...

People v. Perry  
Date: March 1, 2019
Docket Number: A153649

Justia Opinion Summary: In 2010, appellant pled no contest to unauthorized possession of marijuana in prison (Penal Code 4573.6). A charge of bringing drugs into a prison and an alleged prior conviction for first-degree robbery were dismissed....

The Insurance Company of the State of Pennsylvania v. American Safety Indemnity Co.  
Date: March 1, 2019
Docket Number: B283684

Justia Opinion Summary: After plaintiff's insured (a general contractor) secured a default judgment against defendant's insured (a subcontractor), when a homeowner obtained an arbitration award against the general contractor, plaintiff indemnif...

People v. Matthews  
Date: February 28, 2019
Docket Number: B286202

Justia Opinion Summary: A trial court's mistake pertaining to a superfluous element of the law does not constitute instructional error. In this case, the Court of Appeal held that the trial court did not commit instructional error and the prose...

People v. Orozco  
Date: February 28, 2019
Docket Number: B288942

Justia Opinion Summary: A suspect's invocation of his right to counsel under Miranda v. Arizona does not preclude the admission of a confession a suspect subsequently makes to a person he is unaware is functioning as an agent of law enforcement...

In re L.W.  
Date: February 28, 2019
Docket Number: B290992

Justia Opinion Summary: After mother asked her doctor to help her stop using cocaine, the doctor referred the family to DCFS. The Court of Appeal held that the juvenile court correctly asserted jurisdiction over mother and daughter based on mot...

California v. Alvarez  
Date: February 28, 2019
Docket Number: D074457

Justia Opinion Summary: After consuming alcohol, marijuana and cocaine, defendant Eduardo Alvarez drove through traffic at high speeds, ran a red light and broadsided another car, killing its passenger. A jury convicted him of second degree mur...

California v. Dimacali  
Date: February 28, 2019
Docket Number: D074680

Justia Opinion Summary: Lourdes Dimacali was charged with a single count of misdemeanor hit-and-run driving after she was involved in a 2016 incident with M.T. The State alleged Dimacali was the driver of a vehicle involved in an accident resul...

Martinez v. O'Hara  
Date: February 28, 2019
Docket Number: G054840

Justia Opinion Summary: Following the termination of his employment, plaintiff Fernando Martinez sued Stephen Stratton O’Hara (O’Hara), Career Solution and Candidate Acquisitions (CSCA), O’Hara Family Trust, OCRE, Inc., Professional Realty Coun...

Laker v. Board of Trustees of the California State University  
Date: February 28, 2019
Docket Number: H044836

Justia Opinion Summary: A student approached Professor Laker, claiming that the department chair, Aptekar, had harassed her. The student brought a formal Title IX complaint. An investigator concluded that Aptekar had sexually harassed the stude...

Design Built Systems v. Sorokine  
Date: February 27, 2019
Docket Number: A151264

Justia Opinion Summary: Appellants, Sorokine and Koudriavtseva, are husband and wife. DBS and Kornach are California licensed contractors; DBS worked on their San Rafael house, while Kornach did not. Kornach, a longtime friend of Sorokine’s, h...

People v. Brown  
Date: February 27, 2019
Docket Number: A153191

Justia Opinion Summary: Napa law enforcement officers initiated a traffic stop of Brown and found him in possession of clothing stolen from the Ralph Lauren and Calvin Klein outlet stores. Brown was charged with a single felony violation of Pen...

Moorer v. Noble LA Events, Inc.  
Date: February 27, 2019
Docket Number: B282631

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's request for entry of a default judgment against Noble and dismissal of the case. The trial court denied the request because plaintiff failed to comply...

MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP  
Date: February 27, 2019
Docket Number: B283025

Justia Opinion Summary: The four plaintiffs in this interpleader action (MDQ entities) are limited liability companies that hold production rights or are producers in different territories of a Tony-award winning Broadway musical, "Million Doll...

California v. Chamizo  
Date: February 27, 2019
Docket Number: C086712

Justia Opinion Summary: In 2015, defendant Jarrett Chamizo pleaded no contest to transporting cocaine and admitted a prior conviction for transporting methamphetamine and a prior conviction for possessing cocaine for sale. Defendant was thereaf...

Hardie v. Nationstar Mortgage LLC  
Date: February 27, 2019
Docket Number: F075858

Justia Opinion Summary: Civil Code section 2924.12, subdivision (h) permits an award of fees to a borrower who prevails in obtaining a temporary restraining order. The Court of Appeal reversed the district court's attorney fee award in this cas...

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops  
Date: February 26, 2019
Docket Number: B276280

Justia Opinion Summary: MTA filed suit against Yum Yum in eminent domain to take one of Yum Yum's donut shops that was in the path of a proposed rail line. The trial court determined that Yum Yum was not entitled to compensation for goodwill un...

City of Sierra Madre v. SunTrust Mortgage  
Date: February 26, 2019
Docket Number: B284550

Justia Opinion Summary: The City brought an action against homeowners and their mortgage lender, SunTrust, and sought the appointment of a receiver to undertake the remediation of a public nuisance created by the homeowners on their residential...

Conservatorship of O.B.  
Date: February 26, 2019
Docket Number: B290805

Justia Opinion Summary: A person with autism is not automatically a candidate for a limited conservatorship. The Court of Appeal affirmed an order establishing a limited conservatorship of O.B., a person with autism spectrum disorder, and appoi...

Ryan v. Real Estate of the Pacific  
Date: February 26, 2019
Docket Number: D072724

Justia Opinion Summary: Real Estate of the Pacific, Inc., doing business as Pacific Sotheby's International Realty (Sotheby's), David Schroedl, and David Schroedl & Associates (DSA) (collectively, Defendants) successfully moved for summary judg...

People v. Huber  
Date: February 25, 2019
Docket Number: A144214A

Justia Opinion Summary: Huber, a member of the Wiyot Band of Indians, owns and operates a tobacco smoke shop on the Table Bluff Rancheria, near Crescent City. Huber “sold huge quantities of noncompliant cigarettes and transported at least 14,72...

Deere & Co. v. Allstate Insurance Co.  
Date: February 25, 2019
Docket Number: A145170

Justia Opinion Summary: Numerous claims were filed in various jurisdictions against Deere for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. Deere sought dec...

Millview County Water District v. State Water Resources Control Board  
Date: February 25, 2019
Docket Number: A146605

Justia Opinion Summary: In 2006, Millview acquired License 5763, which authorized the diversion of water from the Russian River for industrial use. In 2008, the Water Resources Control Board issued a notice of proposed revocation. At a 2013 hea...

Marquez v. City of Long Beach  
Date: February 25, 2019
Docket Number: B282270

Justia Opinion Summary: Plaintiffs filed a class action complaint alleging causes of action for violations of the Labor Code and the Industrial Welfare Commission's (IWC) wage orders based on the City's alleged failure to pay workers employed a...

Correia v. NB Baker Electric, Inc.  
Date: February 25, 2019
Docket Number: D073798

Justia Opinion Summary: Plaintiffs Mark Correia and Richard Stow sued their former employer, NB Baker Electric, Inc. (Baker), alleging wage and hour violations and seeking civil penalties under the Private Attorney General Act of 2004 (PAGA). B...

In re L.D.  
Date: February 25, 2019
Docket Number: H045544

Justia Opinion Summary: The Indian Child Welfare Act (ICWA; 25 U.S.C. 1901) gives Indian tribes the right to intervene in dependency proceedings regarding Indian children where foster care placement or termination of parental rights is being so...

United Farmers Agents Assoc. v. Farmers Group, Inc.  
Date: February 22, 2019
Docket Number: B282541

Justia Opinion Summary: UFAA filed suit seeking declaratory relief against the Companies and FGI (collectively, Farmers), alleging that Farmers engaged in numerous practices that violated the terms of Agent Appointment Agreements signed prior t...

Orchard Estate Homes v. Orchard Homeowners Alliance  
Date: February 22, 2019
Docket Number: E068064

Justia Opinion Summary: Orchard Estate Homes, Inc., a planned residential development governed by covenants, conditions, and restrictions (CC&R’s), supplemented by rules and regulations, prohibited short term rentals of units for durations of l...

Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation, Inc.  
Date: February 21, 2019
Docket Number: A153305

Justia Opinion Summary: In 2011, Richmond issued the city's first medical marijuana collective permit to RCCC. Other permits were later issued to the defendants. The ordinance governing the permits was amended in 2014, to reduce the number of...

People v. Beman  
Date: February 21, 2019
Docket Number: A153841

Justia Opinion Summary: The defendant pleaded no contest to conspiracy to commit human trafficking based on allegations that for more than seven years, he and his coconspirators used threats, force, and violence in pimping at least three victim...

Darrin v. Miller  
Date: February 21, 2019
Docket Number: A155089

Justia Opinion Summary: Darrin, age 81, filed a Request for Elder or Dependent Adult Abuse Restraining Orders, alleging that her next-door neighbor Miller and Miller’s boyfriend harassed and intimidated her by taunting her, threatening her, twi...

Grafilo v. Cohanshohet  
Date: February 21, 2019
Docket Number: B285193

Justia Opinion Summary: The Court of Appeal reversed the decision of the superior ordering Dr. Kamyar Cohanshohet to produce the medical records of five of his patients in connection with an investigation into his prescription of controlled sub...

California v. Jimenez  
Date: February 21, 2019
Docket Number: D073313

Justia Opinion Summary: Jose Jimenez led peace officers on a high-speed chase with his four- and six-year-old daughters in the car. At one point during the pursuit, he drove straight toward a patrol vehicle in an apparent game of "chicken." The...

People v. Escarcega  
Date: February 20, 2019
Docket Number: B284215

Justia Opinion Summary: The Court of Appeal affirmed Defendant’s conviction of reckless driving, holding that there was sufficient evidence that Defendant acted with wanton disregard for safety, that there was no trial error warranting reversal...

In re Ramirez  
Date: February 20, 2019
Docket Number: F075897

Justia Opinion Summary: The Court of Appeal granted Petitioner Arthur Espindola Ramirez’s petition for writ of habeas corpus seeking to have his felony-murder special circumstance vacated based on the California Supreme Court’s decision in Peop...

People v. Rocha  
Date: February 19, 2019
Docket Number: B290779A

Justia Opinion Summary: A jury found Defendant guilty of first-degree murder and found true a gang enhancement and a firearm use enhancement. The court found true a prior serious felony allegation and a strike allegation and sentenced defendant...

People v. Bueno  
Date: February 19, 2019
Docket Number: F074946

Justia Opinion Summary: Bueno was driving while intoxicated and lost control of her vehicle resulting in a single vehicle roll-over accident. Bueno’s eight-year-old son was ejected from the vehicle and died; her teenage daughter was injured and...

In re L.R.  
Date: February 15, 2019
Docket Number: A154437

Justia Opinion Summary: In San Francisco County, a male took a woman’s cellphone from her hand and passed it to Minor. Police apprehended Minor and found the phone in his pocket. Minor admitted to misdemeanor receiving stolen property. Weeks la...

Sturm v. Moyer  
Date: February 15, 2019
Docket Number: B284553

Justia Opinion Summary: Assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent Transfer Act (UFTA), can apply to a premarital agreement in which the prospective spouses agree that upon marria...

California v. Jones  
Date: February 15, 2019
Docket Number: C078623A

Justia Opinion Summary: Defendant Cornelius Jones appealed his conviction of attempted premeditated murder, assault with a deadly weapon, and assault likely to produce great bodily injury. He argued on appeal: (1) the trial court erred by rulin...

Fierro v. Landry's Restaurant, Inc.  
Date: February 15, 2019
Docket Number: D071904A

Justia Opinion Summary: Plaintiff Jorge Fierro filed suit on behalf of himself and others like him against defendant Landry's Restaurants, Inc., seeking remedies for what Fierro alleged to be Landry's Restaurants's violations of specified Calif...

Mijares v. Orange Co. Employees Retirement System  
Date: February 15, 2019
Docket Number: G055439

Justia Opinion Summary: In this declaratory relief action, the trial court ruled the Orange County Department of Education (Employer) had to pay approximately $3.3 million in additional contributions to fund pension benefits promised to its emp...

People v. Martinez  
Date: February 14, 2019
Docket Number: B287255M

Justia Opinion Summary: The Court of Appeal modified the opinion and held that section 1170.95 petition procedure is the avenue by which defendants with nonfinal sentences of the type specified in section 1170.95, subdivision (a) must pursue re...

Korman v. Princess Cruise Lines, Ltd.  
Date: February 14, 2019
Docket Number: B290681

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order dismissing plaintiff's complaint against Princess Cruise Lines. Plaintiff's action stemmed from injuries he suffered while he was a passenger on a cruise ship operated...

Jimenez-Sanchez v. Dark Horse Express, Inc.  
Date: February 14, 2019
Docket Number: F072599

Justia Opinion Summary: Former employees of Dark Horse filed suit alleging wage and hour claims on behalf of themselves and other similarly situated employees. The Court of Appeal reversed the trial court's denial of plaintiffs' motion for clas...

Perez v. County of Monterey  
Date: February 14, 2019
Docket Number: H044364

Justia Opinion Summary: Plaintiffs challenged a Monterey County ordinance limiting to four the number of roosters that can be kept on a property without a permit. A permit application must include a plan describing the “method and frequency of...

Fudge v. City of Laguna Beach  
Date: February 13, 2019
Docket Number: G055711

Justia Opinion Summary: Hany Dimitry obtained a coastal development permit (CDP) from the City of Laguna Beach (the City) to demolish his Laguna Beach house. Mark Fudge challenged the permit, appealing to the California Coastal Commission (the...

People v. Becerra  
Date: February 11, 2019
Docket Number: H045600

Justia Opinion Summary: In 2016, Defendant pleaded no contest to driving or taking a vehicle without the owner’s consent (Veh. Code, 10851(a)) and admitted having a prior conviction for the same offense (Penal Code, 666.5(a)). The trial court...

Jackson v. Kaiser Foundation Hospitals  
Date: February 8, 2019
Docket Number: A150833

Justia Opinion Summary: Jackson filed a pro se complaint against Kaiser under the California Fair Employment and Housing Act. After unsuccessfully attempting to serve the summons and complaint, Jackson sought counsel. Jackson never properly ser...

Save Lafayette Trees v. City of Lafayette  
Date: February 8, 2019
Docket Number: A154168A

Justia Opinion Summary: The city approved the agreement with Pacific Gas and Electric Company (PG&E), authorizing the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The staff report explains that this is a Majo...

California v. Fuimaono  
Date: February 8, 2019
Docket Number: C087336

Justia Opinion Summary: An order made after judgment affecting a defendant’s substantial rights is appealable. However, once a judgment is rendered, except for limited statutory exceptions, the sentencing court is without jurisdiction to vacate...

Anderson v. Shiomoto  
Date: February 8, 2019
Docket Number: E069398

Justia Opinion Summary: In a prior appeal, the Court of Appeal affirmed a judgment denying A.K. Anderson’s petition for writ of mandate challenging the suspension of his driver’s license by the Department of Motor Vehicles (DMV). In that opinio...

P. v. Landers
Date: February 7, 2019
Docket Number: A145037M
Sunrise Financial, LLC v. Super. Ct.  
Date: February 7, 2019
Docket Number: D073772

Justia Opinion Summary: In August 2017, San Diego County Superior Court Judge Joel Wohlfeil was assigned as the independent calendar judge to preside over a case brought by Overland Direct, Inc., and CTPC, LLC (collectively Overland) alleging d...

Marriage of Ciprari  
Date: February 6, 2019
Docket Number: B272039

Justia Opinion Summary: In this divorce proceeding involving disputes over the characterization of community property assets, the Court of Appeal held that the trial court did not err by adopting husband's tracing, which was adequate and satisf...

Rostack Investments v. Sabella  
Date: February 6, 2019
Docket Number: B286069

Justia Opinion Summary: After Rostack obtained a summary judgment against defendant in a breach of contract action in an amount exceeding $50 million, the Court of Appeal reversed and awarded defendant her costs as prevailing party. Then defend...

P. v. The North River Insurance Co.
Date: February 6, 2019
Docket Number: F075035M
California v. Johnson  
Date: February 5, 2019
Docket Number: D071011A

Justia Opinion Summary: After months of investigation by police, with the assistance of the Federal Bureau of Investigation (FBI) and authorities in Kansas City, Missouri, Peter Johnson and Ian Patrick Guthrie were arrested and eventually charg...

In re M.F.  
Date: February 5, 2019
Docket Number: D074260

Justia Opinion Summary: M.F., the son of Nicole W. and Stephen C., appealed orders at the 12-month review hearing under Welfare & Institutions Code section 366.21 (f) directing the San Diego County Health and Human Services Agency to extend the...

Economy v. Sutter East Bay Hospitals  
Date: February 4, 2019
Docket Number: A150211

Justia Opinion Summary: Plaintiff worked as an anesthesiologist at the hospital, beginning in 1991. In 2011, the California Department of Public Health conducted an unannounced “medication error reduction plan” survey at the hospital, found tha...

Ward v. Tilly's, Inc.  
Date: February 4, 2019
Docket Number: B280151

Justia Opinion Summary: Plaintiff filed suit challenging the on-call scheduling practices of her former employer, Tilly's, as violating wage order No. 7-2001, which regulates the wages, hours, and working conditions in the mercantile industry....

Anka v. Yeager  
Date: February 4, 2019
Docket Number: B281760

Justia Opinion Summary: In this child custody dispute, the trial court imposed $50,000 in sanctions jointly and severally against an attorney and her client for disclosing information contained in a confidential child custody evaluation report....

Darab N. v. Olivera  
Date: February 4, 2019
Docket Number: B282972

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment denying defendant's request from relief from default under Code of Civil Procedure section 473, subdivision (b), two orders granting motions to quash subpoenas file...

People v. Landen  
Date: February 4, 2019
Docket Number: B286062

Justia Opinion Summary: After defendant pleaded no contest to making threats to use a weapon of mass destruction and making criminal threats, defendant was placed on supervised probation and ordered to pay $235,341.17 as restitution to the scho...

P. v. Marquez
Date: February 4, 2019
Docket Number: G048762M
Symmonds v. Mahoney  
Date: February 1, 2019
Docket Number: B283529

Justia Opinion Summary: After plaintiff, Edward Joseph Mahoney's drummer, was terminated, plaintiff filed suit against Mahoney and others for discrimination on the basis of age, disability, and medical condition. In this appeal, defendants chal...

California v. Ellis  
Date: February 1, 2019
Docket Number: D074710

Justia Opinion Summary: In 1992, Victor Lee Ellis was sentenced to prison for seven years and was accessed a fine under Penal Code section 1202.4, which qualified for garnishment under section 2085.5(a). In 1999, Ellis finished serving his pris...

DFS Group, L.P. v. County of San Mateo  
Date: January 31, 2019
Docket Number: A150162

Justia Opinion Summary: DFS is in the business of duty-free sales at airports and holds an exclusive lease and concession to sell merchandise duty-free in the San Francisco International Airport (SFO) international terminal. AN extension of DFS...

Perow v. Uzelac  
Date: January 31, 2019
Docket Number: B283457

Justia Opinion Summary: A responding party's request for sanction-based attorney fees under Family Code section 271 is not a request for affirmative relief. In this dissolution case, the Court of Appeal affirmed the award of sanctions in the fo...

Dondlinger v. L.A. County Regional Park and Open Space District  
Date: January 31, 2019
Docket Number: B284932

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of the District's motion for judgment on the pleadings in an action seeking to invalidate a voter-approved special property tax imposed by the District. Public Resourc...

California v. Hull  
Date: January 31, 2019
Docket Number: C079134

Justia Opinion Summary: Defendant Tyrus Hull appealed his conviction for assaulting Marqurus Bonner with a deadly weapon (motor vehicle), for which he was sentenced defendant to two years in state prison. On appeal, defendant argued: (1) the tr...

Guardianship of C.E.  
Date: January 31, 2019
Docket Number: H045427

Justia Opinion Summary: C.E. was three years old at the time of the relevant hearing. Mother's family and friends were actively involved in C.E.’s life. Appellant, Mother’s sister, cared for C.E. on Mondays and every other weekend. C.E. also sp...

Berkeley Hills Watershed Coalition v. Berkeley  
Date: January 30, 2019
Docket Number: A153942

Justia Opinion Summary: Berkeley approved the construction of three houses on adjacent parcels in the Berkeley Hills, citing the California Environmental Quality Act (CEQA), Pub. Resources Code, 21000 exemption for “up to three single-family r...

Cohen v. TNP 2008 Participating Notes Program, LLC  
Date: January 30, 2019
Docket Number: B266702

Justia Opinion Summary: The Court of Appeal held that (1) an attorney does not have standing to petition to compel arbitration of his clients' claims; (2) a signatory to an arbitration agreement can compel a nonsignatory parent company of a sig...

Harmony Gold U.S.A., Inc. v. County of Los Angeles  
Date: January 30, 2019
Docket Number: B284436

Justia Opinion Summary: After the County refunded taxes Harmony overpaid beginning in the year Harmony first challenged the erroneous base value, Harmony sought to recover tax overpayments for those prior years. The Court of Appeal affirmed the...

Vasquez v. San Miguel Produce, Inc.  
Date: January 30, 2019
Docket Number: B287696

Justia Opinion Summary: After EDI assigned plaintiffs to pack produce for San Miguel Produce, plaintiffs filed suit against San Miguel for labor law violations. The Court of Appeal reversed the trial court's denial of EDI and San Miguel's joint...

In re N.O.  
Date: January 30, 2019
Docket Number: D074064

Justia Opinion Summary: Respondent San Diego County Health and Human Services Agency (Agency) did not oppose termination of the dependency of N.O., rather, the Agency recommended it. N.O.'s counsel opposed termination of dependency jurisdiction...

Trolan v. Trolan  
Date: January 30, 2019
Docket Number: H044213

Justia Opinion Summary: The parents established the trust in 1974 when all of the siblings were minors. Howard predeceased Alice, leaving her as the sole settlor and trustee. In 2003, Alice amended the trust to name all six children, as success...

People v. Atkins  
Date: January 30, 2019
Docket Number: H044999

Justia Opinion Summary: University of California Officer Calhoun, driving a patrol car, encountered skateboarders in a parking garage. He detained one skateboarder and placed his board on the hood of the patrol car. One skateboarder fled. Atki...

Fernandez v. Alexander  
Date: January 28, 2019
Docket Number: B283949

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action alleging that defendant, an orthopedic surgeon, committed medical malpractice in connection with his treatment...

In re Gadlin  
Date: January 28, 2019
Docket Number: B289852

Justia Opinion Summary: The Court of Appeal granted a petition for habeas corpus relief, holding that petitioner, a third strike offender with two prior convictions that rendered him a sex-offender registrant, was invalidly excluded from Propos...

California v. Aguayo  
Date: January 28, 2019
Docket Number: D073304A

Justia Opinion Summary: Veronica Aguayo hit her elderly father about 50 times with a bicycle lock and chain, then threw a ceramic pot on his head. Aguayo was working on her bicycle in her parents' yard. Her 72-year-old father (Father) turned on...

McCorkle Eastside Neighborhood Group v. City of St. Helena
Date: January 25, 2019
Docket Number: A153238M
California v. Wright  
Date: January 25, 2019
Docket Number: D073038

Justia Opinion Summary: In exchange for a stipulated 11-year sentence and the dismissal of other counts, Justin Michael Wright pleaded guilty to transporting a controlled substance. He also admitted having a strike prior and one prior convictio...

Ditzian v. Unger  
Date: January 24, 2019
Docket Number: A152946

Justia Opinion Summary: The parties own neighboring parcels in Mendocino County. The scenic sand dunes of MacKerricher State Park are behind the parcels. Respondents historically accessed the dunes via a path that runs along the parties’ proper...

Licudine v. Cedars-Sinai Medical Center
Date: January 24, 2019
Docket Number: B286350M
People v. Martinez  
Date: January 24, 2019
Docket Number: B287255

Justia Opinion Summary: Defendant was convicted of first degree murder and arson. In the published portion of the opinion, the Court of Appeal held that the Legislature's enactment of a petitioning procedure evinces an intent to limit retroacti...

Jensen v. Jensen  
Date: January 24, 2019
Docket Number: B289611

Justia Opinion Summary: The Court of Appeal affirmed Trine Jensen's motion to quash service of summons and the cross-complaint, holding that Trine did not personally avail herself of California's benefits and thus the state may not exercise per...

Issa v. Applegate  
Date: January 24, 2019
Docket Number: D072375

Justia Opinion Summary: During the course of the 2016 political campaign to represent the 49th Congressional District, challenger candidate Doug Applegate's campaign ran two television advertisements about incumbent Darrell Issa that Issa conte...

California v. Servin  
Date: January 24, 2019
Docket Number: G056696

Justia Opinion Summary: During the pendency of his appeal of a postjudgment order denying defendant Rafael Servin compassionate release from prison, he died. The appellate proceedings were therefore abated. Nevertheless, the Court of Appeal fil...

Siri v. Sutter Home Winery, Inc.  
Date: January 23, 2019
Docket Number: A141335

Justia Opinion Summary: Plaintiff alleged that she was terminated in retaliation for having brought to the attention of Defendant’s management and the Board of Equalization defendant’s failure to pay use taxes (Labor Code section 1102.5). Proc...

Linton v. County of Contra Costa  
Date: January 23, 2019
Docket Number: A153188

Justia Opinion Summary: Linton fell from her wheelchair while being transported in a county paratransit van and sustained injuries. Linton alleged violations of the California Disabled Persons Act (Civ. Code 54, DPA) and the Unruh Civil Rights...

Zhang v. Jenevein  
Date: January 23, 2019
Docket Number: B280047

Justia Opinion Summary: The Court of Appeal held that recording secret business conversations and using the recordings in an arbitration were not in connection with a judicial or official proceeding authorized by law, and therefore they were no...

In re Roger S.  
Date: January 23, 2019
Docket Number: B290290

Justia Opinion Summary: Mother challenged the sufficiency of the evidence supporting the jurisdiction finding against her in this dependency case. The Court of Appeal held that the evidence presented at the adjudication hearing was insufficient...

Mackey v. Bd. of Trustees of the Cal. State University  
Date: January 23, 2019
Docket Number: D072198

Justia Opinion Summary: Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued their head coach and the Board of Trustees of the California State University, claiming the coach engaged in ra...

People v. Taggart  
Date: January 23, 2019
Docket Number: F073982

Justia Opinion Summary: The Court of Appeal held that the evidence was insufficient to sustain defendant's conviction for felony escape in violation of Penal Code, 4532, subd. (b)(1), and reversed the trial court's judgment. The court held that...

Jayone Foods v. Aekyung Industrial Co. Ltd.  
Date: January 22, 2019
Docket Number: B282674

Justia Opinion Summary: This appeal stemmed from a wrongful death action alleging that a humidifier cleaning agent manufactured in Korea and sold in California caused Sunja An's death. Jayone was a California importer and distributor of Korean...

Anderson-Barker v. Superior Court  
Date: January 22, 2019
Docket Number: B285391

Justia Opinion Summary: The Court of Appeal denied a petition for writ of mandate seeking an order directing the trial court to vacate its order and enter a new order directing the City to produce electronically-stored data relating to vehicles...

Dogan v. Comanche Hills Apartments  
Date: January 22, 2019
Docket Number: D072328

Justia Opinion Summary: Pro se plaintiff Elena Dogan appeals after the trial court granted a motion for nonsuit brought by her landlord, defendant Comanche Hills Apartments, Inc., and related individuals and entities at the close of her case. D...

Begian v. Sarajian  
Date: January 18, 2019
Docket Number: B278316

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment and held that a "Trust Transfer Deed," signed by husband, granting certain real property to his wife, did not met Family Code section 852(a)'s express declaration r...

Conservatorship of Ribal  
Date: January 18, 2019
Docket Number: G056105

Justia Opinion Summary: In 2016, the Court of Appeal affirmed a judgment ordering Lu Tuan Nguyen to return funds to the Conservatorship of the Person and Estate of Joseph Ribal. On remand, the trial court awarded attorney fees incurred in enfor...

Rall v. Tribune 365 LLC  
Date: January 17, 2019
Docket Number: B284566

Justia Opinion Summary: Frederick Theodore Rall III, a political cartoonist and blogger, filed suit against the Los Angeles Times after it published a "note to readers" and a later more detailed report questioning the accuracy of a blog post pl...

Smith v. Szeyller  
Date: January 16, 2019
Docket Number: B281758

Justia Opinion Summary: The Court of Appeal affirmed the trial court's award of attorney fees and costs in this dispute over the management and the distribution of monetary assets of a family trust. The court held that the trial court properly...

Pont v. Pont  
Date: January 16, 2019
Docket Number: B284064

Justia Opinion Summary: After ex-wife filed a civil action alleging that ex-husband siphoned some of the community assets that were subject to a stipulated judgment, ex-husband successfully demurred and obtained a judgment of dismissal against...

Prout v. Dept. of Transportation
Date: January 16, 2019
Docket Number: C076812M
California v. Stinson  
Date: January 16, 2019
Docket Number: C077621

Justia Opinion Summary: Defendant Davonte Stinson and codefendant Dontae McFadden approached S.A. in his parked car and, at gunpoint, took several items from him including his wallet, keys, and cell phone. Still at gunpoint, they made S.A. move...

People v. The North River Insurance Co.  
Date: January 16, 2019
Docket Number: F075035

Justia Opinion Summary: North River and its bail agent, Bad Boys, appealed the trial court's conditional bond exoneration order. In this case, the criminal defendant was found and extradited from Washington state. At issue was a portion of the...

San Diegans for Open Govt. v. City of San Diego  
Date: January 15, 2019
Docket Number: D073284

Justia Opinion Summary: San Diegans for Open Government (SDOG) appealed judgment against it in a lawsuit challenging an amended and restated lease that the City of San Diego (City) entered into with Symphony Asset Pool XVI, LLC (Symphony) to le...

California v. American Surety Co.  
Date: January 15, 2019
Docket Number: E067831

Justia Opinion Summary: In an earlier appeal, Indiana Lumbermens Mutual Insurance Company (Lumbermens) challenged an order denying its motion to vacate summary judgment on a bail bond forfeiture and to exonerate the bail bond. The day after Lum...

State Department of State Hospitals v. J.W.  
Date: January 15, 2019
Docket Number: F077220

Justia Opinion Summary: The Sexually Violent Predators Act (SVPA) provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment. The Court of Appeal affirmed the tr...

California v. Marquez  
Date: January 15, 2019
Docket Number: G048762

Justia Opinion Summary: In 2006, police arrested defendant Daniel Marquez in Ventura County on a drug possession offense. Without his consent, authorities collected Marquez’s DNA sample and entered his DNA profile into a statewide database. Mar...

People v. Landers  
Date: January 14, 2019
Docket Number: A145037

Justia Opinion Summary: The trial court imposed a $950 sanction on Deputy Public Defender Raju, counsel for Landers in a two-defendant joint criminal trial, for violating a reciprocal discovery order. The court found that Raju failed to disclos...

Eith v. Ketelhut
Date: January 14, 2019
Docket Number: B272028M
People v. Busane  
Date: January 14, 2019
Docket Number: B283564

Justia Opinion Summary: Defendant was convicted of two counts of forcible lewd acts on a child and two counts of nonforcible lewd acts on a child. In the published portion of the opinion, the Court of Appeal remanded the convictions for nonforc...

Ricasa v. Office of Admin. Hearings  
Date: January 14, 2019
Docket Number: D071088

Justia Opinion Summary: Southwestern Community College District (District) and its governing board (Board) (together Southwestern) demoted Arlie Ricasa from an academic administrator position to a faculty position on the grounds of moral turpit...

Duffey v. Tender Heart Home Care Agency  
Date: January 11, 2019
Docket Number: A152535

Justia Opinion Summary: Plaintiff sued defendant Tender Heart Home Care for failure to pay overtime wages under the Domestic Worker Bill of Rights (Labor Code 1450, DWBR), which requires that domestic work employees receive overtime wages for a...

Estate of Stockird
Date: January 11, 2019
Docket Number: A152538M
Prout v. Dept. of Transportation  
Date: January 11, 2019
Docket Number: C076812

Justia Opinion Summary: Loren Prout filed an inverse condemnation action alleging Department of Transportation (Caltrans) violated the Fifth Amendment in 2010 by physically occupying without compensation a long, narrow strip of Prout’s land fro...

California v. Hem  
Date: January 11, 2019
Docket Number: C086016

Justia Opinion Summary: Defendant Andy Hem fatally shot his brother, victim Sokorng “Sok” Hem in 2014. The State argued the shooting was first degree murder; defendant claimed self-defense. The jury found defendant guilty of voluntary manslaugh...

McCorkle Eastside Neighborhood Group v. St. Helena  
Date: January 10, 2019
Docket Number: A153238

Justia Opinion Summary: Plaintiffs, opposed the development of an eight-unit multifamily residential building in a high-density residential district, challenged a resolution granting demolition and design review permits. They claimed the city v...

In re E.T.  
Date: January 10, 2019
Docket Number: A153896

Justia Opinion Summary: Twins P.T and E.T. were removed from Mother’s care by the Alameda County Social Services Agency in April 2014 when they were four months old. Mother has a history of mental health issues and drug addiction; E.T. was foun...

P. v. Garcia
Date: January 10, 2019
Docket Number: B269836N
People v. Munoz  
Date: January 10, 2019
Docket Number: B282323

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of second degree murder. Defendant was driving under the influence of alcohol and collided with another vehicle on the freeway, killing the passenger and injuring the d...

Smyth v. Berman  
Date: January 10, 2019
Docket Number: B286609

Justia Opinion Summary: Tenant filed suit against landlord and others after landlord rejected tenant's offer to purchase the building tenant rented for his audio recording business. Landlord ultimately sold the building to a third party because...

Orange County Water Dist. v. The Arnold Engineering Co.  
Date: January 10, 2019
Docket Number: D070763

Justia Opinion Summary: The Orange County Water District (the District) appealed a postjudgment order awarding The Arnold Engineering Company approximately $615,000 in costs of proof under Code of Civil Procedure section 2033.420 based on the D...

California v. Pride  
Date: January 10, 2019
Docket Number: D073360

Justia Opinion Summary: Chaz Nasjhee Pride was convicted by jury of robbery, which found true allegations he committed the robbery for the benefit of, or at the direction of, and in association with a criminal street gang. In a bifurcated proce...

Mikkelsen v. Hansen  
Date: January 10, 2019
Docket Number: F072990

Justia Opinion Summary: After defendants erected a wall across the Stockdale Estates segment of a pedestrian path, a group of current and former Amberton residents asked the superior court to enjoin defendants from impeding public use of the pa...

Mechling v. Asbestos Defendants
Date: January 9, 2019
Docket Number: A150132M
Yee v. Superior Court  
Date: January 9, 2019
Docket Number: A153001

Justia Opinion Summary: During an investigation of the handling of unclaimed property due to be escheated to the state, the California Controller sought to audit Thrivent, an out-of-state insurance company doing business in California, with res...

People v. Lopez  
Date: January 9, 2019
Docket Number: B282867A

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for second degree murder and felony hit and run driving resulting in death or serious injury. The court held that defendant forfeited his objections to the Watson advis...

Venice Coalition to Preserve Unique Community Character v. City of Los Angeles  
Date: January 9, 2019
Docket Number: B285295

Justia Opinion Summary: The Court of Appeal affirmed the district court's grant of summary judgment for the City in an action alleging that the City engaged in a pattern and practice of illegally exempting certain development projects in Venice...

People v. Duenas  
Date: January 8, 2019
Docket Number: B285645

Justia Opinion Summary: Court facilities and court operations assessments must be subject to an ability to pay determination. The Court of Appeal reversed the order imposing assessments under Government Code section 70373 and Penal Code section...

County of Riverside v. Estabrook  
Date: January 8, 2019
Docket Number: E068516

Justia Opinion Summary: Plaintiff-appellant Riverside County Department of Child Support Services (the County) filed a complaint against defendant-respondent Michael Lee Estabrook (Father), seeking $288 per month in child support, as well as an...

International Brotherhood of Teamsters v. City of Monterey Park  
Date: January 7, 2019
Docket Number: B282971

Justia Opinion Summary: Petitioners sought a writ of mandate and declaratory relief, alleging that the City of Monterey Park breached its duty under Labor Code section 1072 to award a 10-percent bidding preference only to contractors who declar...

O'Gara Coach Co. v. Ra  
Date: January 7, 2019
Docket Number: B286730

Justia Opinion Summary: When O'Gara Coach moved to disqualify Richie Litigation from representing its former senior executive, Joseph Ra, in litigation, O'Gara Coach argued that Darren Richie had been a client contact for outside counsel invest...

In re Cody R.
Date: January 7, 2019
Docket Number: D073527M
City of San Diego v. Superior Court
Date: January 7, 2019
Docket Number: D073961M
Berkeley Cement, Inc. v. Regents of the University of California  
Date: January 7, 2019
Docket Number: F073455

Justia Opinion Summary: Berkeley appealed the judgment against it in a construction dispute regarding a building on the Merced Campus. After the University denied Berkeley's claim for compensation for work performed, Berkeley filed suit allegin...

Strawn v. Morris, Polich & Purdy  
Date: January 4, 2019
Docket Number: A150562

Justia Opinion Summary: The Strawns’ home and pickup, which were insured by State Farm were “damaged and destroyed” by fire on June 1, 2009. They immediately notified State Farm. Dennis Strawn was prosecuted for arson, but the case was dismisse...

Furry v. East Bay Publishing  
Date: January 4, 2019
Docket Number: A151986

Justia Opinion Summary: Furry sued his former employers East Bay, for unpaid overtime wages, meal and rest break compensation, and statutory penalties for inaccurate wage statements. Although the trial court found that East Bay failed to keep a...

Doe v. Allee  
Date: January 4, 2019
Docket Number: B283406

Justia Opinion Summary: When a student accused of sexual misconduct faces severe disciplinary sanctions, and the credibility of witnesses (whether the accusing student, other witnesses, or both) is central to the adjudication of the allegation,...

California v. Chatman  
Date: January 4, 2019
Docket Number: C083509

Justia Opinion Summary: Defendant Markece Chatman was convicted of pandering, Penal Code section 266i (a)(1). The jury’s verdict finding defendant guilty of pimping and pandering was based on the testimony of a prostitute, who admitted lying an...

Nisei Farmers League v. California Labor & Workforce Development Agency  
Date: January 4, 2019
Docket Number: F075102

Justia Opinion Summary: Labor Code section 226.2, a recently enacted law articulating wage requirements applicable where an employer uses a piece-rate method of compensating its employees, is not unconstitutionally vague. The Court of Appeal he...

Yu v. Liberty Surplus Ins. Corp.  
Date: January 4, 2019
Docket Number: G054522

Justia Opinion Summary: Bann-Shiang Liza Yu hired Automatic Teller Modules, Inc. (ATMI), a general contractor, to design and build a hotel. After the hotel opened, Yu filed a complaint against ATMI for construction defects, praying for “not les...

Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co.  
Date: January 3, 2019
Docket Number: A147962

Justia Opinion Summary: The employer, Luxor Cabs, obtained workers' compensation insurance through AUCRA under an EquityComp program. The EquityComp workers’ compensation insurance program has garnered nationwide attention from administrative a...

Brown v. Mortensen  
Date: January 3, 2019
Docket Number: B281704

Justia Opinion Summary: A jury trial is guaranteed for the Confidentiality of Medical Information Act's nominal statutory damages claims brought before 2013 under Civ. Code section 56.36, subdivision (b)(1), but not for attorneys' fees claims u...

JMS Air Conditioning & Appliance Service, Inc. v. Santa Monica Community College District  
Date: January 3, 2019
Docket Number: B284068

Justia Opinion Summary: The Court of Appeal affirmed the superior court's denial of JMS's petition for writ of administrative mandate seeking to set aside an administrative decision by the District that allowed a contractor to substitute anothe...

Licudine v. Cedars-Sinai Medical Center  
Date: January 3, 2019
Docket Number: B286350

Justia Opinion Summary: Three factors are especially pertinent in determining whether the offeree had enough facts to evaluate a settlement offer under Code of Civil Procedure section 998: (1) how far into the litigation the 998 offer was made;...

W.M. v. V.A.
Date: January 3, 2019
Docket Number: B287735M
In re E.P.
Date: January 3, 2019
Docket Number: G054375M
Stratton v. Beck  
Date: January 2, 2019
Docket Number: B287001

Justia Opinion Summary: After the Court of Appeal affirmed the trial court's holding that plaintiff's motion for $31,365 in statutory attorney fees was timely and supported by substantial evidence, the court stated, "In the interest of justice,...

Lief v. Superior Court  
Date: January 2, 2019
Docket Number: D074947

Justia Opinion Summary: Petitioner Yaron Lief and real party in interest Pnina Nissan met in Israel in 2010. Nissan moved to San Diego and married Lief in 2011. They had a son in 2014. Lief filed a marital dissolution action against Nissan in 2...

Caltec AG v. Department of Pesticide Regulation  
Date: January 2, 2019
Docket Number: F074334

Justia Opinion Summary: Caltec challenged the Department's final administrative decision determining that three of Caltec's products were pesticides under the Food and Agricultural Code. The products at issue were Greenfeed 27-0-0, Terra Treat,...

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