California Courts of Appeal Decisions 2019

Opinions 1 - 500 of 825

Bittenson v. Bittenson  
Date: October 22, 2019
Docket Number: B288233

Justia Opinion Summary: Family Code section 2034, subdivision (c) permits a family law court to reduce or limit a Family Law Attorney's Real Property Lien (FLARPL) after the lien is recorded. The Court of Appeal affirmed a pretrial discretionar...

O.G. v. Superior Court
Date: October 22, 2019
Docket Number: B295555M
California v. Allen  
Date: October 22, 2019
Docket Number: D074946

Justia Opinion Summary: Defendant Leola Allen plead guilty to committing felony welfare fraud in 1993, 1997, and 2000 (and to committing felony perjury in 2000). At sentencing in each case, the trial court ordered Allen to pay direct victim res...

People v. Sanchez  
Date: October 21, 2019
Docket Number: A153473

Justia Opinion Summary: Sanchez was charged with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property for acts against victim R.D. alleged to have occurred on a Muni bus in January 2016. The prosecution di...

Miller Marital Deduction Trust v. Zurich American Insurance Co.  
Date: October 21, 2019
Docket Number: A155398

Justia Opinion Summary: The Miller Trust is the successor owner of property previously owned by spouses Jack (now deceased) and Helen. The trustees sued previous owners including the Estate of Jack Miller and a lessee, DuBois, seeking redress f...

In re Jeremiah S.  
Date: October 21, 2019
Docket Number: A155856

Justia Opinion Summary: At 11:20 p.m., Gosuwin, carrying a pursed and holding an iPhone, saw two “young black men” wearing hoodies coming around the corner. One pushed her to the ground. The assailants pulled her bag and phone away, then cont...

People v. R.C.  
Date: October 21, 2019
Docket Number: B293846

Justia Opinion Summary: The Court of Appeal affirmed the judgment entered after the juvenile court sustained a juvenile delinquency petition for assault with force likely to produce great bodily injury and attempted second degree robbery. The c...

People v. Kingston  
Date: October 21, 2019
Docket Number: B293920

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order revoking defendant's probation and determining that she had an ability to pay ordered fines and restitution. The court held that the trial court did not abuse its disc...

California v. Carkhum-Murphy  
Date: October 21, 2019
Docket Number: C085347

Justia Opinion Summary: Defendant Mikeel Carkhum-Murphy was convicted by jury of second degree robbery. The trial court sustained prior strike and serious felony allegations and sentenced him to a nine-year state prison term. On appeal, defenda...

Cal200, Inc., v. Apple Valley Unified School District  
Date: October 18, 2019
Docket Number: A154705

Justia Opinion Summary: In 2015, plaintiffs sued 88 school districts and the California Department of Education, seeking relief for alleged violations of Education Code section 51210(g). That law requires no less than 200 minutes of physical ed...

P. v. Vital
Date: October 18, 2019
Docket Number: B288533M
Ruiz-Martinez v. Superior Court  
Date: October 18, 2019
Docket Number: H044349

Justia Opinion Summary: Ruiz-Martinez was charged with two counts of murder; among the special allegations was that each murder was committed for a criminal street gang, Pen. Code, 190.2(a)(22). Ruiz-Martinez unsuccessfully moved to dismiss th...

Starview Property, LLC v. Lee  
Date: October 17, 2019
Docket Number: B292245

Justia Opinion Summary: Defendants appealed the trial court's denial of a motion under Code of Civil Procedure section 425.16, the anti-SLAPP statute, in a driveway dispute easement action brought by Starview Property. The Court of Appeal reve...

Jimenez v. U.S. Continental Marketing, Inc.  
Date: October 17, 2019
Docket Number: D075532

Justia Opinion Summary: U.S. Continental Marketing Inc. (USCM), a manufacturing company that made shoe care products, relied on temporary employees for much of its workforce and contracts for employees' services with Ameritemps, Inc. Elvia Vela...

People v. McCann  
Date: October 16, 2019
Docket Number: A156467

Justia Opinion Summary: McCann was charged with forcible sexual penetration by a foreign object (Pen. Code 289(a)(1)(A) and other offenses arising from his attack of Kevin in McCann’s hotel room. Preliminary hearing testimony showed that McCann...

Tulare Pediatric Health Care Center v. State Department of Health Care Services  
Date: October 16, 2019
Docket Number: B287876

Justia Opinion Summary: Federal law requires that California must pay the counties and their clinics one hundred percent of the cost of a defined list of services for providing Medicare beneficiaries. Furthermore, California's Medi-Cal statute...

Dobbs v. City of Los Angeles  
Date: October 16, 2019
Docket Number: B290509

Justia Opinion Summary: After plaintiff walked into a round concrete pillar called a bollard, she filed suit against the City, alleging that it created a dangerous condition that caused her to trip and fall. The Court of Appeal affirmed the tri...

California v. Felix  
Date: October 16, 2019
Docket Number: C079382

Justia Opinion Summary: Defendant Jovan Felix contended the trial court abused its discretion in his trial for attempted murder by introducing evidence of a prior crime and by denying his motions for retrial and to reopen the evidence. Charges...

Eck v. City of Los Angeles  
Date: October 15, 2019
Docket Number: B289717

Justia Opinion Summary: Plaintiff, on behalf of himself and a proposed class of similarly situated county utility ratepayers, filed suit against the city and the Department of Water and Power (DWP), alleging that DWP overcharged ratepayers for...

Atlantic Richfield v. Central Valley Regional Water Quality etc.  
Date: October 15, 2019
Docket Number: C086745

Justia Opinion Summary: Plaintiff Atlantic Richfield Company (ARCO) filed a petition in June 2014 to overturn a March 2014 order of defendant Central Valley Regional Water Quality Control District1 (Water Board) that sought to impose liability...

Oduyale v. California State Board of Pharmacy  
Date: October 15, 2019
Docket Number: D073755

Justia Opinion Summary: In July 2013, the California State Board of Pharmacy (the Board) filed an accusation against pharmacist Solomon Oduyale, citing 20 charges for discipline and seeking revocation of his pharmacist license. By August 2016,...

California v. Wehr  
Date: October 15, 2019
Docket Number: E070345

Justia Opinion Summary: Defendant Robert Wehr was convicted of receiving a stolen vehicle under Penal Code section 496d(a). Before his sentencing, Wehr moved to designate his conviction a misdemeanor under Proposition 47. The trial court denied...

Rudick v. State Board of Optometry  
Date: October 11, 2019
Docket Number: A152179

Justia Opinion Summary: Plaintiffs challenged the Board of Optometry's denial of an application for a statement of licensure submitted by Rudick, a licensed optometrist (Business and Professions Code section 3041.2), Rudick is a 49% owner of Ri...

Morris v. Hyundai Motor America  
Date: October 11, 2019
Docket Number: B290693

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order awarding plaintiff attorney fees following the settlement of her action against Hyundai. Plaintiff moved for a fee award using the lodestar method for a total of $191,...

Koenig v. Warner Unified School District  
Date: October 11, 2019
Docket Number: D072463

Justia Opinion Summary: Ron Koenig was the superintendent and principal of the Warner Unified School District (the district). He and the district entered an agreement to terminate his employment one year before his employment agreement was due...

California v. Meneses  
Date: October 11, 2019
Docket Number: G055942

Justia Opinion Summary: Defendant Cesar Meneses appealed after a jury found him guilty of four counts of committing a lewd act upon a child under 14 years of age and found true, as to each count, the multiple victim sentencing enhancement alleg...

Naranjo v. Spectrum Security Services, Inc.
Date: October 10, 2019
Docket Number: B256232M
Target Corp. v. Golden State Insurance Co. Ltd.  
Date: October 10, 2019
Docket Number: B279995

Justia Opinion Summary: After a customer purchased a pharmaceutical product from Target (the retailer) which was distributed by McKesson (the supplier), she experienced an adverse reaction to the product that resulted in serious bodily injury....

Sharon v. Porter  
Date: October 10, 2019
Docket Number: G056706

Justia Opinion Summary: Attorney-defendant Peter Porter represented plaintiff Elise Sharon in a lawsuit resulting in a 2008 default judgment entered in favor of Sharon. In October 2015, a judgment debtor wrote to Sharon, claiming the judgment w...

Ferra v. Loews Hollywood Hotel, LLC  
Date: October 9, 2019
Docket Number: B283218

Justia Opinion Summary: Plaintiff, on behalf of herself and three alleged classes of hourly Loews employees, filed suit alleging that Loews improperly calculated her premium payment when Loews failed to provide her with statutorily required mea...

P. v. Hall
Date: October 9, 2019
Docket Number: B292330M
Greene v. California Coastal Commission  
Date: October 9, 2019
Docket Number: B293301

Justia Opinion Summary: Plaintiffs challenged the California Coastal Commission's permit condition, which requires a certain construction set back, for the remodel of their beachside residence. The Court of Appeal affirmed the trial court's den...

McHugh v. Protective Life Insurance  
Date: October 9, 2019
Docket Number: D072863

Justia Opinion Summary: In 2005, Protective Life Insurance Company (Protective Life) issued William McHugh a 60-year term life policy (the policy) that provided for a 31-day grace period before it could be terminated for failure to pay the prem...

California v. Merchant  
Date: October 9, 2019
Docket Number: D075388

Justia Opinion Summary: Franswa Merchant was convicted by jury of kidnapping, battery, and dissuading a witness after he careened down the freeway refusing his girlfriend’s, Lisa S., pleas to stop or let her out. He allegedly pulled Lisa’s hair...

In re O.C.  
Date: October 9, 2019
Docket Number: E071122

Justia Opinion Summary: Defendant-appellant O.C., appealed an order denying her petition to seal her juvenile court records and related records in the custody of law enforcement and other agencies. She claimed the court was required to seal her...

P. v. Mejia
Date: October 9, 2019
Docket Number: G052967N
People v. Winn  
Date: October 9, 2019
Docket Number: H045157

Justia Opinion Summary: Winn was convicted of first-degree murder for the stabbing death of Derrington after Derrington had Winn and his wife evicted from their home. Derrington was the ex-husband of Winn’s wife. The jury also found true a dead...

Henderson v. Equilon Enterprises, LLC  
Date: October 8, 2019
Docket Number: A151626

Justia Opinion Summary: Danville, a third-party service station operator, fired Henderson following an accusation of sexual harassment. Henderson managed several of Danville’s Shell-branded gas stations but was never directly employed by Shell....

Brown v. USA Taekwondo  
Date: October 8, 2019
Docket Number: B280550

Justia Opinion Summary: Plaintiffs filed suit against their taekwondo coach, Marc Gitelman, the United States Olympic Committee (USOC), USA Taekwondo (USAT), and others arising from Gitelman's sexual abuse of plaintiffs when they were minors....

Gonzales v. San Gabriel Transit  
Date: October 8, 2019
Docket Number: B282377

Justia Opinion Summary: Plaintiff filed a putative class action against SGT, alleging that SGT violated various provisions of the Labor Code and Industrial Welfare Commission's (IWC) wage orders by misclassifying drivers as independent contract...

Myles v. Pennymac Loan Services, LLC  
Date: October 8, 2019
Docket Number: B288905

Justia Opinion Summary: Plaintiff filed suit against Pennymac and others for wrongful foreclosure, alleging that the assignment of his mortgage to Pennymac was invalid. The Court of Appeal affirmed the trial court's decision to sustain the defe...

P. v. Mejia
Date: October 8, 2019
Docket Number: G052967M
Cheema v. L.S. Trucking, Inc.
Date: October 7, 2019
Docket Number: A150234M
Maacama Watershed Alliance v. County of Sonoma  
Date: October 7, 2019
Docket Number: A155606

Justia Opinion Summary: The 86-acre Knights Valley parcel in rural Sonoma County is zoned “Land Extensive Agriculture,” which allows wineries and tasting rooms as conditional uses. The project is a two-story, 5,500-square-foot winery building w...

Sprengel v. Zbylut  
Date: October 7, 2019
Docket Number: B282129

Justia Opinion Summary: Plaintiff filed a malpractice action against Zbylut, Cox and LPS alleging they had violated their professional duties by undertaking representation of Purposeful Press without her consent, and rendering legal advice in t...

Supershuttle International, Inc. v. Labor & Workforce Development Agency  
Date: October 7, 2019
Docket Number: B292054

Justia Opinion Summary: An employer can sue for declaratory relief to enforce a superior court judgment unfavorable to the Labor Commissioner without violating the anti-SLAPP statute where, as here, the lawsuit does not arise out of activity pr...

Estate of Holdaway  
Date: October 7, 2019
Docket Number: E070918

Justia Opinion Summary: Petitioner-appellant Patricia Everett filed a creditor’s claim against the estate of Richard Edison Holdaway, seeking repayment of sums she contended the decedent owed her. When filed, the claim was timely, and tolled th...

Garcia v. Myllyla  
Date: October 4, 2019
Docket Number: B292322

Justia Opinion Summary: Nine individual tenants prevailed in a jury trial against former owners of an illegally operated building on claims stemming from uninhabitable conditions in the building. Defendants were owners of a two-family residenti...

Litinsky v. Kaplan  
Date: October 4, 2019
Docket Number: B293968

Justia Opinion Summary: Plaintiff appealed from an order striking her claims against defendant under the anti-SLAPP statute. Plaintiff was the defendant in a prior lawsuit where defendant was the legal representative for the plaintiff in that a...

Barajas v. Appellate Division of the Superior Court of Los Angeles County  
Date: October 4, 2019
Docket Number: B295310

Justia Opinion Summary: In a published opinion reversing the trial court's order granting petitioner's motion to dismiss and overruling People v. Ward (1986) 188 Cal.App.3d Supp. 11, the Superior Court Appellate Division held that suppression o...

California v. Medrano  
Date: October 4, 2019
Docket Number: E070042

Justia Opinion Summary: Michael Damion Jude Medrano was convicted by jury on one count of first-degree murder, two counts of second degree robbery, and one count of assault with force likely to produce great bodily harm. Medrano was 19 years ol...

County of Los Angeles v. Civil Service Commission of the County of Los Angeles  
Date: October 3, 2019
Docket Number: B282133

Justia Opinion Summary: After the county petitioned the superior court for a writ vacating the Commission's decision and upholding LA County Sheriff's Deputy Mark Montez's discharge, the trial court found that the Commission's decision was unsu...

People v. Vital  
Date: October 3, 2019
Docket Number: B288533

Justia Opinion Summary: After defendant instructed a mother to engage in acts of a sexual nature with her three-year-old son, a jury found him guilty of oral copulation with a child 10 years old or younger and other related charges. In the publ...

Crooks v. Housing Authority of the City of Los Angeles  
Date: October 3, 2019
Docket Number: B291068

Justia Opinion Summary: Plaintiff argued that the Housing Authority abused its discretion in terminating her participation in the Section 8 Housing Program in the absence of any fraud, and that the Housing Authority did not have the discretion...

Abir Cohen Treyzon Salo, LLP v. Lahiji  
Date: October 3, 2019
Docket Number: B291636

Justia Opinion Summary: After a client fired her attorney and his firm, the firm placed a lien on the client's further recovery and filed suit against the client's daughter for defamation. The Court of Appeal affirmed the trial court's grant of...

In re J.M.  
Date: October 3, 2019
Docket Number: B293382

Justia Opinion Summary: A court errs when it dismisses a petition for lack of sufficient evidence of current risk when the reason why such evidence is lacking is because a parent, as in this case, absconded with her children and wrongfully prev...

Chico Advocates for a Responsible Economy v. City of Chico  
Date: October 3, 2019
Docket Number: C087142

Justia Opinion Summary: At issue in appeal was a challenge under the California Environmental Quality Act (CEQA) to a project proposing to expand an existing Walmart store by approximately 64,000 square feet (the Project). Years earlier, Walmar...

California v. Lee  
Date: October 3, 2019
Docket Number: D073740

Justia Opinion Summary: Following a traffic stop, officers searched Brandon Lee's car without a warrant and discovered 56 grams of cocaine, a firearm, and other items associated with selling narcotics. After Lee was charged with various drug an...

P. v. Financial Casualty & Surety, Inc.
Date: October 3, 2019
Docket Number: D073948M
Travelers Property Casualty Co. v. Workers' Compensation Appeals Board  
Date: October 2, 2019
Docket Number: B292915

Justia Opinion Summary: The Court of Appeal annulled the decision of the appeals board and remanded with directions to find that the special employer had a valid endorsement in its workers' compensation insurance policy excluding coverage for s...

Jimenez v. Superior Court  
Date: October 2, 2019
Docket Number: B297595

Justia Opinion Summary: A death row inmate petitioned for a writ of mandate to vacate the superior court's discovery order in a habeas corpus proceeding. In the petition for writ of habeas corpus, petitioner claimed that the jury at his capital...

California v. Tejeda  
Date: October 2, 2019
Docket Number: D075364

Justia Opinion Summary: Junior Tejeda was twice found incompetent to stand trial for murder and robbery charges due to his persistent belief that his actions were controlled by a "mind control project" run by the federal government. He was late...

California v. Gastelum  
Date: October 2, 2019
Docket Number: D075368

Justia Opinion Summary: Victor Gastelum was convicted by jury of the first degree murder of Terrance Rodgers with the special circumstance of lying-in-wait, and the premeditated attempted murder of J.W. As to both offenses, the jury found that...

Tesoro Logistic Operations, LLC v. City of Rialto  
Date: October 2, 2019
Docket Numbers: E069070, E069074, E069100, E069108

Justia Opinion Summary: In the November 2014 election, a majority of the City of Rialto’s (the City) voters approved Measure U, a ballot measure adopted by the City which imposed an “annual business license tax” of “up to One Dollar [($1.00)] p...

B.M. v. Superior Court  
Date: October 2, 2019
Docket Number: E072265

Justia Opinion Summary: This case centered on the validity of a a changed law that raised the minimum age at which a juvenile could be tried in criminal court. The new law amended a provision of the “Public Safety and Rehabilitation Act” (Propo...

Nejadian v. County of Los Angeles  
Date: October 1, 2019
Docket Number: B285016

Justia Opinion Summary: In order to prevail on a claim under Labor Code section 1102.5, subdivision (c), the plaintiff must identify both the specific activity and the specific statute, rule, or regulation at issue; the court must then determin...

P. v. Nzolameso
Date: October 1, 2019
Docket Number: B292164M
People v. Carranza  
Date: September 30, 2019
Docket Number: A152211

Justia Opinion Summary: While working at a machine press, Fraire was stabbed from behind. He turned and saw the assailant, who was wearing a red shirt; he had previously seen the man at the factory. Fraire was stabbed in the abdomen, chest, and...

People v. Hooper  
Date: September 30, 2019
Docket Number: A153313

Justia Opinion Summary: The Department of State Hospitals (DSH) oversees state hospitals that provide treatment for individuals found incompetent to stand trial (IST). A Standing Order in Contra Costa County mandates that the county’s IST defen...

Williams-Sonoma Song-Beverly Act Cases  
Date: September 30, 2019
Docket Number: A154692

Justia Opinion Summary: The Song-Beverly Credit Card Act (Civ. Code 1747) makes it unlawful for merchants to request or require customers to provide “personal identification information” as a condition to accepting a credit card for payment. In...

Teamsters Local 2010 v. Regents of the University of California  
Date: September 30, 2019
Docket Number: A155188

Justia Opinion Summary: The Teamsters Union represents skilled crafts employees at UCLA and UCSD and was campaigning to unionize University of California Davis (UCD) employees. Teamsters distributed a flyer making statements about the impact th...

P. v. Anderson
Date: September 30, 2019
Docket Number: B282048
Modaraei v. Action Property Management, Inc.  
Date: September 30, 2019
Docket Number: B290247

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's motion for class certification in an employee misclassification case against his former employer, and the trial court's order terminating depositions o...

Mancini & Associates v. Schwetz
Date: September 30, 2019
Docket Number: B290498M
O.G. v. Superior Court of Ventura County  
Date: September 30, 2019
Docket Number: B295555

Justia Opinion Summary: Senate Bill No. 1391 is unconstitutional insofar as it precludes the possibility of adult prosecution of an alleged 15-year-old murderer. In this case, the district attorney sought to try petitioner as an adult after he...

In re Bolton  
Date: September 30, 2019
Docket Number: C088774

Justia Opinion Summary: At the time of the crimes, petitioner D’Arsey Bolton was 16. He accosted two young girls, aged 10 and 12, while they were at school, forcing each at knifepoint into a bathroom, where he threatened them and raped them. Pe...

People v. Bryant  
Date: September 27, 2019
Docket Number: A152029

Justia Opinion Summary: F.H., William, and G.P. got into Cooper’s car; two people approached. William had seen both men earlier and later identified Bryant as the man who approached the passenger side. Cooper grabbed a gun from the driver’s do...

Ghezavat v. Harris  
Date: September 27, 2019
Docket Number: A154405

Justia Opinion Summary: In November 2011, John suffered a seizure while driving a Tacoma truck and struck a car occupied by the decedents. The Tacoma was jointly owned by John and his father, David. When they purchased the truck, in 2005, John,...

San Diego Navy Broadway Complex Coalition v. Cal. Coastal Com.  
Date: September 27, 2019
Docket Number: D072568

Justia Opinion Summary: At issue before the Court of Appeal in this case was the proposed expansion of the San Diego Convention Center by the City of San Diego and of the adjacent Hilton San Diego Bayfront hotel by One Park Boulevard, LLC (One...

People v. Scarbrough  
Date: September 27, 2019
Docket Number: H046161

Justia Opinion Summary: Defendant, charged with seven counts of human trafficking, pleaded no contest to an orally amended count and agreed to a five-year prison term. She was released from custody on her own recognizance and was ordered to app...

Gupta v. Trustees of the California State University  
Date: September 26, 2019
Docket Number: A151763

Justia Opinion Summary: In 2006, SFSU hired Gupta, an American woman of Indian ancestry, as a tenure-track assistant professor. In 2009, Gupta and other women of color in the School of Social Work raised issues concerning “hostile work environm...

Terrell v. State Farm General Ins. Co.  
Date: September 26, 2019
Docket Number: A152541

Justia Opinion Summary: Appellants had been renting their San Francisco home to tenants for eight years when the front porch collapsed, causing injury to a tenant. When the tenants sued, appellants sought defense and indemnification from their...

Naranjo v. Spectrum Security Services, Inc.  
Date: September 26, 2019
Docket Number: B256232

Justia Opinion Summary: Plaintiff and a class of former and current employees filed suit against Spectrum, alleging meal break violations under Labor Code section 226.7, seeking premium wages, derivative remedies, itemized wage statement penalt...

Fernandez v. Jimenez  
Date: September 26, 2019
Docket Number: B281518

Justia Opinion Summary: Defendants appealed a jury award to the deceased's four children for $11,250,000 each in noneconomic damages. Defendant Jimenez killed the children's mother while driving drunk and Defendant Rodriguez negligently entrust...

Olivares v. Pineda  
Date: September 25, 2019
Docket Number: A154205

Justia Opinion Summary: Plaintiffs leased a home from Pineda, who subsequently retained the attorney-defendants to begin eviction proceedings. According to plaintiffs, there was no rent past due. Pineda and the attorney-defendants filed an unla...

People v. Francis A.  
Date: September 25, 2019
Docket Number: A155082

Justia Opinion Summary: During his high school senior year, Frank had an encounter with the school’s new resource officer, Redwood City Officer Stahler. Frank’s father filed a complaint alleging Stahler had physically handled Frank in an unlawf...

Hawkins v. City of Los Angeles  
Date: September 25, 2019
Docket Numbers: B279719, B282416

Justia Opinion Summary: After the City filed suit against plaintiffs from their jobs as hearing examiners at the Department of Transportation, they filed suit alleging violations of the Bane Act and a claim for whistleblower retaliation. The ju...

Liday v. Sim  
Date: September 25, 2019
Docket Number: B283180

Justia Opinion Summary: Plaintiff filed suit against her former employers for unpaid wages as a live-in caretaker for her employers' children. In 2014, the Legislature passed the Domestic Workers Bill of Rights (DWBR) to provide personal attend...

People ex rel. State Department of State Hospitals v. S.M.  
Date: September 25, 2019
Docket Number: B292131A

Justia Opinion Summary: Defendant, adjudicated a mentally disordered offender (MDO), appealed from an order that he be involuntarily administered antipsychotic medication by the Department. The Court of Appeal affirmed a prior order and affirme...

California v. Bermudez  
Date: September 25, 2019
Docket Number: C079168

Justia Opinion Summary: Two appeals of two jury trials of defendant Adolfo Rodriguez Bermudez came before the Court of Appeal. The first trial involved the possession of a concealed dirk; the second involved an assault with a deadly weapon with...

P. v. Buchanan
Date: September 24, 2019
Docket Number: A153155M
Goodwin-Mitchell v. Mitchell  
Date: September 24, 2019
Docket Number: A154915

Justia Opinion Summary: Carolyn helped obtain a green card for her Jamaican first husband. Her second husband, Michael, is also from Jamaica. In January 2015, Carolyn met him online. Michael told Carolyn he wanted to move to the U.S. to live wi...

Ortega v. Superior Court  
Date: September 24, 2019
Docket Number: A156464

Justia Opinion Summary: The grand jury heard evidence that petitioner went with Herrera to a bar. Petitioner’s acquaintances, Porter-Kelly and Simons, were also present. Sims arrived. Petitioner punched Sims, who was knocked to the ground. Her...

Gietzen v. Covenant RE Management, Inc.  
Date: September 24, 2019
Docket Number: B287339

Justia Opinion Summary: This case stemmed from the judgment arising from Yolanda's Inc.'s action against its landlord. In this case, a shopping center lease contains a provision limiting the lessor's liability for breach of the lease to the les...

People v. Ramirez  
Date: September 24, 2019
Docket Number: B289035

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for a shotgun murder. The court held that there was no instructional error regarding voluntary manslaughter and the trial court propery declined defendant's two special...

People v. Hicks  
Date: September 24, 2019
Docket Number: B291307

Justia Opinion Summary: In the published portion of this opinion, the Court of Appeal disagreed with the analysis in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), which held that due process precludes a court from imposing certain asses...

Williams v. Sacramento River Cats Baseball Club, LLC  
Date: September 24, 2019
Docket Number: C086487

Justia Opinion Summary: Plaintiff Wilfert Williams sued defendant Sacramento River Cats Baseball Club, LLC in a common law tort action for failing to hire him due to his race. His complaint also alleged discrimination under the Unruh and Ralph...

Gerawan Farming, Inc. v. Agricultural Labor Relations Board  
Date: September 24, 2019
Docket Number: F076148

Justia Opinion Summary: After the Board issued a decision in which it held that the public does not have a constitutional right to attend mandatory mediation and conciliation (MMC) proceedings, Gerawan filed a declaratory relief action seeking...

Doe v. Occidental College  
Date: September 23, 2019
Docket Number: B284707

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's petition for writ of administrative mandate, arguing that the University's disciplinary proceeding concerning his sexual misconduct with another studen...

People v. Keo  
Date: September 23, 2019
Docket Number: B286844

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for second degree murder of his girlfriend. On appeal, defendant argued that the trial court erred in admitting statements he made while in custody to a social worker p...

People v. Rodriguez  
Date: September 23, 2019
Docket Number: B291137

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction and sentence for attempted murder and other crimes. The court held that the trial court properly admitted defendant's conversation with the informant; the trial court p...

P. v. Newman
Date: September 23, 2019
Docket Number: B291412M
People v. Bay  
Date: September 20, 2019
Docket Number: A154498A

Justia Opinion Summary: A deputy noticed an SUV parked illegally near a popular overlook with three people in it. Bay, whom the deputy knew from prior contacts, stated that he did not have identification and provided a false name. Knowing that...

In re Alonzo M.  
Date: September 20, 2019
Docket Number: A154923

Justia Opinion Summary: After a spree of San Pablo parking lot robberies and purse snatchings, officers found the victims' property in a vehicle occupied by 17-year-old Alonzo and two others. Alonzo admitted to grand theft of a person, taking...

Southern Cal. Pizza Co., LLC v. Certain Underwriters, etc.  
Date: September 20, 2019
Docket Number: G056243

Justia Opinion Summary: In the context of a demurrer by defendant Certain Underwriters at Lloyd’s, London Subscribing To Policy Number 11EPL-20208, the trial court interpreted the term “wage and hour or overtime law(s)” to encompass all provisi...

People v. Superior Court  
Date: September 20, 2019
Docket Number: H046598

Justia Opinion Summary: S.L. was 15 years old at the time of the murder. The prosecution charged S.L. with murder and attempted murder and filed a juvenile wardship petition, alleging that S.L. personally and intentionally discharged a firearm...

People v. Newman  
Date: September 19, 2019
Docket Number: B291412

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for first degree burglary, assault with a firearm, and kidnapping. The court held that the evidence was sufficient to convict defendant of kidnapping and rejected defen...

Lindstrom v. Cal. Coastal Commission  
Date: September 19, 2019
Docket Number: D074132

Justia Opinion Summary: At issue in this appeal and cross appeal of a the trial court's ruling on a petition for writ of administrative mandate James and Karla Lindstrom (the Lindstroms) filed against the California Coastal Commission (the Comm...

Alaama v. Presbyterian Intercommunity Hospital, Inc.  
Date: September 18, 2019
Docket Number: B288360

Justia Opinion Summary: After the hospital terminated plaintiff's privileges and staff membership without giving him a hearing, he filed a complaint that included causes of action seeking a writ of administrative mandate, alleging, among other...

Mackovksa v. Viewcrest Road Properties LLC  
Date: September 18, 2019
Docket Number: B288778

Justia Opinion Summary: Plaintiff and Andrijana Mackovska filed suit alleging that Viewcrest wrongfully removed their personal belongings and took possession of residential property Viewcrest had purchased at a foreclosure sale. The trial court...

Conservatorship of K.P.
Date: September 18, 2019
Docket Number: B291510M
California v. Jenkins  
Date: September 18, 2019
Docket Number: D073662

Justia Opinion Summary: Markeith Jenkins was convicted by jury of assault by means likely to produce great bodily injury, and battery with serious injury. Defendant subsequently admitted to having two prior strike convictions, two prior serious...

In re I.A.  
Date: September 18, 2019
Docket Number: E071757

Justia Opinion Summary: B.A. (Mother) and D.V. (Father) were the parents of six-year-old I.A.-V. (I.) and eight-year-old Is.A.-V. (Is.). Mother and Father had a history with child protective services due to ongoing domestic violence and neglect...

California v. Mejia  
Date: September 18, 2019
Docket Number: G052967

Justia Opinion Summary: A jury convicted Jesus Humberto Mejia of attempted premeditated murder, burglary, robbery, street terrorism, and firearm possession. The jury also returned true findings on associated weapon and street gang allegations....

Cheema v. L.S. Trucking, Inc.  
Date: September 17, 2019
Docket Number: A150234

Justia Opinion Summary: LS, a trucking company, also operates as a broker of construction trucking services. Under a 2009 oral agreement between LS and Cheema, Cheema purchased a Super Dump Truck, with the understanding that LS would purchase t...

Spracher v. Paul M. Zagaris, Inc.  
Date: September 17, 2019
Docket Number: A152941

Justia Opinion Summary: Almost two years into active litigation, defendants moved to compel arbitration of this class action brought on behalf of persons who employed the services of PMZ to buy or sell a residence. The court of appeal affirmed...

Minton v. Dignity Health  
Date: September 17, 2019
Docket Number: A153662

Justia Opinion Summary: Minton, a transgender man diagnosed with gender dysphoria, sued under the Unruh Civil Rights Act, Civil Code 51(b), which guarantees “full and equal accommodations, advantages, facilities, privileges, or services in all...

People v. Nzolameso  
Date: September 17, 2019
Docket Number: B292164

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress the results of a blood test on the grounds that the blood testing was a warrantless search in violation of the Fourth Amendment. Th...

In re Cobbs  
Date: September 17, 2019
Docket Number: C088160

Justia Opinion Summary: Petitioner Ricky Lee Cobbs was convicted of first degree murder, predicated on felony murder based on attempted robbery, and murder as the natural and probable consequence of assault and battery. Petitioner contended the...

California v. Financial Casualty & Surety, Inc.  
Date: September 17, 2019
Docket Number: D073948

Justia Opinion Summary: Financial Casualty & Surety, Inc. (Surety) posted a bail bond on behalf of criminal defendant Abdul Karim Juma. Surety appealed following the trial court's denial of its motion to vacate the trial court's forfeiture of t...

Hicks v. Richard  
Date: September 17, 2019
Docket Number: D074274

Justia Opinion Summary: Damian Richard appealed an order denying in part his special motion to strike Alan Hicks's complaint for defamation and intentional infliction of emotional distress. Hicks was a principal of a Catholic elementary and mid...

Jones v. Awad  
Date: September 17, 2019
Docket Number: F077359

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action brought by plaintiff after she tripped on a step in defendants' garage. The court held that plaintiff failed to...

In re: Alpha Media Resort Investment Cases  
Date: September 16, 2019
Docket Number: A150451

Justia Opinion Summary: The Elliotts were defendants in six civil fraud actions based on an international investment scheme through which they fraudulently induced hundreds of individuals and organizations to invest in Dominican Republic resort...

In re A.J.  
Date: September 16, 2019
Docket Number: A155044

Justia Opinion Summary: In 2017, a juvenile wardship petition was filed (Welfare and Institutions Code 602(a)), alleging that A.J. committed misdemeanor vehicular manslaughter without gross negligence. The probation department supported A.J.'s...

Klugman v. Superior Court  
Date: September 16, 2019
Docket Number: H045415

Justia Opinion Summary: A warrant issued for the search of Klugman’s residence and his dental practice, authorizing the seizure evidence of child pornography. Officers seized extensive electronic evidence contained on multiple devices. Klugman...

Skelton v. Workers Compensation Appeals Board  
Date: September 16, 2019
Docket Number: H046249

Justia Opinion Summary: Skelton sustained an ankle injury in 2012, and a shoulder injury in 2014, while working for the DMV. In the latter incident, she also claimed to have sustained an injury to her neck. Skelton filed separate workers’ compe...

Reynolds v. Lau  
Date: September 13, 2019
Docket Number: A151825

Justia Opinion Summary: Tenants alleged that their former landlord, Lau, violated the owner move-in provisions of the San Francisco Residential Rent Stabilization and Arbitration Ordinance when he instigated eviction procedures against them. Te...

Lake Norconian Club Foundation v. Department of Corrections  
Date: September 13, 2019
Docket Number: A154917

Justia Opinion Summary: The former hotel is listed on the National Register of Historic Places. When it opened in 1929, it was a luxury resort; the Spanish Revival-style building contains Heinsbergen murals, stenciled ceilings, exquisite tile,...

Calaveras Telephone Company v. Public Utilities Commission  
Date: September 13, 2019
Docket Number: C085725

Justia Opinion Summary: Ten small telephone companies sought review of a California Public Utilities Commission (Commission) resolution and decision declining to issue certain funding to Siskiyou Telephone Company (Siskiyou) and Volcano Telepho...

People v. Aviles  
Date: September 13, 2019
Docket Number: F073846

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for attempted premeditated murder of two police officers and possession of a firearm by a felon. In the published portion of the opinion, the court held that People v...

Crouch v. Trinity Christian Center of Santa Ana, Inc.  
Date: September 13, 2019
Docket Number: G055602

Justia Opinion Summary: Plaintiff-respondent Carra Crouch was 13 years old when she was drugged and raped by a 30-year-old employee of the Trinity Christian Center of Santa Ana, Inc. (TCC). The assault took place while plaintiff was in Atlanta...

Levin v. Winston-Levin  
Date: September 13, 2019
Docket Number: G056353

Justia Opinion Summary: In 1986, Robert Levin established a revocable trust, and was thereafter amended several times: in 1993, 2002, 2005, 2006, 2008, 2011 and 2012. After Robert passed away in 2015, litigation erupted, principally over the 20...

City of Dana Point v. New Method Wellness, Inc.  
Date: September 13, 2019
Docket Number: G056741

Justia Opinion Summary: Defendant New Method Wellness, Inc. (New Method), ran a drug treatment facility and housed some of its patients in three residences (the Properties) located in residential zones within the City of Dana Point (Dana Point)...

People v. Thomas  
Date: September 12, 2019
Docket Number: B290614

Justia Opinion Summary: The Court of Appeal affirmed the superior court's order denying defendant's petition for recall of his sentence pursuant to Penal Code, section 1170.126. The court held that the trial court's determination that defendant...

People v. Caceres  
Date: September 12, 2019
Docket Number: B292031

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for criminal threats against the mother of his daughter. The court held that defendant's threats against his child's mother constitute domestic violence under Family Co...

In re L.M.  
Date: September 12, 2019
Docket Number: D075120

Justia Opinion Summary: Kate K. and Jaime S. were the de facto parents of L.M., who was placed in their foster care soon after birth. They challenged a juvenile court's order, made when L.M. was 10-months old, removing her from their care and p...

In re A.W.  
Date: September 12, 2019
Docket Number: G056266

Justia Opinion Summary: A.W. committed five counts of felony vandalism. The court declared minor a ward of the state and ordered him to serve 37 days in juvenile hall. The sole question on appeal was whether the evidence supported a finding tha...

People v. Hughes  
Date: September 11, 2019
Docket Number: A154196

Justia Opinion Summary: Hughes fired five shots while officers were in his apartment responding to a domestic dispute and a report that Hughes might be suicidal. He was convicted of attempted murder of a peace officer and three counts of assau...

Bennett v. Superior Court of Los Angeles County  
Date: September 11, 2019
Docket Number: B292368

Justia Opinion Summary: People v. Sanchez (2016) 63 Cal.4th 665, explicitly prohibited the introduction by an expert of case-specific hearsay. Plaintiff filed a writ petition challenging the trial court's finding of probable cause in a Sexually...

Southern California Edison Co. v. Severns  
Date: September 10, 2019
Docket Number: B286354

Justia Opinion Summary: After SCE filed suit for interference with easement and declaratory relief, defendant cross-complained, seeking damages for nuisance, trespass, and ejectment. The trial court found that SCE was granted floating easements...

People v. Torres  
Date: September 10, 2019
Docket Number: B290895

Justia Opinion Summary: Defendant was convicted by jury for discharging a firearm with gross negligence (count 1), unlawfully causing a fire to an inhabited structure or property (count 2), unlawfully setting fire to property of another (counts...

People v. Hall  
Date: September 10, 2019
Docket Number: B292330

Justia Opinion Summary: Reliable hearsay evidence in arrest and probation reports is admissible to prove ineligibility for Proposition 64 -- which reduces or eliminates penalties for marijuana offenses -- relief. The Court of Appeal affirmed th...

Machado v. Myers  
Date: September 10, 2019
Docket Number: D073824

Justia Opinion Summary: Appellants Bryan and Jackie Myers appealed after the trial court refused to set aside a judgment settling a disagreement between neighbors. Their homes sit on adjacent lots that were once part of a single parcel which, w...

J.H. Boyd Enterprises, Inc. v. Boyd  
Date: September 10, 2019
Docket Number: F078292

Justia Opinion Summary: Appellants appealed the denial of their motion to compel arbitration or, in the alternative, motion for judicial review. Appellants' motion stemmed from claims JHBE brought against them for judicial foreclosure and decla...

People v. Evans  
Date: September 6, 2019
Docket Number: A154841

Justia Opinion Summary: Defendant was convicted of sodomy of a child 10 years old or younger (Pen. Code, 288.7(a))1 and two counts of sexual penetration of a child 10 years old or younger (288.7(b)). Defendant had admitted to both his and the p...

People v. Munoz  
Date: September 6, 2019
Docket Number: B283921A

Justia Opinion Summary: The Court of Appeal vacated its October 11, 2018 nonpublished opinion. In the published portion of this opinion, the court held that Senate Bill 1437, which addresses certain aspects of California law regarding felony m...

DeLisi v. Lam  
Date: September 5, 2019
Docket Number: A151014

Justia Opinion Summary: Plaintiffs filed suit against the new owners of the building in which they rented an apartment, alleging that the purported reason for their eviction was a pretext for the true motivation of increasing the rental value o...

People v. Allison  
Date: September 5, 2019
Docket Number: A153527

Justia Opinion Summary: After defendant was convicted of violent felonies in three different cases, he received a 51 year aggregate sentence in 2005 pursuant to a plea agreement. After his petition for habeas corpus was granted in 2017, he was...

County of Butte v. Dept. of Water Resources  
Date: September 5, 2019
Docket Number: C071785A

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

Mancini & Associates v. Schwetz  
Date: September 4, 2019
Docket Number: B290498

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment entered in favor of the law firm in an action where defendant entered a written settlement and release from a 2008 judgment to the plaintiff in the underlying lawsu...

Thurston v. Midvale Corp.  
Date: September 3, 2019
Docket Number: B291631

Justia Opinion Summary: Plaintiff, who is blind and uses a screen reader, filed suit alleging that defendant violated the Unruh Civil Rights Act by violating the federal American with Disabilities Act of 1990 (ADA). Plaintiff's claims stemmed f...

Davis v. Ross  
Date: September 3, 2019
Docket Number: C086291

Justia Opinion Summary: In a dispute between the parties that started over a disabled parking space, Dennis Ross filed a complaint with police stating that plaintiff Diann Davis vandalized his car. Davis entered a plea of no contest to misdemea...

Weiss v. City of Del Mar  
Date: September 3, 2019
Docket Number: D074370

Justia Opinion Summary: Shirli Weiss, as trustee for her trust, applied under a local scenic view ordinance to compel a neighboring property owner to trim and maintain its landscaping. After the city denied her application, Weiss petitioned for...

People v. Superior Court (T.D.)
Date: September 3, 2019
Docket Number: F078697M
People v. Kumar  
Date: August 30, 2019
Docket Number: A150107

Justia Opinion Summary: Defendant was convicted of vehicular manslaughter with gross negligence. The court sentenced him to two years in prison. He argued the court prejudicially erred by giving “confusing and conflicting instructions” on the m...

Daley v. Regents of the University of California  
Date: August 30, 2019
Docket Number: A153501

Justia Opinion Summary: In 2003, Daley, pregnant with twins, had twin-twin transfusion syndrome (TTTS), a congenital condition involving a circulation abnormality in twins growing from a single placenta. Standard therapy for TTTS in the U.S. wa...

In re D.R.  
Date: August 30, 2019
Docket Number: B293330

Justia Opinion Summary: Father appealed the denial of his motion to modify judgment because DCFS failed to give him adequate notice of dependency proceedings involving his children. The Court of Appeal held that the juvenile court erred by find...

Pena v. Dey  
Date: August 30, 2019
Docket Number: C083266

Justia Opinion Summary: At issue before the Court of Appeals was whether James Robert Anderson, settlor and trustee of the James Robert Anderson Revocable Trust (the trust), validly amended the trust when he made handwritten interlineations to...

In re: Sagin  
Date: August 30, 2019
Docket Number: H044767

Justia Opinion Summary: Sagin was sentenced to life without parole for a 1985 stabbing murder. After the murder, two Monterey County Jail inmates separately reported that Sagin (housed at the jail awaiting trial on other charges) confessed to t...

McClain v. Kissler  
Date: August 29, 2019
Docket Number: A152352

Justia Opinion Summary: Plaintiffs sued Kissler and her medical marijuana collective (Alternatives), alleging defendants failed to pay them for their contract work growing marijuana. The summons and complaint were served: defendants actively pa...

Conservatorship of D.C.  
Date: August 29, 2019
Docket Number: B290408

Justia Opinion Summary: The Court of Appeal affirmed the appointment of a conservator under the Lanterman-Petris-Short Act after a jury found D.C. to be gravely disabled due to a mental disorder. The court held that D.C.'s failure to timely app...

People v. Hall  
Date: August 29, 2019
Docket Number: B292294

Justia Opinion Summary: Defendant pleaded no contest to three counts of identity theft with a prior and was sentenced to three years eight months in county jail. Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157, defendant challenged the f...

Jeffra v. California State Lottery  
Date: August 29, 2019
Docket Number: B292775

Justia Opinion Summary: Plaintiff filed suit against his employer, the California State Lottery, alleging retaliation in violation of the California Whistleblower Protection Act. The trial court denied the Lottery's anti-SLAPP motion to strike...

Conservatorship of M.M.  
Date: August 29, 2019
Docket Number: B293676

Justia Opinion Summary: The Court of Appeal affirmed the appointment of a conservator under the Lanterman-Petris-Short Act after a jury found M.M. to be gravely disabled due to a mental disorder. M.M. contended that the trial court denied his r...

Omlansky v. Save Mart Supermarkets  
Date: August 29, 2019
Docket Number: C085294

Justia Opinion Summary: Plaintiff-relator Matthew Omlansky, by virtue of knowledge gleaned as a state employee involved with the Medi-Cal program, brought this qui tam action in the name of the State of California alleging that defendant Save M...

Quidel Corporation v. Super. Ct.  
Date: August 29, 2019
Docket Number: D075217

Justia Opinion Summary: Quidel Corporation (Quidel) petitioned for a writ of mandate and/or prohibition to direct the trial court to vacate its order granting summary judgment. Quidel contended the trial court incorrectly concluded a provision...

Precision Framing Systems Inc. v. Luzuriaga  
Date: August 29, 2019
Docket Number: E069158

Justia Opinion Summary: Henry and Deborah Luzuriaga contracted with a general contractor for the construction of a commercial building. The general contractor contracted with Precision Framing Systems, Inc. (Precision) for the framing, includin...

Collins v. Thurmond
Date: August 29, 2019
Docket Number: F075781M
California v. Force  
Date: August 29, 2019
Docket Number: G055482

Justia Opinion Summary: Appellant Steven Force was adjudged a sexually violent predator, and received treatment at a state mental hospital for pedophilia and exhibitionism. He challenged the trial court’s order denying his petition to be placed...

Churchman v. Bay Area Rapid Transit District  
Date: August 28, 2019
Docket Number: A151698

Justia Opinion Summary: Churchman alleged she bought a train ticket at a station operated by the Bay Area Rapid Transit District, passed through turnstiles, and went to the boarding platform. She claims she was confused by the “opening and clos...

People v. Buchanan  
Date: August 28, 2019
Docket Number: A153155

Justia Opinion Summary: Buchanan was convicted of several crimes, including kidnapping with intent to commit a sex offense. The court found certain enhancement allegations true and sentenced Buchanan to 60 years to life in prison, which includ...

De la Carriere v. Greene  
Date: August 28, 2019
Docket Number: B285793

Justia Opinion Summary: After appellants obtained a judgment in their favor, the trial court declared Greene the prevailing party and awarded him attorney fees under a contractual attorney fee provision. Greene appealed, contending that the tri...

Conservatorship of K.P.  
Date: August 28, 2019
Docket Number: B291510

Justia Opinion Summary: K.P. appealed from a judgment entered following a jury trial on the petition by the public guardian for reappointment as K.P.'s conservator under the Lanterman-Petris-Short Act (LPSA). The Court of Appeal affirmed, hold...

In re R.C.  
Date: August 28, 2019
Docket Number: B292083

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's finding that R.C. had committed an unauthorized invasion of privacy pursuant to Penal Code section 647, subdivision (j)(3)(A). The court applied the plain meaning of th...

Moore v. Wells Fargo Bank, N.A.  
Date: August 28, 2019
Docket Number: C082231

Justia Opinion Summary: Plaintiff Gregory Moore contacted defendant Wells Fargo, N.A. to discuss possible assistance programs while he was unemployed. Wells Fargo recommended the forbearance plan (Plan) under the Home Affordable Unemployment Pr...

Bustos v. Wells Fargo Bank, N.A.  
Date: August 28, 2019
Docket Number: C085657

Justia Opinion Summary: In 2012, California enacted legislation known as the California Homeowner Bill of Rights, or HBOR, which imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property. The...

Collins v. Thurmond  
Date: August 28, 2019
Docket Number: F075781

Justia Opinion Summary: Plaintiffs challenged the trial court's dismissal with prejudice of their claims brought against the state level defendants. Plaintiffs' claims stemmed from their allegations that KHSD adopted and implemented a district-...

Lopez v. Bartlett Care Center, LLC  
Date: August 28, 2019
Docket Number: G056249

Justia Opinion Summary: Defendant, a 24-hour skilled nursing facility, appealed an order denying its petition to compel arbitration of claims asserting negligent or willful misconduct, elder abuse, and wrongful death filed against it by deceden...

In re Vaquera  
Date: August 28, 2019
Docket Number: G056786

Justia Opinion Summary: The State of California filed an information alleging petitioner Oscar Vaquera committed a lewd or lascivious act against John Doe number one and John Doe number two, who were both children under 14 years of age. These w...

People v. Cadena  
Date: August 27, 2019
Docket Number: B281175

Justia Opinion Summary: Defendant appealed his conviction and sentence for six counts of lewd acts upon a child. The Court of Appeal held that the evidence supported findings as to only two lewd acts on each victim. The court also held that def...

Benton v. Benton  
Date: August 27, 2019
Docket Number: E068870

Justia Opinion Summary: Plaintiff Alphonso Benton (Benton) and defendant Cynthia Moreno Benton (Moreno-Benton) were married and shared a Chino Hills dental practice through late 2014, when they divorced. Benton continued to work at that practic...

Franco v. Greystone Ridge Condominium  
Date: August 27, 2019
Docket Number: G056559

Justia Opinion Summary: In March 2018, employees of defendant Greystone Ridge Condominium, including plaintiff Victor Franco, were presented with and asked to sign an agreement requiring that each employee agree to submit to final and binding a...

Rodriguez v. Workers' Compensation Appeals Board  
Date: August 27, 2019
Docket Number: H045698

Justia Opinion Summary: Rodriguez, a Gulf War veteran, served as a Santa Cruz police officer. 1995-2007. He applied for industrial disability retirement in 2011 with the California Public Employee’s Retirement System based on his PTSD diagnosis...

In re: Marriage of Sahafzadeh-Taeb & Taeb  
Date: August 26, 2019
Docket Number: A152178

Justia Opinion Summary: Taeb’s attorney, Trigger, failed to appear for trial in Taeb’s dissolution case. The court entered a Code of Civil Procedure section 128.5 sanctions order. The court of appeal reversed as to Taeb and affirmed as to Trig...

In re Nicole S.  
Date: August 26, 2019
Docket Number: A154443

Justia Opinion Summary: Nicole, age 13 became a dependent of the juvenile court. Nicole suffered from emotional and behavioral problems and later became “[a] dependent minor who turns 18 years of age” with a permanent plan of long-term foster c...

In re N.C.  
Date: August 26, 2019
Docket Number: A154725

Justia Opinion Summary: N.C., born in 2000, and another minor sexually abused a clearly-intoxicated 17-year-old female high school student outside a private house party after a homecoming dance. The juvenile court entered a dispositional order...

People v. Montellano  
Date: August 26, 2019
Docket Number: B292044

Justia Opinion Summary: The Court of Appeal dismissed the District Attorney's appeal from the trial court's postjudgment order finding defendant eligible for resentencing under Penal Code section 1170.126, the Three Strikes Reform Act of 2012....

Howard Jarvis Taxpayers Assn. v. Newsom  
Date: August 26, 2019
Docket Number: C086334

Justia Opinion Summary: In 2016 the California Legislature passed, and the Governor signed Senate Bill No. 1107, amending Government Code section 85300, a part of the Political Reform Act of 1974. Section 85300 was added by Proposition 73, an i...

California v. Gonzalez  
Date: August 26, 2019
Docket Number: D074500

Justia Opinion Summary: Between 2015 and 2018, Manuel Gonzalez was charged with and pleaded guilty to three cases important to the decision in this appeal. After violating probation in two cases, defendant Gonzalez was sentenced to state prison...

California v. Sapienza  
Date: August 26, 2019
Docket Number: E070547

Justia Opinion Summary: In 2015, pursuant to a plea agreement, defendant-appellant, Jeffrey Sapienza pled guilty to criminal threats. The trial court imposed the upper term of three years of imprisonment, but suspended execution of sentence and...

In re J.F.  
Date: August 26, 2019
Docket Number: E072301

Justia Opinion Summary: B.F. (father) purported to appeal a juvenile court order denying his petition under Welfare and Institutions Code section 388, in which he requested family reunification services and increased visitation with his twin so...

Gates v. Blakemore  
Date: August 23, 2019
Docket Number: E069998

Justia Opinion Summary: In 2017, David Gates and Gage Bruce submitted to the San Bernardino County Registrar of Voters notices of intent to circulate for signatures with respect to nine initiatives. The initiatives were referred to county couns...

Huerta v. City of Santa Ana  
Date: August 23, 2019
Docket Number: G056076

Justia Opinion Summary: Cynthia Huerta, Maria De Jesus Gonzalez and Andres Gonzalez were the parents of three girls who were tragically killed on Halloween night in 2014 when they were struck by a speeding motorist while they were crossing the...

Stopthemillenniumhollywood.com v. City of Los Angeles  
Date: August 22, 2019
Docket Number: B282319

Justia Opinion Summary: Millennium and the City challenged the trial court's ruling that the proposed project failed to comply with the requirements of the California Environmental Quality Act (CEQA). Stopthemillennium cross-appealed the trial...

People v. Grundfor  
Date: August 22, 2019
Docket Number: B289580

Justia Opinion Summary: The Court of Appeal affirmed the trial court's restitution order imposed after defendant pleaded no contest to driving under the influence and injuring another person, and admitted allegations that he had a blood-alcohol...

Wu v. O'Gara Coach Co. LLC
Date: August 22, 2019
Docket Number: B289698M
Cal. Advocates for Nursing Home Reform v. Smith
Date: August 21, 2019
Docket Number: A147987M
Castillo v. Superior Court  
Date: August 21, 2019
Docket Number: A157306

Justia Opinion Summary: A felony complaint was filed against Del Castillo alleging residential burglary with a hot prowl allegation, vandalism, and receiving stolen property. On December 28, he was arraigned. On January 11, Del Castillo waived...

People v. Lopez  
Date: August 21, 2019
Docket Number: B271516A

Justia Opinion Summary: After remand from the California Supreme Court, the Court of Appeal again affirmed defendants' convictions, as well as the related criminal street gang enhancements. The court held that Senate Bill 1437 eliminates aider...

Palm Finance Corp. v. Parallel Media, LLC
Date: August 21, 2019
Docket Number: B288017M
Wu v. O'Gara Coach Co., LLC  
Date: August 21, 2019
Docket Number: B289698

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of O'Gara Coach's motion to disqualify Richie Litigation and its attorneys from representing plaintiff, a former sales advisor at O'Gara Coach, in plaintiff's action a...

People v. Torfason  
Date: August 21, 2019
Docket Number: B293047

Justia Opinion Summary: A recommitment order must be based on the same mental disorder that was the basis for the original commitment. The Court of Appeal reversed the trial court's order recommitting defendant as a mentally disordered offender...

Cleveland Nat. Forest Foundation v. County of San Diego
Date: August 21, 2019
Docket Number: D073744M
In re A.E.  
Date: August 21, 2019
Docket Number: E070578

Justia Opinion Summary: Six children appealed the juvenile court’s dispositional order granting reunification services to their parents. The court found that Welfare and Institutions Code section 361.5 (b)(5) and (b)(6) applied, warranting bypa...

Fuller v. Department of Transportation  
Date: August 20, 2019
Docket Number: B287689

Justia Opinion Summary: A public entity is not liable for an injury caused by a dangerous condition of public property unless the injury was proximately caused by the dangerous condition and the dangerous condition created a reasonably foreseea...

Williams v. Superior Court  
Date: August 20, 2019
Docket Number: C083126A

Justia Opinion Summary: In 2016, petitioner Darren Williams sought extraordinary writ relief from the Court of Appeal. He sought to appeal a superior court order denying his Penal Code section 995 motion to dismiss an indictment issued by a gra...

Davis v. Mariposa County Board of Supervisors  
Date: August 20, 2019
Docket Number: F074986

Justia Opinion Summary: Plaintiffs filed suit challenging a resolution adopted by the Board of Supervisors to levy an annual assessment of $80 upon certain real property to fund expenditures related to firefighting services. After the County pr...

In re Rigsby  
Date: August 20, 2019
Docket Number: F075680

Justia Opinion Summary: After prison officials found Rigsby guilty of possessing contraband, they imposed disciplinary actions which resulted in a 30-day loss of inmate privileges and early release credits. The superior court granted Rigsby hab...

California v. Rodriguez  
Date: August 16, 2019
Docket Number: E069339

Justia Opinion Summary: In 2005, defendant-appellant Jorge Rodriguez pled guilty to unlawful intercourse by a person over 21 under Penal Code1 section 261.5(d). Defendant, as a person over 21, admitted to having sex with a person under the age...

People v. McDaniel  
Date: August 16, 2019
Docket Number: F075749

Justia Opinion Summary: Defendant appealed his multiple convictions for the robbery of several stores and restaurants, raising numerous claims of error. The Court of Appeal held that the trial court properly admitted defendant's police-interrog...

Mass v. Franchise Tax Board  
Date: August 15, 2019
Docket Number: B286857

Justia Opinion Summary: Taxpayers filed suit alleging that their dividends derived from interest on government bonds were unconstitutionally taxed. The Court of Appeal held that Article XIII of the California Constitution exempts interest on st...

Blech v. Blech  
Date: August 15, 2019
Docket Number: B288074

Justia Opinion Summary: Defendant, the beneficiary of a spendthrift trust created by his father, appealed the probate court's order directing the trustee to pay a portion of defendant's 2018 principal disbursement to four judgment creditors in...

People v. Sanchez  
Date: August 15, 2019
Docket Number: B291127

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for committing lewd and lascivious acts when she assaulted a 14 year old family member. The court held that "intent to sexually exploit" the minor is not a second eleme...

People v. Santos  
Date: August 15, 2019
Docket Number: H045518

Justia Opinion Summary: Santos was arrested in connection with a stolen vehicle report. He pleaded no contest to vehicle theft with a prior conviction, possession of methamphetamine, possession of burglary tools, and buying or receiving a stole...

Hersey v. Vopava  
Date: August 14, 2019
Docket Number: B287896

Justia Opinion Summary: Where an offeree achieves a judgment more favorable than a first offer, the determination of whether an offeree obtained a judgment more favorable than a second offer should include all costs reasonably incurred up to th...

People ex rel. California Department of State Hospitals v. S.M.  
Date: August 14, 2019
Docket Number: B292131

Justia Opinion Summary: After S.M was adjudicated a Mentally Disordered Offender (MDO) and committed for treatment to the Department of State Hospitals, he appealed from an order that he be involuntarily administered antipsychotic medication by...

California v. Shah  
Date: August 14, 2019
Docket Number: C085988

Justia Opinion Summary: After receiving a speeding citation, defendant Dr. Nickesh Pravin Shah duped an employee into signing a letter falsely stating that defendant was responding to a medical emergency at the time of the traffic stop. Defenda...

California v. Burns  
Date: August 14, 2019
Docket Number: D074536

Justia Opinion Summary: Derrick Burns struck his girlfriend and led law enforcement on a high-speed chase. A jury convicted him of false imprisonment, evading a police vehicle, infliction of corporal injury on a spouse or cohabitant, and two co...

California v. Meza  
Date: August 14, 2019
Docket Number: E070015

Justia Opinion Summary: Jimmy Flores Meza appealed his conviction for misdemeanor child endangerment. He was charged about two years after he assaulted his 17-year-old daughter on the street. At the State's request and without objection from Me...

California v. Moses  
Date: August 14, 2019
Docket Number: G055621

Justia Opinion Summary: A jury convicted Antonio Moses, III of human trafficking of a minor; attempted pimping of a minor; and pandering. In bifurcated proceedings, the trial court found Moses previously suffered a strike conviction, but dismis...

Clifford v. Quest Software Inc.  
Date: August 14, 2019
Docket Number: G055858

Justia Opinion Summary: In 1995, Daniel Clifford began working for Quest Software Inc. (Quest). In 2012, Dell Inc. acquired Quest to form its software division, Dell Software Inc., which hired Clifford as an employee. In 2015, Clifford particip...

A.J. Fistes Corp. v. GDL Best Contractors, Inc.  
Date: August 13, 2019
Docket Number: B283662

Justia Opinion Summary: Fistes appealed from the trial court's judgment sustaining without leave to amend defendants' demurrer to Fistes' third amended complaint, seeking a declaration that the contract the District awarded to GDL for the remed...

The Nat. Grange of the Order of Patrons of Husbandry v. California Guild  
Date: August 13, 2019
Docket Number: C085210

Justia Opinion Summary: Cases consolidated for review came to the Court of Appeal as part of ongoing litigation between The National Grange of the Order of Patrons of Husbandry (the National Grange) and the Order’s relatively recent charter the...

Mejia v. Merchants Building Maintenance  
Date: August 13, 2019
Docket Number: D074620

Justia Opinion Summary: Defendants Merchants Building Maintenance, LLC and Merchants Building Maintenance Company (the MBM defendants) appeal from an order of the trial court denying their joint motion to compel arbitration. The MBM defendants...

Wolf v. Superior Court  
Date: August 13, 2019
Docket Number: E071318

Justia Opinion Summary: Petitioner Hedy Wolf pled guilty to the misdemeanor offense of making harassing telephone calls. The trial court: (1) granted Petitioner one year of summary probation with the condition she serve one day in jail in lieu...

In re L.C.  
Date: August 12, 2019
Docket Number: B294490

Justia Opinion Summary: The Court of Appeal held that evidence of a legal guardian's occasional methamphetamine use outside the legal guardian's home and while the child was in the care of another adult in the home does not support dependency j...

California v. Stout  
Date: August 12, 2019
Docket Number: C085360

Justia Opinion Summary: A jury convicted defendant Douglas Stout of attempted carjacking, attempted kidnapping, criminal threats, carrying a loaded firearm with the intent to commit a felony, possession of a firearm by a felon, assault with a s...

In re A.W.  
Date: August 12, 2019
Docket Number: C086160

Justia Opinion Summary: Mother C.W. and father J.C. appealed a juvenile court’s orders terminating parental rights and freeing the minor for adoption. The parents contended the juvenile court erred in failing to find the beneficial parental rel...

People v. Tirado  
Date: August 12, 2019
Docket Number: F076836

Justia Opinion Summary: A jury found defendant guilty of robbery, and found that he personally and intentionally discharged a firearm, which proximately caused great bodily injury to another, under Penal Code, section 12022.53, subdivision (d)....

California v. Flores  
Date: August 12, 2019
Docket Number: G055861

Justia Opinion Summary: Following the partial denial of his motion to suppress evidence pursuant to Penal Code section 1538.5, defendant Antonino Flores pleaded guilty to one count of possession for sale of methamphetamine. The court suspended...

Johnson v. Housing Authority of City of Oakland  
Date: August 9, 2019
Docket Number: A154836

Justia Opinion Summary: In February 2015, Johnson’s landlord under the Housing and Community Development Act Section 8 housing assistance program (42 U.S.C. 1437f(o)) served a “lease violation notice” informing Johnson that she had violated her...

Red & White Distribution v. Osteroid Enterprises  
Date: August 9, 2019
Docket Number: B291188

Justia Opinion Summary: R&W appealed a judgment entered after R&W allegedly defaulted in making payments to Osteroid Parties under a settlement agreement. The Court of Appeal held that the trial court erred in entering the stipulated judgment b...

S.C. v. G.S.  
Date: August 9, 2019
Docket Number: H045093

Justia Opinion Summary: Daughter was born in 1994. In 1995, following a request by Mother for child support in a civil paternity action in which Father participated, the court ordered Father to pay $360 per month. The Santa Clara County Departm...

O'Brien v. AMBS Diagnostics, LLC  
Date: August 8, 2019
Docket Number: B288072

Justia Opinion Summary: A 401k plan that a debtor, like the one in this case, creates and controls with the avowed purpose of protecting his assets from creditors is not a plan principally designed and used for retirement purposes, thereby rend...

Potocki v. Wells Fargo Bank, N.A.  
Date: August 8, 2019
Docket Number: C081345

Justia Opinion Summary: Plaintiff-borrowers Thaddeus Potocki and Kelly Davenport sued Wells Fargo Bank, N.A. and several other defendants (collectively, “Wells Fargo”) arising out of plaintiffs’ attempts to get a loan modification. The trial co...

California v. Centeno  
Date: August 8, 2019
Docket Number: D073977

Justia Opinion Summary: Emmanuel Jose Centeno pled guilty to assault with a semiautomatic firearm, robbery, and possession of more than 28.5 grams of marijuana. Centeno also admitted allegations as to counts 1 and 2 that he personally used a fi...

Barclay Hollander Corp. v. California Regional Water Quality Control Board  
Date: August 7, 2019
Docket Number: B284182

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order and judgment upholding the Water Board's determination that Barclay was jointly and severally responsible with real party in interest Shell Oil for the cleanup and aba...

Pina v. County of Los Angeles  
Date: August 7, 2019
Docket Number: B285630

Justia Opinion Summary: Plaintiff filed a personal injury action against the County, alleging that the County negligently caused a bus on which he was a passenger to strike a pillar in 2013. The jury found the County liable and awarded $5000 in...

Palm Finance Corp. v. Parallel Media LLC  
Date: August 7, 2019
Docket Number: B288017

Justia Opinion Summary: Palm filed suit against Parallel to enforce a judgment obtained in the Senior Courts of England and Wales. At issue on appeal was the admissibility of a document titled Final Costs Certificate. The Court of Appeal held...

ClipperJet Inc. v. Tyson  
Date: August 7, 2019
Docket Number: G055491

Justia Opinion Summary: After defendant Randal Tyson’s first failed attempt at removing the case to federal court, his codefendant, Dulany Hill, filed a second notice of removal. Hill’s notice of removal was identical to the one Tyson had filed...

In re A.M.  
Date: August 6, 2019
Docket Number: A154878

Justia Opinion Summary: In 2018, the court of appeal held that a juvenile court’s order committing a minor to the Department of Juvenile Facilities (DJF) must be supported by “some specific evidence in the record of the programs at the DJF expe...

Missionary Guadalupanas of the Holy Spirit v. Rouillard  
Date: August 6, 2019
Docket Number: C083232

Justia Opinion Summary: This case presented a narrow issue of whether respondent Michelle Rouillard in her capacity as director of California’s Department of Managed Health Care (Department) violated the California Administrative Procedure Act...

People v. Jefferson  
Date: August 6, 2019
Docket Number: F074519

Justia Opinion Summary: The Court of Appeal rejected defendant's contention that he was entitled to a remand of his case to permit the trial court to exercise its discretion regarding whether to permit him to seek mental health diversion under...

Smith v. Ogbuehi  
Date: August 6, 2019
Docket Number: F075882

Justia Opinion Summary: The California Constitution and Penal Code section 2601, subdivision (d) provide indigent prisoners with the right of meaningful access to the courts to prosecute civil actions. The Court of Appeal held that one of the d...

People v. Gutierrez-Salazar  
Date: August 6, 2019
Docket Number: F076034

Justia Opinion Summary: The Court of Appeal affirmed defendant's murder convictions and held that the trial court did not prejudicially err in admitting defendant's statements related to the Mexican drug cartel and there was no violation of def...

Blaser v. State Teachers' Retirement System  
Date: August 6, 2019
Docket Number: H045071M

Justia Opinion Summary: California State Teachers’ Retirement System (CalSTRS) manages contributions made by employees and member school districts to the State Teachers’ Retirement Fund. (Ed. Code 22000.) In 2014, the Baxter petitioners, forme...

Sheen v. Wells Fargo Bank, N.A.  
Date: August 5, 2019
Docket Number: B289003

Justia Opinion Summary: Plaintiff filed suit against Wells Fargo in tort for negligent mortgage modification and other claims. The trial court sustained Wells Fargo's demurrer, partly because Wells Fargo did not owe plaintiff a duty in tort dur...

People v. Superior Court (T.D.)  
Date: August 5, 2019
Docket Number: F078697

Justia Opinion Summary: Senate Bill No. 1391 does not unconstitutionally amend Proposition 57. Proposition 57, the Public Safety and Rehabilitation Act of 2016, eliminated a prosecutor's ability to directly file charges in criminal (adult) cour...

People v. Superior Court (I.R.)  
Date: August 5, 2019
Docket Number: F078893

Justia Opinion Summary: For the reasons stated in People v. Superior Court (T.D.), the Court of Appeal rejected the district attorney's claim that Senate Bill No. 1391 unconstitutionally amended Proposition 57. The court also addressed issues n...

People v. Pierce  
Date: August 2, 2019
Docket Number: F074602

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for crimes related to his involvement in an insurance fraud scheme. The court either rejected and/or found any errors, assumed or not, were not prejudicial. In this cas...

California v. Calhoun  
Date: August 2, 2019
Docket Number: G055511

Justia Opinion Summary: John Calhoun recruited 13-year-old D.T. into prostitution, acted as her pimp, treated her violently, and engaged in sex acts with her. A jury convicted him of human trafficking of a minor, pimping a minor under the age o...

Robles v. Employment Development Dept.  
Date: August 1, 2019
Docket Number: A148803

Justia Opinion Summary: Plaintiff appealed the trial court's order denying in part his fee request stemming from an underlying action brought by plaintiff for the wrongful denial of unemployment benefits by EDD and the Board. The Court of App...

Lee v. Department of Parks and Recreation  
Date: August 1, 2019
Docket Number: A154021

Justia Opinion Summary: After plaintiff broke her ankle on a stairway in the Bootjack Campground within Mt. Tamalpais State Park, she filed suit against State Parks for premises liability. The trial court awarded summary judgment to State Parks...

People v. Abdullah  
Date: August 1, 2019
Docket Number: B290563

Justia Opinion Summary: After the Court of Appeal agreed with the trial court and both parties that defendant's original sentence, as reflected in the abstract of judgment, was indeed unauthorized with respect to the serious felony enhancement...

Scott v. City of San Diego  
Date: August 1, 2019
Docket Number: D074061

Justia Opinion Summary: In 2015, San Diego Police Department Sergeant Arthur Scott sued the City of San Diego (City), alleging race discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA). Scott rejected a $7,0...

California v. Hernandez  
Date: August 1, 2019
Docket Number: E069359

Justia Opinion Summary: In 1995, defendant-appellant Hermando Antonio-Vega Hernandez pled guilty to burglary in violation of Penal Code section 4591 on facts that included his entering a convenience store and stealing $18 of beer. He was senten...

Lacayo v. Catalina Restaurant Group Inc.  
Date: August 1, 2019
Docket Number: E069833

Justia Opinion Summary: Defendants-appellants Catalina Restaurant Group, Inc., Carrows Restaurants, Inc., Carrows Family Restaurants, Inc., Coco’s Bakery Restaurants, Inc. and Coco’s Restaurants, Inc. (collectively, Catalina Defendants) appeale...

L'Chaim House, Inc. v. Divison of Labor Standards Enforcement  
Date: July 31, 2019
Docket Number: A152975

Justia Opinion Summary: L’Chaim, which operates residential care homes for seniors, was cited for wage and hour violations by the Division of Labor Standards Enforcement (DLSE). A hearing officer affirmed the citations, which included a total o...

Hubbard v. Coastal Commission  
Date: July 31, 2019
Docket Number: B249835

Justia Opinion Summary: Appellants petitioned the Commission to revoke a coastal development permit (CDP), alleging that MVF's CDP application contained intentional misrepresentations regarding approvals it received from the Los Angeles County...

Ranch at the Falls LLC v. O'Neal  
Date: July 31, 2019
Docket Number: B283986

Justia Opinion Summary: Plaintiff filed suit seeking to quiet title to two claimed easements within residential gated communities in which plaintiff has no ownership interest. The Court of Appeal reversed the trial court's judgment in favor of...

In re C.M.  
Date: July 31, 2019
Docket Number: B291817

Justia Opinion Summary: Father appealed an order providing that he and mother share joint legal custody of their son, issued as an order terminating dependency jurisdiction under Welfare and Institutions Code section 362.4. The Court of Appeal...

People v. Pearson  
Date: July 31, 2019
Docket Number: B293953

Justia Opinion Summary: After the Court of Appeal affirmed defendant's conviction, the Legislature enacted Senate Bill No. 620 to allow the trial court to strike a firearm enhancement imposed pursuant to Penal Code section 12022.53 after senten...

California v. Kopp  
Date: July 31, 2019
Docket Number: D072464

Justia Opinion Summary: A jury convicted appellants Jason Hernandez and Christi Kopp of conspiracy to commit murder (count 3), conspiracy to dissuade a witness (count 4), and furnishing a controlled substance (count 5). The jury also convicted...

1041 20th Street v. Santa Monica Rent Control Bd.  
Date: July 30, 2019
Docket Numbers: B290242, B290956,, B291240

Justia Opinion Summary: Plaintiffs filed petitions for writs of administrative mandamus and sought declaratory relief requesting a finding that the Board was equitably estopped from asserting that rental properties were subject to rent control....

Wilson v. County of San Joaquin  
Date: July 30, 2019
Docket Number: C084895

Justia Opinion Summary: Donald Wilson entered a plea of no contest on a charge of felony child abuse in connection with events culminating in the death on his infant son. He and his wife (plaintiffs) then sued several individuals and entities w...

In re A.L.  
Date: July 30, 2019
Docket Number: H045802

Justia Opinion Summary: A.L. was in a fight with her sister violent enough for police to be called. An officer grabbed A.L.’s arm, stating “I saw you kick her when she was down.” She pulled away. Another officer took her other arm. She dropped...

Baker-Smith v. Skolnick
Date: July 29, 2019
Docket Number: B282946M
In re E.W.  
Date: July 29, 2019
Docket Number: B295083

Justia Opinion Summary: Mother appealed the trial court's orders declaring her son a dependent of the court and removing him from the care, custody, and control of mother, releasing the child to father and terminating jurisdiction with a custod...

Dickinson v. Cosby  
Date: July 26, 2019
Docket Number: B291701

Justia Opinion Summary: This appeal stemmed from Janice Dickinson's public allegations that William Cosby drugged and raped her in 1982. On remand, Cosby filed a second anti-SLAPP motion seeking to strike claims newly asserted in Dickinson's fi...

People v. DeJesus  
Date: July 26, 2019
Docket Number: B293096

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendant's motion to vacate and withdraw his plea of no contest to assault with a firearm. The court held that defendant's plea was not legally invalid where...

Huckey v. City of Temecula  
Date: July 26, 2019
Docket Number: E070213

Justia Opinion Summary: Plaintiff-appellant Charles Huckey sued defendant and respondent, City of Temecula (the City), for injuries he sustained from tripping and falling on a defective city sidewalk. He alleged the sidewalk defect was a danger...

In re J.P.  
Date: July 26, 2019
Docket Number: H046491

Justia Opinion Summary: J.P. (born 2013) and his half-brother, A.A., were taken into protective custody after their mother's arrest. J.P.’s biological father was not involved in J.P.’s life. Albert, A.A.’s biological father, had been living wit...

Valentine v. Plum Healthcare Group, LLC  
Date: July 25, 2019
Docket Number: C080940

Justia Opinion Summary: The owners and operators of a skilled nursing facility contended the trial court erred when it denied their petition to compel arbitration. They attempted to enforce arbitration in this action for elder abuse and wrongfu...

Cleveland Nat. Forest Foundation v. County of San Diego  
Date: July 25, 2019
Docket Number: D073744

Justia Opinion Summary: Real party in interest and respondent Genesee Properties, Inc. (Genesee) sought tentative map approval from respondent County of San Diego (the County) for a 24-lot subdivision on 1416.5 acres of land in San Diego County...

California v. Patton  
Date: July 25, 2019
Docket Number: D074344

Justia Opinion Summary: Defendant Kayvon Patton pleaded guilty to grand theft of personal property and was sentenced to three years of formal probation. Among the conditions of probation was a condition subjecting his electronic devices to warr...

Doe v. Occidental College  
Date: July 24, 2019
Docket Number: B282292

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a petition for writ of mandate seeking to set aside plaintiff's expulsion from Occidental College after an outside adjudicator found he had sexually assaulted and...

Adhav v. Midway Rent A Car, Inc.  
Date: July 24, 2019
Docket Number: B285586

Justia Opinion Summary: Plaintiffs rented cars from Midway and opted to purchase insurance coverage; Midway purchased the policies from KnightBrook and National Specialty; Midway was the insured but was authorized to extend coverage to its cust...

Cole v. Hammond  
Date: July 24, 2019
Docket Number: B292331

Justia Opinion Summary: Defendants moved for mandatory dismissal of a breach of contract action for failure to bring the case to trial within five years, pursuant to Code of Civil Procedure section 583.360. The Court of Appeal held that the app...

Hollingsworth v. Superior Court of Los Angeles County  
Date: July 24, 2019
Docket Number: B297658

Justia Opinion Summary: The Supreme Court has made clear that when a civil action and a workers' compensation proceeding are concurrently pending, "the tribunal first assuming jurisdiction" should determine exclusive jurisdiction. The Court of...

Severson & Werson v. Sephery-Fard  
Date: July 24, 2019
Docket Number: H045161

Justia Opinion Summary: The law firm filed a Petition for Workplace Violence Restraining Orders, identifying 14 lawsuits in which its employees had been involved with Sepehry-Fard, and citing several incidents involving false allegations and th...

Bontilao v. Superior Court  
Date: July 24, 2019
Docket Number: H046157

Justia Opinion Summary: In 1999, Bontilao was convicted of second-degree murder and sentenced by the Santa Clara County Superior Court to 15 years to life in prison. In 2018, Bontilao filed a habeas corpus petition, challenging a 2017 decision...

Rivera v. Kent
Date: July 23, 2019
Docket Number: A147534M
Potter v. Alliance United Insurance Co.  
Date: July 23, 2019
Docket Number: B287614

Justia Opinion Summary: Plaintiff filed suit against AUIC, alleging that the release it procured from the insured was fraudulent conveyance under statutory and common law. In this case, the insured was involved in a car accident that injured pl...

Samsky v. State Farm Mutual Automobile Ins. Co.
Date: July 23, 2019
Docket Number: B293885M
California v. Turner  
Date: July 23, 2019
Docket Number: C086476

Justia Opinion Summary: Mary H. was attacked and robbed at home in the early hours of the morning. A jury found defendants Heaven Turner and Michael Rafferty guilty of first degree robbery; Turner was also found Turner guilty of mayhem. Defenda...

California Advocates for Nursing Home Reform v. Smith  
Date: July 22, 2019
Docket Number: A147987

Justia Opinion Summary: Health and Safety Code section 1418.8 concerns nursing home residents who lack the capacity to make their own health care decisions and are without family members or other legal surrogates. The superior court held that t...

California Public Records Research, Inc. v. County of Alameda  
Date: July 22, 2019
Docket Number: A152843

Justia Opinion Summary: The Alameda County Clerk-Recorder’s Office processes and maintains public records, including documents affecting real property, business records, and marriage, birth and death certificates, so that copies can be made ava...

Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles  
Date: July 22, 2019
Docket Number: B285553

Justia Opinion Summary: HERO appealed the trial court's denial of their petition for writ of mandate, seeking to set aside actions taken by the City in approving a proposal by the owner to convert a vacant 18-unit apartment building into a bout...

People v. North River Insurance Co.  
Date: July 22, 2019
Docket Number: H045228

Justia Opinion Summary: North River posted a $50,000 bail bond for Chirinos’s release from custody. Chirinos appeared in court on February 3 and March 3. The district attorney filed a “notice of motion for release of documents pursuant to subpo...

City of Hesperia v. Lake Arrowead Comm. Serv. Dist.  
Date: July 19, 2019
Docket Number: D075100

Justia Opinion Summary: This appeal centered on whether a solar energy project proposed by a local agency, the Lake Arrowhead Community Services District (District), was exempt from, or whether the District must comply with, the zoning ordinanc...

People v. Rubio  
Date: July 18, 2019
Docket Number: A152455

Justia Opinion Summary: Rubio entered a no-contest plea to possession of a controlled substance with a firearm (Health & Saf. Code 12305) after the trial court denied his motion to suppress evidence found in his converted garage apartment (Pen....

Doe v. Department of Children & Family Services  
Date: July 18, 2019
Docket Number: B276699

Justia Opinion Summary: Plaintiff filed suit against DCFS and a private foster care agency, alleging claims of negligence and failure to perform statutorily mandated duties which resulted in sexual abuse by her foster mother's two sons. The Cou...

People v. Cooper  
Date: July 18, 2019
Docket Number: B286201

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. Defendant alleged that the trial court erred in...

In re A.M.  
Date: July 18, 2019
Docket Number: B293062

Justia Opinion Summary: After father sexually abused A.M., a minor, the juvenile court issued a two-year restraining order prohibiting father from having any visitation or contact with minor. Father appealed the portion of the restraining order...

Sacramentans for Fair Planning v. City of Sacramento  
Date: July 18, 2019
Docket Number: C086182

Justia Opinion Summary: Plaintiff Sacramentans for Fair Planning contended the City of Sacramento violated zoning law and the California Environmental Quality Act (CEQA) when it approved entitlements for real party 2500 J Owners, LLC, to constr...

In re Arroyo  
Date: July 18, 2019
Docket Number: G056020

Justia Opinion Summary: A jury convicted petitioner Tony Arroyo of one count of attempted second degree robbery and one count of assault with a deadly weapon. It also found true two prior serious felony allegations, two strike allegations, and...

Williams v. Fremont Corners, Inc.  
Date: July 18, 2019
Docket Number: H043218

Justia Opinion Summary: Williams, a musician, sued the Fremont Corners Shopping Center for negligence and premises liability after he was assaulted in its parking lot at about 1:30 a.m after performing in the Peacock Lounge in the shopping cent...

Nodal v. Cal-West Rain, Inc.  
Date: July 17, 2019
Docket Number: B285482

Justia Opinion Summary: After a valve assembly blew off a pump station pipe and injured plaintiff, he filed suit against Cal West on a theory of negligent design and construction. The jury returned a 9-3 special verdict that Cal West was not ne...

People v. Williams  
Date: July 17, 2019
Docket Number: B290506

Justia Opinion Summary: The Court of Appeal joined with the courts ruling that defendants who made a plea deal must obtain a certificate of probable cause before asking, on appeal, for a remand for resentencing under Senate Bill No. 1393. The c...

Ortiz v. Dameron Hospital Assn.  
Date: July 17, 2019
Docket Number: C081091

Justia Opinion Summary: Plaintiff Nancy Ortiz sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to hara...

Galvan v. Dameron Hospital Assn.  
Date: July 17, 2019
Docket Number: C081092

Justia Opinion Summary: Plaintiff Shirley Galvan sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to h...

Brown v. City of Sacramento  
Date: July 17, 2019
Docket Number: C082826

Justia Opinion Summary: Plaintiff Wendell Brown sued his employer, the City of Sacramento (City), for racial discrimination and retaliation in violation of the California Fair Employment and Housing Act (FEHA). A jury returned a verdict in Brow...

In re Harley C.  
Date: July 16, 2019
Docket Number: B293323

Justia Opinion Summary: The Court of Appeal held that Local Rule Seven of the McCourtney Courthouse Policies, effective August 13, 2019, is invalid; the rule was adopted in violation of state law; the local rule conflicts with California law; t...

McCleery v. Allstate Insurance Co.  
Date: July 15, 2019
Docket Number: B282851A

Justia Opinion Summary: Inspectors filed a putative class action alleging that they were entitled to, but deprived of minimum wages, overtime, meal and rest breaks, reimbursement of expenses, and accurate wage statements. The Court of Appeal af...

California v. Marsh  
Date: July 15, 2019
Docket Number: D074053

Justia Opinion Summary: A jury convicted defendant Spencer Marsh of assault with a deadly weapon and vandalism. The charges arose from an incident involving a formal Navy SEAL at a fitness club parking lot; the brake lines to the SEAL’s vehicle...

California v. Sexton  
Date: July 15, 2019
Docket Number: D075380

Justia Opinion Summary: Defendant Daniel Sexton was convicted of several crimes committed against Jane Doe, his ex-wife. During the course of the investigation, Jane first accused him of domestic violence, later recanted her allegations, and th...

In re J.S.  
Date: July 11, 2019
Docket Number: D074139

Justia Opinion Summary: Minor J.S. appealed a dispositional order adjudging him a ward of the court pursuant to Welfare and Institutions Code section 602 and placing him on formal probation, subject to various terms and conditions. At the time...

Oxford Preparatory Academy v. Chino Valley Unified School Dist.  
Date: July 11, 2019
Docket Number: D074703

Justia Opinion Summary: This appeal arising from a mandamus action presented a matter of first impression for the Court of Appeal regarding the proper scope of judicial review of a school district's decision to deny a petition to renew a charte...

People v. Bay  
Date: July 10, 2019
Docket Number: A154498

Justia Opinion Summary: The Court of Appeal affirmed defendant's felony convictions for possession of a firearm and ammunition, holding that substantial evidence supported a finding that the contraband was in defendant's constructive possession...

M.L. v. Superior Court  
Date: July 10, 2019
Docket Number: A156130

Justia Opinion Summary: In May 2014, Contra Costa County Children & Family Services filed dependency petitions, seeking the detention of children born in 2008 and 2011. The maternal grandparents took the children. Mother was out of contact for...

Hernandez v. First Student, Inc.  
Date: July 10, 2019
Docket Number: B281161

Justia Opinion Summary: This appeal stemmed from the death of appellants' son after he was struck and killed by a school bus while riding his bicycle. The jury found that the son was 80 percent liable for the accident, and awarded $250,000. App...

Baker-Smith v. Skolnick  
Date: July 10, 2019
Docket Number: B282946

Justia Opinion Summary: After a flying mattress made plaintiff swerve on a freeway and crash at high speed, she filed suit against the company that failed to secure the mattress. The Court of Appeal held that the trial court misinstructed the...

Echeverria v. Johnson & Johnson  
Date: July 10, 2019
Docket Number: B286283

Justia Opinion Summary: This case is one of several coordinated actions alleging that talcum powder products manufactured by defendants caused them to develop ovarian cancer. In 2017, bellwether plaintiff's case was tried to a jury on a single...

Blaser v. State Teachers' Retirement System  
Date: July 10, 2019
Docket Number: H045071

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment and held the continuous accrual theory applies here to the periodic pension benefit payments made to teachers. The court held that CalSTRS is barred by the three-ye...

People ex rel. Allstate Insurance Co. v. Suh  
Date: July 9, 2019
Docket Number: B280293

Justia Opinion Summary: Allstate filed suit under Insurance Code section 1871.7 on behalf of the People against defendant, her mother, and others for insurance fraud in violation of Penal Code section 550, which makes it unlawful to submit fals...

People v. A.C.  
Date: July 9, 2019
Docket Number: B292149

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's decision sustaining a Welfare and Institutions Code section 602 petition and finding that A.C. violated his conditions of probation by making criminal threats. The court...

Crump v. The Superior Court of Los Angeles County  
Date: July 9, 2019
Docket Number: B292786

Justia Opinion Summary: SoCalGas pleaded no contest to a charge of failure to immediately report the release of a hazardous material, and obtained dismissal of other charges, including a count alleging the discharge of air contaminants. Petitio...

Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Date: July 9, 2019
Docket Number: C082079M
Hernandez v. Enterprise Rent-A-Car Co. of S.F.  
Date: July 8, 2019
Docket Number: A152703

Justia Opinion Summary: In 2004, Hernandez, age 11, was a passenger in a 1992 Oldsmobile Cutlass that was involved in a head-on collision; she was seriously injured. Hernandez alleged that the Cutlass was not designed to be crashworthy and did...

Townley v. BJ's Restaurants, Inc.  
Date: July 8, 2019
Docket Number: C086672

Justia Opinion Summary: At issue before the Court of Appeal was whether section 2802 of the California Labor Code required an employer to reimburse its employees for the cost of slip-resistant shoes as “necessary expenditures . . . incurred by...

P. v. Polk
Date: July 8, 2019
Docket Number: E069641M
P. v. Polk
Date: July 8, 2019
Docket Number: E069651M
Primo Hospitality Group, Inc. v. Haney  
Date: July 5, 2019
Docket Number: B283030

Justia Opinion Summary: The Court of Appeal reversed the order awarding sanctions and held that there was no evidence to support finding that the attorney violated Code of Civil Procedure section 128.7. The court held that there was no evidence...

Newstart Real Estate Investment LLC v. Huang  
Date: July 3, 2019
Docket Number: B292417

Justia Opinion Summary: The Court of Appeal affirmed three postjudgment orders thwarting New Start's attempts to collect on a judgment against defendant, and imposing sanctions against it. The rulings were based on the trial court's conclusion...

J.B.B. Investment Partners v. Fair  
Date: July 2, 2019
Docket Number: A152877

Justia Opinion Summary: The defendants are Fair, an attorney, and limited liability companies Fair formed in 2007, which own Arizona apartment units. Plaintiffs are a California limited partnership and a nonattorney individual investor, who inv...

Thee Aguila, Inc. v. Century Law Group  
Date: July 2, 2019
Docket Number: B289452

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of defendants in an action involving proceeds awarded to its tenants as part of an eminent domain proceeding. The court rejected plaintiff's contention tha...

California v. Wright  
Date: July 2, 2019
Docket Number: C082729

Justia Opinion Summary: Defendant Christopher Wright admitted a felony violation of Penal Code section 530.5 (c)(3), acquiring personal identifying information with intent to defraud, in relation to the possession of about 60 credit cards, driv...

California v. Native Wholesale Supply Co.  
Date: July 2, 2019
Docket Number: C084031

Justia Opinion Summary: Defendant Native Wholesale Supply Company (NWS), an Indian-chartered corporation headquartered on a reservation in New York, sold over a billion contraband cigarettes to an Indian tribe in California, which then sold the...

California v. Jacobo  
Date: July 2, 2019
Docket Number: D074887

Justia Opinion Summary: From 2013 through 2015, defendant Eliberto Jacobo, a middle-aged male, used a Facebook account with the fictional female persona of "Marlissa" to send "friend requests" to seven females under age 18, each of whom accepte...

Center for Bio-Ethical Reform v. The Irvine Co.  
Date: July 2, 2019
Docket Number: G055842

Justia Opinion Summary: Defendant The Irvine Company owned various retail centers in California, including the Fashion Island Shopping Center in the City of Newport Beach, and the Irvine Spectrum Center in the City of Irvine. Both centers draw...

People v. Brackins  
Date: July 2, 2019
Docket Number: H043584

Justia Opinion Summary: Brackins was convicted of aggravated assault (Pen. Code 245(a)(4)),1 inflicting corporal injury on a former cohabitant (section 273.5(a)), attempting to dissuade a witness (section 136.1(b)(1)), and misdemeanor vandalism...

Cavalry SPV I, LLC v. Watkins  
Date: July 1, 2019
Docket Number: D072299

Justia Opinion Summary: Sue Watkins defaulted on a credit card she opened through Citibank. Citibank charged off the debt, eventually selling the account to a third party debt collection agency, Cavalry SPV I, LLC (Cavalry). Cavalry added preju...

People v. Weaver  
Date: July 1, 2019
Docket Number: H045301

Justia Opinion Summary: Convicted of making criminal threats and exhibiting a deadly weapon, Weaver was sentenced to four years in prison. Weaver claimed that the trial court erred by failing to hold a hearing on a Marsden motion to discharge a...

People v. Chen  
Date: June 28, 2019
Docket Number: A152754

Justia Opinion Summary: Chen was charged with cultivating marijuana, possession of marijuana for sale, and theft of services. The arraignment form stated, “If you are not a United States citizen, a plea of Guilty or No Contest could result in y...

People v. Wiley  
Date: June 28, 2019
Docket Number: A154248

Justia Opinion Summary: In 1991 Wiley was convicted of first-degree murder, second-degree robbery, and kidnapping. He was sentenced to 26 years to life in prison. In March 2017, Wiley was released on parole. Between August and November 2017 he...

P. v. Wiley
Date: June 28, 2019
Docket Number: A154248A
Esparza v. Safeway, Inc.
Date: June 28, 2019
Docket Number: B287927M
Sweetwater Union HS Dist. v. Julian Union Elementary Sch.  
Date: June 28, 2019
Docket Number: D073878

Justia Opinion Summary: Julian Union Elementary School District (Julian) and Diego Plus Education Corporation (Diego Plus) doing business as Diego Valley Public Charter (Diego Valley, together appellants) appealed an attorney fee award to Sweet...

California v. Jones  
Date: June 28, 2019
Docket Number: E069873

Justia Opinion Summary: Defendant-appellant Carl Jones was convicted of felony sodomy of an unconscious victim pursuant to Penal Code section 286(f). The trial exhibits included a video recording where Jones’s roommate recounted what she had ob...

Ponderosa Telephone Co. v. California Public Utilities Commission  
Date: June 28, 2019
Docket Number: F076845

Justia Opinion Summary: Petitioners, three rural telephone companies, challenged the Commissions' decision establishing petitioners' "cost of capital," which reflects a company's cost of generating or obtaining capital investment in assets that...

ValueRock TN Prop. v. PK II Larwin Square  
Date: June 28, 2019
Docket Number: G056634

Justia Opinion Summary: The case arose from a landlord’s repeated refusal to consent to the proposed assignment of a ground lease for the anchor space in a shopping center. The plaintiffs were the entities that wished to assign the leasehold in...

Rivera v. Kent  
Date: June 27, 2019
Docket Number: A147534

Justia Opinion Summary: Medi–Cal, California’s program under the joint federal-state Medicaid program (Welf. & Inst. Code 14000), provides health care services to certain low-income individuals and families, including the aged, blind, disabled,...

California v. Koback  
Date: June 27, 2019
Docket Number: E066674A

Justia Opinion Summary: Defendant Brian Koback walked into a rental car company office and stole a set of car keys. When confronted by three employees in the parking lot, defendant told the men to back off or he would “f*ck” them up. He then wa...

California v. Super. Ct. (Olivo)  
Date: June 27, 2019
Docket Number: E072283

Justia Opinion Summary: The State sought a writ of mandate to command the trial court to honor the affidavit of prejudice (peremptory challenge) they filed against the trial court judge Joel Agron, under Code of Civil Procedure section 170.6. T...

Lewis v. Ukran  
Date: June 26, 2019
Docket Number: B290128

Justia Opinion Summary: The court held that, in a contested case, a party (typically a defendant) seeking to reduce an award of future damages to present value bears the burden of proving an appropriate method of doing so, including an appropri...

Samsky v. State Farm Mutual Automobile Insurance Co.  
Date: June 26, 2019
Docket Number: B293885

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of plaintiff's motion for costs of proof after State Farm denied eight of his requests for admissions. The court held that the trial court incorrectly placed on plain...

Byrd v. State Personnel Bd.  
Date: June 26, 2019
Docket Number: D073879

Justia Opinion Summary: After 14 years of employment, Clare Byrd received a Notice of Pending Dismissal from her position as Administrative Analyst/Specialist at San Diego State University (SDSU), part of the California State University (CSU) s...

Guillory v. Hill
Date: June 26, 2019
Docket Number: G054027M
California v. Mejia  
Date: June 26, 2019
Docket Number: G056042

Justia Opinion Summary: In 2016, the California Legislature created a new law, which became effective in January 2017, allowing a person who was no longer in custody to file a motion to vacate a conviction because: “The conviction or sentence i...

People v. Alexander  
Date: June 25, 2019
Docket Number: A151809

Justia Opinion Summary: In 2017, appellants were charged with multiple counts of second-degree robbery and one count of receiving stolen property based on a series of robberies in 2012. Farr was also charged with second-degree burglary, making...

People v. Boatwright  
Date: June 25, 2019
Docket Number: A153352

Justia Opinion Summary: In 2013, officers executed a search warrant for a Ukiah residence and seized 107 pounds of marijuana, four grams of methamphetamine, drug paraphernalia, a vacuum-sealing device, and 60 pounds of marijuana shake. Defendan...

In re B.D.
Date: June 25, 2019
Docket Number: A155254M
Jenni Rivera Enterprises, LLC v. Latin World Entertainment Holdings, Inc.  
Date: June 25, 2019
Docket Numbers: B279739, B284358

Justia Opinion Summary: JRE filed suit against defendants in an action stemming from a dispute concerning a television production based on the life of the Mexican-American celebrity Jenni Rivera. JRE filed suit against Rivera's former manager,...

Lomeli v. State Department of Health Care Services  
Date: June 25, 2019
Docket Number: B290608

Justia Opinion Summary: While Ethan Lomeli's guardian filed suit against medical care providers for his catastrophic birth injuries, Medi-Cal paid for his care before and during the lawsuit. After Lomeli settled with defendants, the Department...

Guillory v. Hill  
Date: June 25, 2019
Docket Number: G054027

Justia Opinion Summary: LeRoy Guillory and 11 other plaintiffs appealed the denial of their 42 U.S.C. 1988 motion for attorney fees as prevailing parties in their civil rights claim against defendant Orange County Sheriff’s Department Investiga...

Pneuma International, Inc. v. Cho  
Date: June 24, 2019
Docket Number: A151536

Justia Opinion Summary: Pneuma sued a former employee, a competitor that employee went to work for, and a Pneuma investor, alleging several business torts including claims under the Comprehensive Computer Data Access and Fraud Act (Pen. Code se...

County of Sonoma v. Gustely  
Date: June 24, 2019
Docket Number: A153423

Justia Opinion Summary: January 13, 2017, a Sonoma County Permit and Resource Management Department engineer inspected respondent’s property and observed inadequate and unpermitted retaining walls, one of which directed water to a single point...

Gonzalez v. City National Bank  
Date: June 24, 2019
Docket Number: B284521

Justia Opinion Summary: The Court of Appeal affirmed the probate court's order denying plaintiffs' request, following the death of their daughter, that the remainder of their daughter's special needs trust be distributed to them rather than to...

California v. Korwin  
Date: June 24, 2019
Docket Number: D073830

Justia Opinion Summary: Anthony Korwin was convicted by jury of: attempting to commit a lewd act upon a child, (count 1); contacting a minor with knowledge and intent to commit a sexual offense (count 2); and meeting with a minor for lewd purpo...

People v. J.M.  
Date: June 24, 2019
Docket Number: F077508

Justia Opinion Summary: J.M., a minor, was adjudged a ward of the court and placed on probation with various terms and conditions after he made a false report that a bomb or other explosive device would be placed in his school. In the published...

California v. Toledano  
Date: June 24, 2019
Docket Number: G051787

Justia Opinion Summary: James Toledano was convicted by jury of conspiracy to commit extortion and attempted extortion. Toledano challenged the sufficiency of the evidence to support his convictions, and asserted the trial court misinstructed t...

Timlick v. National Enterprise Systems
Date: June 21, 2019
Docket Number: A154235M
Park Management Corp. v. In Defense of Animals  
Date: June 20, 2019
Docket Number: A148425

Justia Opinion Summary: Six Flags, a Vallejo amusement park, features rides and animal attractions on 138 acres, including a ticketed interior portion with the entertainment activities and an exterior portion with an admissions area connected b...

Eisen v. Tavangarian  
Date: June 20, 2019
Docket Number: B278271

Justia Opinion Summary: The trial court granted an injunction in favor of plaintiffs, finding that defendants violated the view protection provisions of paragraphs 1 and 11 of the covenants, conditions and restrictions (CC&R's) applicable to th...

California v. Montalvo  
Date: June 20, 2019
Docket Number: C078115

Justia Opinion Summary: Posing as undercover police officers, defendant Robert Montalvo and a female associate committed two robberies: they took money from a couple at a hotel, and they pretended to be conducting a prostitution sting operation...

Moss v. Duncan  
Date: June 20, 2019
Docket Number: D075101

Justia Opinion Summary: Plaintiffs-appellants Glenn Moss, Jeri Moss, and Moss Bros. Auto Group, Inc. (collectively, Moss) filed a complaint against defendants-respondents Dale Duncan, CPA, and Rogers, Clem & Company, an accountancy organization...

Ross v. County of Riverside  
Date: June 20, 2019
Docket Number: D075106A

Justia Opinion Summary: Christopher Ross appealed the grant of summary judgment entered in favor of the County of Riverside on Ross's claims for violation of Labor Code section 1102.5 and for violation of the provisions in the Fair Employment a...

P. v. Gentile
Date: June 20, 2019
Docket Number: E069088M
Marriage of Ankola  
Date: June 20, 2019
Docket Number: H045899

Justia Opinion Summary: Manish and Priyanka married in 2014. Manish filed a petition for nullity of marriage in December 2015, alleging that the marriage was voidable based on fraud. Priyanka filed a response, denying the allegations but reques...

Tanguilig v. Valdez  
Date: June 19, 2019
Docket Number: A151994

Justia Opinion Summary: Tanguilig, then 74 years old, sought a restraining order against his neighbor, Valdez, under Welfare and Institutions Code section 15657.03, alleging elder abuse. Tanguilig also sought protection for four members of his...

California v. Superior Court (K.L.)  
Date: June 19, 2019
Docket Number: C088735

Justia Opinion Summary: This case presented a narrow question of whether Senate Bill No. 1391 (Stats. 2018, ch. 1012, section 1) (S.B. 1391) was void as an unconstitutional amendment to Welfare and Institutions Code section 707 as modified by t...

People v. Bankers Insurance Co.  
Date: June 19, 2019
Docket Number: H045635

Justia Opinion Summary: Bankers posted a $25,000 bail bond for the defendant for misdemeanor charges. Defendant had a court date of July 19, at 1:30 p.m. On July 19, during the afternoon session, the trial court stated on the record that defen...

Hanna v. Mercedes-Benz USA  
Date: June 18, 2019
Docket Number: B283776

Justia Opinion Summary: Plaintiff appealed the trial court's award of fees following a settlement of plaintiff's lawsuit against Mercedes-Benz. Determining that it had jurisdiction, the Court of Appeal held that plaintiff was entitled to recove...

Pearl v. City of Los Angeles  
Date: June 18, 2019
Docket Number: B285235

Justia Opinion Summary: The trial court in its role as an independent factfinder had the authority to condition a denial of a new trial motion asserting excessive damages on plaintiff's acceptance of a reduced award in accordance with Code of C...

San Diego Gas & Electric Co. v. San Diego Regional Water etc.  
Date: June 18, 2019
Docket Number: D073968

Justia Opinion Summary: After years of investigation, the San Diego Regional Water Quality Control Board (Regional Board), issued a cleanup and abatement order (CAO) to San Diego Gas & Electric Company (SDG&E) and several other entities, in con...

People v. Perry  
Date: June 18, 2019
Docket Number: F074841

Justia Opinion Summary: Defendant, a former police officer, challenged his conviction for unnecessarily assaulting or beating another person while acting under color of authority. The Court of Appeal held that Penal Code section 149 is governed...

P. v. Montiel
Date: June 17, 2019
Docket Number: A150250M
Hoag Memorial Hospital Presbyterian v. Kent  
Date: June 17, 2019
Docket Number: A153724

Justia Opinion Summary: Hoag, a Newport Beach acute care hospital whose patients include beneficiaries of California’s Medi-Cal program, was audited by the California Department of Health Care Services. Hoag’s cost report for fiscal year 2009 i...

Swanson v. County of Riverside  
Date: June 17, 2019
Docket Number: D075081

Justia Opinion Summary: Brandon M. was taken to Riverside County Medical Center by the Corona Police Department for an involuntary hold, pursuant to Welfare and Institutions Code section 5150. He was released before 72 hours had elapsed, and he...

Orozco v. WPV San Jose, LLC  
Date: June 17, 2019
Docket Number: H044014

Justia Opinion Summary: Orozco opened Pauly’s Famous Franks N Fries at San Jose's "The Plant" shopping center. Before signing a 10-year lease, he asked the leasing manager whether restaurants with competing concepts or products were being consi...

Raney v. Cerkueira  
Date: June 14, 2019
Docket Number: A152549

Justia Opinion Summary: Wife moved out of the couple's joint tenancy property and sought dissolution of marriage. The summons included an automatic Family Code section 2040 order, prohibiting the parties from transferring property without the o...

Greiner v. Keller  
Date: June 14, 2019
Docket Number: A154755

Justia Opinion Summary: Mother has legal and physical custody of the child. Father was ordered to pay one-half of reasonable childcare costs. Mother sought an order, directing Father to pay one-half of childcare costs incurred while she attende...

Kennedy v. Superior Court  
Date: June 14, 2019
Docket Number: A157089

Justia Opinion Summary: The Medical Board of California sought the medical records of three minors for whom Dr. Kennedy provided vaccination exemptions. After Kennedy refused to produce the records, the Director superior court granted a petitio...

Conger v. County of Los Angeles  
Date: June 14, 2019
Docket Number: B288575

Justia Opinion Summary: After the Department rescinded plaintiff's probationary promotion to lieutenant based on investigatory findings that he had failed to report a use of force several months before the Department promoted him to the probati...

Howard Jarvis Taxpayers Assn. v. Amador Water Agency  
Date: June 14, 2019
Docket Number: C082079

Justia Opinion Summary: Citizens submitted a referendum petition to challenge Amador Water Agency’s Board Resolution No. 2015-19, adopting new water service rates for Agency customers. The Clerk of the Agency rejected the referendum petition an...

Center for Biological Diversity v. CA Dept. of Conservation  
Date: June 14, 2019
Docket Number: C083913

Justia Opinion Summary: The Center for Biological Diversity appealed the denial of its petition for a writ of mandate challenging an environmental impact report (EIR) prepared by the California Department of Conservation, Division of Oil, Gas a...

California v. McShane  
Date: June 14, 2019
Docket Number: E069547

Justia Opinion Summary: Defendant Douglas McShane's teenage daughter ran away from home. At the daughter’s urging, three of her friends tried to steal defendant’s truck. Defendant stumbled across the theft in progress, chased the thieves, and a...

California v. Polk  
Date: June 14, 2019
Docket Number: E069641

Justia Opinion Summary: Defendant-appellant Tanner Polk, an inmate at the California Rehabilitation Center in Norco, was found in his cell with eight small pieces of cut-up and numbered paper, along with a greeting card. The correctional office...

Doe v. Superior Court  
Date: June 13, 2019
Docket Number: D075331

Justia Opinion Summary: Plaintiff-petitioner Jane Doe, a student-employee in the campus police department at Southwestern College, brought claims relating to sexual harassment and sexual assault against defendants-real parties Southwestern Comm...

Bennett v. Rancho Cal. Water Dist.
Date: June 13, 2019
Docket Number: G054617M
United Grand Corp. v. Malibu Hillbillies, LLC  
Date: June 12, 2019
Docket Number: B283833

Justia Opinion Summary: This appeal stemmed from a civil action brought by United Grand to recover overdue rent from Malibu Hillbillies and its guarantor. After a default judgment, United Grand sought almost $2 million in attorney fees for its...

Marriage of Benner  
Date: June 12, 2019
Docket Number: D073758

Justia Opinion Summary: At the direction of the trial court, respondent Rebecca Tam filed a petition seeking to join appellant Dr. John Kachorek as a party to the marital dissolution proceeding between her and her former husband, Paul Benner. I...

California v. John  
Date: June 12, 2019
Docket Number: E070022

Justia Opinion Summary: Defendant Shelly John was permitted to plead guilty to felony offenses alleged against her. The trial court accepted a stipulation she was insane at the time she committed the offenses, and she should serve her sentence...

City and County of San Francisco v. Uber Technologies, Inc.  
Date: June 11, 2019
Docket Number: A153205

Justia Opinion Summary: Uber is a “transportation networking company” (TNC) regulated by the California Public Utility Commission (CPUC). All TNCs must submit annual reports to the CPUC, containing specified data, and file an annual accessibil...

California v. Raybon  
Date: June 11, 2019
Docket Number: C084853

Justia Opinion Summary: Five defendants, all of whom were serving a sentence for a conviction of Penal Code section 4573.6, an offense that is no longer a crime pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act (Health & Saf....

Estate of Sapp  
Date: June 11, 2019
Docket Number: E068030

Justia Opinion Summary: Edith Rogers appealed her removal as administrator of the estate of her grandfather Roscoe Sapp, Sr. (decedent), who died in 1994. Armuress Sapp and Brian Lincoln, two of decedent’s grandsons, separately petitioned to re...

Lasalle v. Vogel  
Date: June 11, 2019
Docket Number: G055381

Justia Opinion Summary: From 2011 to 2015, Appellant Attorney Joanna Vogel represented plaintiff-respondent Angele Lasalle in the dissolution of a registered domestic partnership with Minh Tho Si Luu. Lasalle repeatedly failed to provide discov...

Esparza v. Safeway, Inc.  
Date: June 10, 2019
Docket Number: B287927

Justia Opinion Summary: Plaintiffs, former Safeway employees, appealed the trial court's judgment against them on two causes of action under the unfair competition law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA). The C...

Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Date: June 10, 2019
Docket Number: C086260A
Ross v. County of Riverside  
Date: June 10, 2019
Docket Number: D075106

Justia Opinion Summary: Christopher Ross appeals from a summary judgment granted in favor of the County of Riverside on Ross's claims for violation of Labor Code section 1102.5 and for violation of the provisions in the Fair Employment and Hous...

California v. Kidd  
Date: June 10, 2019
Docket Number: E070996

Justia Opinion Summary: After being charged with several felony offenses, defendant-respondent Martell Kidd was twice unsuccessful in having the evidence against him suppressed on motions brought pursuant to Penal Code section 1538.5, first at...

Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.  
Date: June 7, 2019
Docket Number: C086260

Justia Opinion Summary: Amalgamated Transit Union, Local 276 and its president, Alan Wagner (collectively, the Union) brought this mandamus petition against the San Joaquin Regional Transit District (the District), alleging the Union had the ri...

Wertheim, LLC v. Currency Corp.  
Date: June 6, 2019
Docket Number: B277633

Justia Opinion Summary: After Wertheim LLC obtained a money judgment against Currency Corporation, Wertheim sought to satisfy the judgment from the appeal bond but Currency blocked disbursement. Wertheim and Currency later litigated their respe...

Mettias v. The Pep Boys  
Date: June 6, 2019
Docket Number: B287831

Justia Opinion Summary: After Philip and Febi Mettias died from complications associated with mesothelioma, their children brought a wrongful death action against various defendants. The jury returned a special verdict in favor of Honeywell an...

Cuevas-Martinez v. Sun Salt Sand, Inc.  
Date: June 6, 2019
Docket Number: E070843

Justia Opinion Summary: After successfully obtaining summary judgment on a lawsuit brought by his former employer, Antonio Cuevas-Martinez sued the employer and their attorney (collectively, respondents) for malicious prosecution. Respondents f...

Veiseh v. Stapp  
Date: June 6, 2019
Docket Number: F075173

Justia Opinion Summary: California case law establishes that "lawful possession" simply means actual, peaceful possession and a person with actual possession can sue for trespass even if he or she does not have any legal rights in the land. Aft...

Rudisill v. California Coastal Commission  
Date: June 5, 2019
Docket Number: B289179

Justia Opinion Summary: After the trial court awarded sanctions in the form of attorney fees against real parties in interest for filing a frivolous anti-SLAPP motion, real parties appealed the sanction order. The anti-SLAPP motion concerned al...

Allied Signal Aerospace v. Workers' Compensation Appeals Board  
Date: June 5, 2019
Docket Number: B293080

Justia Opinion Summary: An employer's decision to deny or modify a physician's request for specific medical services for an injured employee is subject to review under the "utilization review" process; utilization review is handled by medical e...

California v. Gutierrez  
Date: June 5, 2019
Docket Number: D073103A

Justia Opinion Summary: A jury convicted defendant Salvador Gutierrez of nine counts of committing lewd and lascivious acts upon a child. In a bifurcated proceeding, the court found true that defendant had been convicted of two serious felonies...

McMillin Homes Construction v. Natl. Fire & Marine Ins. Co.  
Date: June 5, 2019
Docket Number: D074219

Justia Opinion Summary: A general contractor was covered as an additional insured on a commercial general liability (CGL) policy issued to its roofing subcontractor. The insurer refused to defend the general contractor after it was sued by home...

California v. Warner  
Date: June 4, 2019
Docket Number: C077711M

Justia Opinion Summary: The Court of Appeals' decision issued May 7, 2019 was modified. On a Saturday night of a long July 4th holiday weekend, defendant Shane Warner took a semiautomatic hand gun, concealed in his waistband into a bar and shot...

Mercury Ins. Co. v. Lara
Date: June 4, 2019
Docket Number: G054496N
Berger v. Varum  
Date: June 3, 2019
Docket Number: A150629

Justia Opinion Summary: Berger hired the Varum defendants to design and provide technical support for constructing a building in San Francisco. Significant problems with the design emerged during demolition and construction so that Berger had t...

People v. Osotonu  
Date: May 31, 2019
Docket Number: A147060A

Justia Opinion Summary: In 1996, Osotonu and other were charged with three counts of second-degree burglary, six counts of possession of a destructive device near certain places, five counts of sale or transportation of a destructive device, at...

In re J.M.  
Date: May 31, 2019
Docket Number: A153296

Justia Opinion Summary: J.M. (aged 14) and another female minor attacked minor Jane at a cemetery. They took turns slapping, punching and kicking Jane and pulling her hair. Jane estimated that the attack lasted 10 minutes; her injuries included...

California v. Fryhaat  
Date: May 31, 2019
Docket Number: E070847

Justia Opinion Summary: Defendant-appellant and Jordanian citizen Kamal Abdul Fryhaat had been living in the United States for over 30 years. In 2001, he pleaded guilty to various drug-related offenses and admitted to having suffered a prior pr...

Longview International, Inc. v. Stirling  
Date: May 31, 2019
Docket Number: H044905

Justia Opinion Summary: Catambay’s husband was sued in Santa Clara County for embezzlement. Longview International won a judgment for more than one million dollars and recorded an abstract of judgment in San Mateo County, creating a judgment li...

Stokes v. Baker  
Date: May 30, 2019
Docket Number: B279241

Justia Opinion Summary: Plaintiffs Clara and Vaughn Stokes filed suit alleging that defendant, Dr. Ellen Baker M.D., negligently failed to diagnose a subarachnoid hemorrhage afflicting Ms. Stokes when she was presented to Dr. Baker's emergency...

P. v. Franks
Date: May 30, 2019
Docket Number: C085073M
California v. Gentile  
Date: May 30, 2019
Docket Number: E069088A

Justia Opinion Summary: A jury convicted Joseph Gentile of first degree murder in connection with the 2014 beating death of Guillermo Saavedra by means of using a golf club, wooden chair, and a beer bottle. The prosecution’s main witness testif...

Levinson Arshonsky & Kurtz LLP v. Kim  
Date: May 29, 2019
Docket Number: B289308

Justia Opinion Summary: Defendant appealed the denial of his petition to compel arbitration of a fee dispute with his former attorneys pursuant to the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200, et seq. The...

California v. Franks  
Date: May 29, 2019
Docket Number: C085073

Justia Opinion Summary: Defendant Allen Bocteemus Franks killed his girlfriend. On appeal, defendant contended his conviction for voluntary manslaughter had to be overturned due to his counsel’s implicit concession during closing argument that...

California v. Hurtado  
Date: May 29, 2019
Docket Number: D074351

Justia Opinion Summary: Antonio Hurtado appealed an order requiring him to pay victim restitution to the City of San Diego (City) for seven incidents of graffiti. Hurtado argued the City's method for calculating restitution was "generalized and...

Bennett v. Rancho Cal. Water Dist.  
Date: May 29, 2019
Docket Number: G054617

Justia Opinion Summary: Plaintiff Shawn Bennett sued defendant Rancho California Water District (the District) for whistleblower retaliation in violation of Labor Code section 1102.5(b). The matter was tried in front of a jury, and the trial co...

Lugo v. Corona  
Date: May 28, 2019
Docket Number: B288730

Justia Opinion Summary: Criminal and civil protective orders may coexist, and the issuance of one does not bar the other. Plaintiff challenged the family court's denial of her request for a domestic violence restraining order (DVRO) against her...

Jozefowicz v. Allstate Ins. Co.  
Date: May 28, 2019
Docket Number: G055643

Justia Opinion Summary: Plaintiff Stanley Jozefowicz owned a mobilehome that was damaged in a fire. At the time, Jozefowicz’s mobilehome was insured under an Allstate homeowners policy. Jozefowicz submitted a claim to Allstate for the fire dama...

Nunez v. Nevell Group, Inc.  
Date: May 28, 2019
Docket Number: G056585

Justia Opinion Summary: Nevell Group, Inc. (Nevell) filed a motion to compel arbitration of the claims filed against it by former employee Xavier Nunez. Nevell and the union to which Nunez belonged were parties to a collective bargaining agreem...

Marriage of Miotke  
Date: May 28, 2019
Docket Number: H040611

Justia Opinion Summary: Natalia and Peter Miotke began communicating in 1995. Natalia lived in Russia and Peter in the U.S. Both were trained architects. All of their correspondence was in English. Natalia began working for a Houston architectu...

In re B.D.  
Date: May 24, 2019
Docket Number: A155254

Justia Opinion Summary: After a Welfare and Institutions Code section 366.26 hearing, the parental rights for eight-year-old B.D. were terminated. The court approved a permanent plan of adoption and determined that the parents failed to meet th...

California v. Austin  
Date: May 24, 2019
Docket Number: D073523

Justia Opinion Summary: Richard Austin appealed a trial court order finding him in violation of a special condition of parole (condition 25) restricting him from contacting the "crime victim(s)," specified as "Lisa [H.] or Brent [M.]" According...

In re E.P.  
Date: May 24, 2019
Docket Number: G054375B

Justia Opinion Summary: The juvenile court found E.P. committed second degree burglary, possessed graffiti tools, received stolen property, and illegally possessed an alcoholic beverage. The Court of Appeal initially concluded that the evidence...

P. v. Bolding
Date: May 24, 2019
Docket Number: G055187M
Dane-Elec Corp. v. Bodokh  
Date: May 24, 2019
Docket Number: G055312

Justia Opinion Summary: This appeal presented an issue regarding the effect of Labor Code section 218.5 on a prevailing party employer’s right to recover contract-based attorney fees from an employee. In this case, Dane-Elec Corporation USA (Da...

Kahan v. City of Richmond  
Date: May 23, 2019
Docket Number: A150866

Justia Opinion Summary: Kahan purchased property in Richmond at a foreclosure sale. Shortly before the sale, the city had recorded a “special assessment” lien against the property for unpaid garbage collection fees, pursuant to a municipal ordi...

Timlick v. National Enterprise Systems, Inc.  
Date: May 23, 2019
Docket Number: A154235

Justia Opinion Summary: Timlick filed a class action complaint, alleging that after defaulting on a loan, Timlick received a collection letter from a third-party debt collector (NES) that did not comply with section 1812.701(b) of the Consumer...

DiRaffael v. California Army National Guard  
Date: May 23, 2019
Docket Number: B284859

Justia Opinion Summary: Plaintiff, appearing in propria persona, appealed from the denial of his petition for a writ of mandate directing the California Army National Guard (CAARNG) to vacate an order separating him, a commissioned officer, fro...

P. v. Berg
Date: May 23, 2019
Docket Number: D073749M
People v. Craine  
Date: May 23, 2019
Docket Number: F074622

Justia Opinion Summary: Defendant was convicted of indecent exposure. Because the conviction was his sixth one, the offense was a felony and he was sentenced to 7 years in prison. In the published portion of the opinion, the Court of Appeal hel...

People v. Galindo  
Date: May 22, 2019
Docket Number: A154509

Justia Opinion Summary: Galindo pled no contest to mayhem and admitted two prior serious felony conviction allegations pursuant to a plea bargain. The court of appeal upheld his 19-year prison sentence, rejecting Galindo’s claim that his case m...

California v. Astorga-Lider  
Date: May 22, 2019
Docket Number: D073992

Justia Opinion Summary: Yolanda Astorga-Lider pled guilty to six felony counts, including two counts of violating Penal Code section 115 (a). One of those counts, grand theft (count 6), involved Astorga-Lider encumbering certain real property,...

People v. Grandberry  
Date: May 21, 2019
Docket Number: A152188

Justia Opinion Summary: Grandberry was charged with unlawful possession of a dirk or dagger while confined in state prison with prior strike offenses: a 1996 conviction for first-degree murder and a 1988 conviction for second-degree robbery. Du...

Han v. Hallberg  
Date: May 21, 2019
Docket Number: B268380

Justia Opinion Summary: Almost twenty years after four dentists formed a partnership to acquire and maintain a dental office building, the then-partners amended their agreement to allow one of the partners, Dr. Richard Hallberg, to assign his p...

Citizens Oversight v. Vu  
Date: May 21, 2019
Docket Number: D073522

Justia Opinion Summary: Plaintiffs-appellants Citizens Oversight, Inc., a Delaware non-profit corporation, and Raymond Lutz (collectively, "Citizens") filed an action against defendants-respondents Michael Vu, the San Diego Registrar of Voters,...

Shalabi v. City of Fontana  
Date: May 21, 2019
Docket Number: E069671

Justia Opinion Summary: In a third amended complaint, plaintiff-appellant Luis Shalabi sued defendants-respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights (42 U.S.C. 1983). Shalabi alleged that...

People v. Reyes  
Date: May 20, 2019
Docket Number: A152557

Justia Opinion Summary: Richmond Police Officer Gault and his colleagues conducted a traffic stop of a vehicle driven by Navarro. Reyes sat in the front passenger seat with a lunch pail on his lap. Gault suspected Reyes “was trying to hide some...

B.H. v. Manhattan Beach Unified School District  
Date: May 20, 2019
Docket Number: B281864

Justia Opinion Summary: At issue in this case was whether a school district may be permitted to avoid its responsibility to provide special education and related services to an eligible student to fund the placement of a child with severe disab...

Paxton v. Bd. of Admin., CalPERS  
Date: May 20, 2019
Docket Number: C086204

Justia Opinion Summary: Plaintiff Dr. Robert Paxton reviewed claims for disability benefits for the Department of Social Services, where he worked. This dispute arose after the California Public Employees’ Retirement System (CalPERS) determined...

Taulbee v. EJ Distribution Corp.  
Date: May 20, 2019
Docket Number: G054545

Justia Opinion Summary: In 2012, appellant Stephen Taulbee suffered catastrophic injuries after driving his Jeep into the back of a truck parked in a triangular-shaped zone demarcated by the freeway and the exit ramp (gore point). Taulbee and h...

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...

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