California Courts of Appeal Decisions 2019

Opinions 1 - 500 of 1026

Ojjeh v. Brown  
Date: December 31, 2019
Docket Number: A154889

Justia Opinion Summary: Defendants solicited and obtained $180,000 from plaintiff produce a documentary on the Syrian refugee crisis. Plaintiff sued, alleging that no “significant” work on the documentary has occurred, that defendants never int...

People v. Blanchard  
Date: December 31, 2019
Docket Number: A156720

Justia Opinion Summary: Blanchard entered a no-contest plea to second-degree burglary. The court suspended the imposition of sentence and placed Blanchard on behavioral health probation for three years. In 2018, Blanchard was twice charged with...

Long Beach Unified School Dist. v. Margaret Williams, LLC
Date: December 31, 2019
Docket Number: B290069M
Patel v. Mercedes-Benz USA  
Date: December 31, 2019
Docket Number: B293813

Justia Opinion Summary: Plaintiff filed suit against MBUSA under the Song-Beverly Consumer Warranty Act after the navigation system in the vehicle he leased from MBUSA experienced recurring problems. The jury found that the vehicle had a substa...

Rincon EV Realty LLC v. CP III Rincon Towers, Inc.  
Date: December 26, 2019
Docket Number: A152935

Justia Opinion Summary: In 2007, Plaintiffs borrowed $110 million from Bear Stearns to finance the purchase of a San Francisco apartment complex. In 2010, after plaintiffs defaulted, CP purchased the property at a nonjudicial foreclosure sale....

Noori v. Countrywide Payroll & HR Solutions, Inc.  
Date: December 26, 2019
Docket Number: C084800

Justia Opinion Summary: Plaintiff Mohammed Noori sued his former employer, Countrywide Payroll & HR Solutions, Inc., for violations of California law relating to mandated information on employee itemized wage statements. Plaintiff alleged, amon...

Union Pacific Railroad Co. v. Ameron Pole Products LLC  
Date: December 26, 2019
Docket Number: C088360

Justia Opinion Summary: In September 2014, a driver was rear-ended by an SUV driven by a Union Pacific employee. The motorist lost control of her car, spinning off the freeway and onto the dirt shoulder, where it struck a roadside light pole. T...

In re M.T.  
Date: December 24, 2019
Docket Number: A155224

Justia Opinion Summary: During a physical fight between M.T. and the victim during which the victim’s cell phone and case dropped to the ground, another student picked up and stole the victim’s cell phone and case. The Contra Costa County Distr...

Cacho v. Eurostar, Inc.  
Date: December 24, 2019
Docket Number: B284827

Justia Opinion Summary: Plaintiffs filed suit against their former employer, Eurostar, alleging that the company violated California wage and hour laws by failing to provide employees with required meal and rest breaks and compelling employees...

California v. Brantley  
Date: December 24, 2019
Docket Number: C087675

Justia Opinion Summary: Defendant Markeese Brantley committed the crime of possession of marijuana while he was in state prison, but both his guilty plea and sentencing for that crime took place after he was released from prison. Before sentenc...

P. v. Medrano
Date: December 24, 2019
Docket Number: F068714M
People v. Ellis  
Date: December 24, 2019
Docket Number: F076421

Justia Opinion Summary: Senate Bill No. 1393 amended Penal Code sections 667, former subdivision (a)(1), and 1385, former subdivision (b), and granted trial courts the discretion to strike or dismiss the previously mandatory five-year prior ser...

Covington v. Great Basin Unified Air Pollution Control Dist.  
Date: December 23, 2019
Docket Number: C080342

Justia Opinion Summary: Petitioners challenged the adequacy of the Environmental Impact Report (EIR) to accurately estimate the amount of Reactive Organic Gas (ROG) emissions and to adopt all feasible mitigation measures. The challenge arises f...

Placencia v. Strazicich
Date: December 23, 2019
Docket Number: G055631M
Meadowbrook Ins. Co. v. Workers' Compensation App. Bd.
Date: December 20, 2019
Docket Number: C088882M
California v. Keene  
Date: December 20, 2019
Docket Number: D074871

Justia Opinion Summary: Appellant Donald Keene sought, for the first time on appeal, to challenge the trial court's imposition of various fines, fees and assessments as part of his sentence for one count of failure to register as a sex offender...

California v. Windfield  
Date: December 20, 2019
Docket Number: E055062B

Justia Opinion Summary: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a semi-automatic firearm, along with gun discharge and gang enhancement alle...

Smith v. LoanMe, Inc.  
Date: December 20, 2019
Docket Number: E069752

Justia Opinion Summary: Jeremiah Smith filed a class action complaint against LoanMe, Inc., alleging that LoanMe violated the California Invasion of Privacy Act. Smith alleged that LoanMe violated Penal Code section 632.7 by recording a phone c...

SF Urban Forest Coalition v. City and County of San Francisco  
Date: December 19, 2019
Docket Number: A155098

Justia Opinion Summary: The 1986 Bay Area County Traffic and Transportation Funding Act (Pub. Util. Code 131000) established a framework for counties and cities within the nine-county San Francisco Bay area to collectively develop and implement...

Safeway Wage and Hour Cases  
Date: December 19, 2019
Docket Number: B287103

Justia Opinion Summary: Former managers of Safeway supermarket stores filed suit seeking unpaid overtime wages, claiming they had been misclassified as exempt executives under regulations applicable to the mercantile industry. A jury found that...

C.W. Howe Partners Inc. v. Mooradian  
Date: December 19, 2019
Docket Number: B290665

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendants' anit-SLAPP motion in an action brought by plaintiffs for express indemnity, equitable indemnity, contribution and declaratory relief. The trial court h...

Gordon v. ARC Manufacturing, Inc.  
Date: December 19, 2019
Docket Number: D075373

Justia Opinion Summary: Beau Gordon, a professional roofer, fell 35 feet through a "camouflaged hole" in a warehouse roof he was inspecting. For the resulting head injury, a jury awarded Gordon approximately $875,000 against the building's owne...

Doe v. Dept. of Corrections and Rehabilitation  
Date: December 19, 2019
Docket Number: E071224

Justia Opinion Summary: Former psychologist at Ironwood State Prison (Ironwood), John Doe, sued his former employer, the California Department of Corrections and Rehabilitation (CDCR), under the California Fair Employment and Housing Act (FEHA)...

City of Desert Hot Springs v. Valenti  
Date: December 19, 2019
Docket Number: E071694

Justia Opinion Summary: The City of Desert Hot Springs (the City) tried to abate a public nuisance by serving the owner of a dilapidated hotel/motel with notice that it was required to correct numerous building and safety violations. When the o...

Beames v. City of Visalia  
Date: December 19, 2019
Docket Number: F075855

Justia Opinion Summary: After plaintiff obtained a writ relief when a City of Visalia hearing officer ruled against him in a zoning dispute, his motion for attorney's fees under the Civil Rights Act of 1976 was denied. In this case, plaintiff's...

In re: Pacific Gas & Electric "San Bruno Fire" Cases  
Date: December 18, 2019
Docket Number: A152330

Justia Opinion Summary: Shareholder derivative lawsuits were filed against PG&E’s management regarding the 2010 San Bruno pipeline explosion were consolidated and resolved by a settlement agreement that provided for settling plaintiffs’ counsel...

United Artists Theater etc. v. Cal. Regional Wat. Quality etc.
Date: December 18, 2019
Docket Number: A152988M
Rall v. Tribune 365, LLC  
Date: December 18, 2019
Docket Number: B284566A

Justia Opinion Summary: Plaintiff, a political cartoonist and blogger, filed suit against The Times and others, alleging causes of action for defamation and for wrongful termination in violation of public policy. Plaintiff filed suit after The...

Citizens for Positive Growth & Preservation v. City of Sacramento  
Date: December 18, 2019
Docket Number: C086345

Justia Opinion Summary: Defendant the City of Sacramento (City) approved and adopted a 2035 General Plan in March 2015. At the same time, the City certified the environmental impact report (EIR) for the 2035 General Plan in accordance with the...

O&C Creditors Group v. Stephens & Stephens XII
Date: December 17, 2019
Docket Number: A151789M
Jackson v. LegalMatch
Date: December 17, 2019
Docket Number: A152442M
Riley v. Alameda County Sheriff's Office  
Date: December 17, 2019
Docket Number: A156407

Justia Opinion Summary: Riley was riding a motorcycle through a green light in Oakland, when he was struck by a car fleeing from Sheriff’s deputies in marked cars. The suspects in the car that struck Riley were suspected of theft and the car ha...

In re William M.W.  
Date: December 17, 2019
Docket Number: A156489

Justia Opinion Summary: The Social Services Agency alleged that the children were exposed to domestic violence and substance abuse. The court declared the minors to be juvenile court dependents, removed them from parents’ care, and ordered reun...

P. v. Wilson
Date: December 17, 2019
Docket Number: B287272M
People v. Zaldana  
Date: December 17, 2019
Docket Number: B295959

Justia Opinion Summary: Defendant appealed his sentence imposed after being convicted of six counts involving the molestation of his two daughters. The court rejected defendant's contention that his "multiple victim" finding could only justify...

McDermott Ranch v. Connolly Ranch  
Date: December 17, 2019
Docket Number: C085433

Justia Opinion Summary: This case stemmed from a 1958 real estate transaction between the predecessors in interest to plaintiff McDermott Ranch, LLC (McDermott) and the predecessors in interest to defendant Connolly Ranch, Inc. (Connolly). The...

County of Yolo v. American Surety Co.  
Date: December 17, 2019
Docket Number: C087140

Justia Opinion Summary: Appellant, Yolo County (County), appealed an order granting respondent’s, American Surety Company, motion to set aside the summary judgment and exonerate bail. The State charged defendant Francisco Estrella with numerous...

People v. Ramirez  
Date: December 17, 2019
Docket Number: F076911

Justia Opinion Summary: Defendant appealed her conviction for several offenses stemming from a sexual relationship she had with a 16 year old boy. The court held that defendant's conviction for arranging a meeting with a minor for lewd purposes...

Visalia Unified School District v. Superior Court of Tulare County  
Date: December 17, 2019
Docket Number: F077032

Justia Opinion Summary: Real party in interest filed suit against the school district and two individuals for, inter alia, retaliation in violation of the Reporting by School Employees of Improper Governmental Activities Act. The trial court su...

Taniguchi v. Restoration Homes LLC  
Date: December 16, 2019
Docket Number: A152827B

Justia Opinion Summary: If the principal secured by a mortgage or deed of trust becomes due because of the borrower’s default in making payments Civil Code 2924c allows the borrower to reinstate the loan and avoid foreclosure by paying the amou...

In re Anthony L.  
Date: December 16, 2019
Docket Number: A154220

Justia Opinion Summary: Five teenagers attacked a 61-year-old man in his driveway. The incident was captured on security cameras. Minor’s teacher identified him from photographs. San Francisco Police Sergeant Smith contacted Minor’s mother, sta...

California v. Warner  
Date: December 16, 2019
Docket Number: C077711A

Justia Opinion Summary: 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. He shot across the bar’s semidark dance floor, illuminated by a strobe...

Loeb v. County of San Diego  
Date: December 16, 2019
Docket Number: D074347

Justia Opinion Summary: Sally Loeb sued the County of San Diego (County) for personal injuries she allegedly sustained when she tripped on an uneven concrete pathway in a County park. The County filed successive motions for summary judgment bas...

People v. Rubio  
Date: December 13, 2019
Docket Number: A152455A

Justia Opinion Summary: East Palo Alto Police Sergeant Simmont received an alert of shots fired in a high-crime neighborhood where Simmont had responded to murders. Simmont and other officers spoke with witnesses at the address, who reported se...

Wong v. Wong  
Date: December 13, 2019
Docket Number: A154286

Justia Opinion Summary: During their marriage, Wong held a 48.5 percent interest and Tang held an 11 percent interest in Asian Square, which owns San Jose’s Grand Century Mall. Their divorce judgment provided that Wong would transfer to Tang al...

Ashmus v. Super. Ct.
Date: December 13, 2019
Docket Number: A158011M
Holden v. City of San Diego  
Date: December 13, 2019
Docket Number: D074474

Justia Opinion Summary: Stephen Taylor was convicted by jury of numerous sex offenses against his adopted daughters, Jane Doe 1 and Jane Doe 2. In total, the jury convicted him on 12 counts. The trial court sentenced him to prison for a one-yea...

California v. Taylor  
Date: December 13, 2019
Docket Number: E069293

Justia Opinion Summary: Stephen Taylor was convicted by jury of numerous sex offenses against his adopted daughters, Jane Doe 1 and Jane Doe 2. In total, the jury convicted him on 12 counts. The trial court sentenced him to prison for a one-yea...

People v. Trout-Lacy  
Date: December 13, 2019
Docket Number: H046492

Justia Opinion Summary: The victim and the defendant got into a physical fight. The victim had been using methamphetamine and had not slept in days. The defendant punched the victim in the face five times and slammed his head against the ground...

People v. Wetle  
Date: December 13, 2019
Docket Number: H046762

Justia Opinion Summary: Commercial crab traps must have a destruction device so that trapped wildlife can escape if the trap is lost or abandoned. The California Department of Fish and Wildlife was patrolling Monterey Bay and saw crab trap buo...

ENA North Beach, Inc. v. 524 Union Street  
Date: December 12, 2019
Docket Number: A152431

Justia Opinion Summary: Hong, the president of ENA, sought to open a restaurant with a license to serve beer and wine in a building owned by 524 Union, which had housed restaurants for many years. After leasing the premises, ENA was unable to o...

ENA North Beach, Inc. v. 524 Union Street
Date: December 12, 2019
Docket Number: A152431M
Luke v. Sonoma County  
Date: December 12, 2019
Docket Number: A155286

Justia Opinion Summary: In 2002 or 2003, Sonoma County authorized increased pension benefits for County employees, pursuant to a settlement of employee lawsuits alleging past miscalculation of retirement benefits. In doing so, the County failed...

Physicians Com. for Responsible etc. v. L.A. Unified School Dist.  
Date: December 12, 2019
Docket Number: D073797

Justia Opinion Summary: Physicians Committee for Responsible Medicine (Physicians Committee) filed a petition for writ of mandate seeking to prohibit local educational agencies Los Angeles Unified School District (LAUSD) and Poway Unified Schoo...

California v. Vivar  
Date: December 12, 2019
Docket Number: E070926

Justia Opinion Summary: Defendant-appellant Robert Vivar pled guilty to possession of materials with the intent to manufacture methamphetamine. Defendant was placed on probation for three years, and as a condition of probation was to serve one...

California v. Clark  
Date: December 12, 2019
Docket Number: G055874

Justia Opinion Summary: A jury convicted defendant Donald Clark of human trafficking of a minor (count 1), attempted pimping of a minor (count 2), and pandering (count 3). The court sentenced defendant to a total state prison term of 16 years a...

Kiluk v. Mercedes-Benz USA, LLC  
Date: December 12, 2019
Docket Number: G056344

Justia Opinion Summary: This case involved the sale of a certified preowned Mercedes Benz that still had a portion of the new vehicle warranty remaining, and which was accompanied by an additional used vehicle warranty issued by the manufacture...

Mathews v. Happy Valley Conference Center, Inc.  
Date: December 12, 2019
Docket Number: H043723

Justia Opinion Summary: Mathews worked for Happy Valley Conference Center in the Santa Cruz Mountains. Valley is an affiliate of the Community of Christ. When a younger male employee confided in Mathews that Valley’s female executive director h...

Kim v. County of Monterey  
Date: December 12, 2019
Docket Number: H045577

Justia Opinion Summary: Monterey County's Laguna Seca Raceway obtained a license from the Fédération Internationale de Motocyclisme (FIM) to hold FIM-sanctioned motorcycle racing events. No one at the Sports Car Racing Association of the Monter...

P. v. Chubbuck
Date: December 11, 2019
Docket Number: E071274M
California v. Royal  
Date: December 10, 2019
Docket Number: D074343

Justia Opinion Summary: In May 2007, police responded to a 911 call. Something resembling the lower half of a person was in the middle of Millar Ranch Road. The victim, R.J., lay partially in the bushes. Part of his brain and skill fragments we...

People v. Howell  
Date: December 10, 2019
Docket Number: F078241

Justia Opinion Summary: The Court of Appeal held that substantial evidence supported the trial court's order authorizing the involuntary administration of antipsychotic medication. In the published portion of the opinion, the court held as a...

City of Santa Maria v. Adam  
Date: December 10, 2019
Docket Number: H042712

Justia Opinion Summary: In 1997 the Water District sued to adjudicate rights in the Santa Maria Valley Groundwater Basin. Landowners (primarily farmers) filed cross-complaints, seeking to quiet title to their overlying rights. In a previous app...

Long Beach Unified School District v. Margaret Williams, LLC  
Date: December 9, 2019
Docket Number: B290069

Justia Opinion Summary: The Court of Appeal affirmed the trial court's dismissal of the school district's cross-complaint under the anti-SLAPP statute. In the underlying action, Margaret Williams and her LLC filed suit against the school distri...

D.W. v. Superior Court  
Date: December 9, 2019
Docket Number: B294110

Justia Opinion Summary: After D.W. was found unfit for juvenile treatment based on the allegation that, at age 17, he committed second degree murder under the theory of natural and probable consequences, the juvenile court transferred his case...

Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Date: December 9, 2019
Docket Number: B297195M
Hood v. Gonzales  
Date: December 9, 2019
Docket Number: D074006

Justia Opinion Summary: Defendant-appellant John-David Gonzales (Gonzales) appealed trial court orders that led to the disbursement of settlement funds to respondents Michael Silvers, a law corporation (Silvers), Panish, Shea & Boyle (PSB), Mic...

Sturgell v. Department of Fish and Wildlife  
Date: December 6, 2019
Docket Number: A154448

Justia Opinion Summary: Sturgell was a commercial fisher for 48 years. He held Dungeness crab permits in Washington, Oregon, and California. During the 2012–2013 season, Sturgell landed 203,045 pounds of crab in California. Sturgell’s taking of...

Bernstein v. LaBeouf  
Date: December 6, 2019
Docket Number: B288054

Justia Opinion Summary: Plaintiff filed suit against actor Shia LaBeouf for assault, slander, and intentional infliction of emotional distress after LaBeouf confronted plaintiff and called him a "racist" after plaintiff refused to serve LaBeouf...

In re Adam H.  
Date: December 6, 2019
Docket Number: B298289

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's dispositional order removing son from father's custody under Welfare and Institutions Code section 361, subdivision (c). The court held that the juvenile court erroneousl...

In re J.A.  
Date: December 6, 2019
Docket Number: E072398

Justia Opinion Summary: Sixteen months after a jurisdiction and disposition hearing where the juvenile court placed mother J.A.’s twin children with their nonoffending, noncustodial father and dismissed the dependency with family law exit order...

People v. Gonzalez  
Date: December 5, 2019
Docket Number: A150198

Justia Opinion Summary: Following a "road rage" incident, Gonzalez was convicted of assault with a firearm, shooting at an occupied motor vehicle, and possession of a firearm by a felon. The jury found that he personally used a firearm during t...

People v. Ollo  
Date: December 5, 2019
Docket Number: B290948

Justia Opinion Summary: A defendant's act of furnishing drugs and the user's voluntary act of ingesting them constitute concurrent direct causes, such that the defendant who so furnishes personally inflicts great bodily injury upon his victim w...

People v. Bernal  
Date: December 5, 2019
Docket Number: H045620

Justia Opinion Summary: Security cameras captured Bernal ransacking a home. A witness later saw him breaking into a car in a driveway and called 911. Arrested, Bernal had in his possession the items taken from the car and other stolen property....

Ashmus v. Superior Court  
Date: December 4, 2019
Docket Number: A158011

Justia Opinion Summary: In 1984, Ashmus was charged with offenses including first-degree murder and rape. On Ashmus’s pretrial motion, the Sacramento County court transferred venue to San Mateo County. After Ashmus was convicted, the San Mateo...

Soni v. SimpleLayers, Inc.  
Date: December 4, 2019
Docket Number: B284164

Justia Opinion Summary: Under the LACBA's Rules for Conduct of Mandatory Arbitration of Fee Disputes Pursuant to Business & Professions Code Section 6200 et seq., service is complete at the time of deposit in the mail and not extended for servi...

Canyon View Ltd. v. Lakeview Loan Servicing, LLC  
Date: December 4, 2019
Docket Numbers: B285489, B286322, B286614, B286686

Justia Opinion Summary: Canyon View appealed from the trial court's orders denying its motion for attorney fees and costs under the Mobilehome Residency Law (MRL). In the published portion of this opinion, the court held that an action need not...

Narith S. v. Superior Court  
Date: December 4, 2019
Docket Number: B296384

Justia Opinion Summary: The Court of Appeal joined the First, Third, Fourth, Fifth, and Sixth Districts in holding that Senate Bill No. 1391, which eliminates the district attorneys' ability to seek transfer of 14 and 15 year olds from juvenile...

Fabian v. Renovate America, Inc.  
Date: December 4, 2019
Docket Number: D075519

Justia Opinion Summary: Renovate America, Inc. (Renovate) appealed an order denying its petition to compel arbitration of Rosa Fabian's claims related to the financing and installation of a solar energy system in her home. Fabian filed a compla...

Garcia v. Rosenberg  
Date: December 4, 2019
Docket Number: F076012

Justia Opinion Summary: After plaintiffs filed a malicious prosecution action against defendant, who was the attorney for the opposing party in a prior litigation, defendant filed an anti-SLAPP motion. The Court of Appeal held that the evidence...

Gonzalez v. City of Los Angeles  
Date: December 3, 2019
Docket Numbers: B287125, B287249

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgments granting petitions for writ of mandate filed by plaintiffs, former LAPD sergeants. The trial court ordered the city to vacate plaintiffs' terminations and provide...

In re Milton  
Date: December 3, 2019
Docket Number: B297354

Justia Opinion Summary: The Court of Appeal denied a petition for writ of habeas corpus, holding that People v. Gallardo (2017) 4 Cal.5th 120, did not apply retroactively to petitioner. The court explained that Gallardo, which held that a court...

In re I.I.  
Date: December 3, 2019
Docket Number: B298184

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdictional order and findings that father's children are persons described by Welfare and Institutions Code section 300, subdivision (f). The juvenile court previousl...

People v. Medrano  
Date: December 3, 2019
Docket Numbers: F068714A, F069260

Justia Opinion Summary: Defendants Martinez and Medrano argued that the recent enactment of Senate Bill 1437 requires reversal of their attempted murder convictions because the jury instructions and the prosecutor's arguments allowed the jury t...

People v. Larios  
Date: December 3, 2019
Docket Number: F078759

Justia Opinion Summary: Defendant appealed the trial court's order denying a petition for recall of sentence and resentencing pursuant to Penal Code section 1170.95. The Court of Appeal affirmed the trial court's order denying relief to defenda...

People v. Leelu  
Date: December 3, 2019
Docket Number: H045703

Justia Opinion Summary: Leelu was charged with misdemeanor trespass and, two weeks later, with stalking. Leelu stated that she wanted to represent herself, and made several incoherent statements. The trial court stated, “I had some experience...

Mendocino Redwood Co., LLC v. County of Mendocino  
Date: December 2, 2019
Docket Number: A155737

Justia Opinion Summary: The Albion Little River Fire Protection District, organized under Health and Safety Code 13800, lies within a state responsibility area. MRC, a commercial timberland operator, owns 8,269.54 acres of commercial timberland...

Association for Los Angeles Deputy Sheriffs v. County of Los Angeles  
Date: December 2, 2019
Docket Number: B289597

Justia Opinion Summary: ALADS appealed the trial court's decision sustaining a demurrer to ALADS's complaint without leave to amend. In this case, ALADs filed suit against the county over the county's alleged breach of a labor agreement. The...

In re Schuster  
Date: December 2, 2019
Docket Number: C087276

Justia Opinion Summary: Todd Schuster petitioned the superior court for a writ of habeas corpus, seeking early parole consideration under Proposition 57. At the time, an emergency regulation of the California Department of Corrections and Rehab...

Short v. Superior Court  
Date: December 2, 2019
Docket Number: H046372

Justia Opinion Summary: Short was tried for seven sex offenses allegedly committed against his adopted daughter. The jury acquitted Short of the offense alleged to have occurred when the victim was six years old, failed to reach a verdict as t...

Jackson v. LegalMatch.com  
Date: November 27, 2019
Docket Number: A152442

Justia Opinion Summary: The website, www.legalmatch.com, connects individuals to lawyers, based on an intake form and client specifications. LegalMatch represents that it “does not screen or vouch for any of its users” and does “not imply an en...

United Artists Theater Circuit, Inc. v. Regional Water Quality Control Board, San Francisco Region  
Date: November 27, 2019
Docket Number: A152988

Justia Opinion Summary: Under Water Code section 13304, a prior owner of property may be required to participate in the cleanup of wastes discharged from its property that resulted in groundwater contamination if that person “caused or permitte...

Carroll v. City and County of S.F.
Date: November 27, 2019
Docket Number: A155208M
California Taxpayers Action Network v. Taber Construction, Inc.  
Date: November 27, 2019
Docket Number: A155803

Justia Opinion Summary: After Mount Diablo School District hired Taber to modernize eight school campuses, the plaintiffs challenged the District’s use of a lease-leaseback agreement for the construction project. The court of appeal affirmed th...

People v. Bryant  
Date: November 27, 2019
Docket Number: B271300A

Justia Opinion Summary: Defendant appealed his mandatory supervision imposed after he was convicted of possessing a concealed, loaded, unregistered firearm in a vehicle. Defendant challenged, under People v. Lent (1975) 15 Cal.3d 481, 486, the...

People v. Anderson  
Date: November 27, 2019
Docket Number: B289456

Justia Opinion Summary: Defendant appealed his conviction and challenged the imposition of fines and fees under People v. Dueñas (2019) 30 Cal.App.5th 1157. The Court of Appeal held that the trial court properly admitted evidence of defendant s...

In re Parrish  
Date: November 27, 2019
Docket Number: B292582

Justia Opinion Summary: The Court of Appeal affirmed the denial of habeas relief to Kahael Jevon Parrish, who was convicted of felony murder. Parish and two others robbed a market where a customer was shot and killed. The court held that, altho...

County of El Dorado v. Super Ct.
Date: November 27, 2019
Docket Number: C088409M
California v. Gaynor  
Date: November 27, 2019
Docket Number: D073763

Justia Opinion Summary: David Gaynor was convicted by jury of: using the personal identification information of another (counts 1, 4 and 7); forgery, possessing a completed check with the intent to defraud (count 2); burglary (count 3); possess...

Molloy v. Vu  
Date: November 27, 2019
Docket Number: D075593

Justia Opinion Summary: The San Diego County (County) Board of Supervisors approved an amendment to the County's general land use plan, which would have allowed for the development of over 2,100 homes in a previously designated rural area of th...

Fish v. Super. Ct.  
Date: November 27, 2019
Docket Number: D076060

Justia Opinion Summary: Petitioner Mason Fish was involved in a fatal motor vehicle collision and thereafter charged with (among other offenses) three counts of gross vehicular manslaughter while intoxicated. Based on Fish's statements to law e...

Berg v. Colgate-Palmolive Co.  
Date: November 26, 2019
Docket Number: A154245

Justia Opinion Summary: After he developed mesothelioma, Berg sued Colgate-Palmolive, whose predecessor, Mennen, manufactured shaving talc he had used in 1959 to 1961 or 1962. During that period he used a total of four to six containers of the...

People v. Belloso  
Date: November 26, 2019
Docket Number: B290968

Justia Opinion Summary: Defendant appealed from the trial court's judgment entered after a jury convicted him of carrying a concealed dirk or dagger. Defendant argued that the evidence was insufficient to support his conviction, and that the tr...

County of L.A. Child Support Services Dept. v. Watson  
Date: November 26, 2019
Docket Number: B291505

Justia Opinion Summary: The Department filed suit against defendant, seeking an order compelling him to make monthly child support payments effective December 1, 2017. After defendant failed to respond, the superior court entered a default judg...

Regency Midland Construction, Inc. v. Legendary Structures Inc.
Date: November 26, 2019
Docket Number: B292602M
In re Mohammad  
Date: November 26, 2019
Docket Number: B295152

Justia Opinion Summary: After petitioner pleaded no contest to nine counts of second degree robbery and six counts of receiving stolen property, the trial court designated one of the receiving stolen property counts of conviction (count 11) as...

California v. Jennings  
Date: November 26, 2019
Docket Number: D074352

Justia Opinion Summary: Brian Jennings was convicted by jury on four counts of burglary and one count of attempted burglary. Jennings challenged only his count 3 burglary conviction, which offense involved his alleged entry into a commercial es...

Placencia v. Strazicich  
Date: November 26, 2019
Docket Number: G055631

Justia Opinion Summary: Ralph Placencia died, leaving behind, among other things, a will, a trust, and a joint bank account with an express right of survivorship in favor of one of his daughters, appellant Lisa Strazicich. Ralph left clear stat...

Anderson v. City of San Jose  
Date: November 26, 2019
Docket Number: H045271

Justia Opinion Summary: San Jose, a California charter city, enacted a policy for the sale of surplus city-owned land. Plaintiffs, low-income city residents, claimed that the policy violated the Surplus Land Act (Gov. Code 54220-54233), which...

O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC  
Date: November 25, 2019
Docket Number: A151789

Justia Opinion Summary: Fireman’s Fund issued insurance covering property damage at Stephens's warehouse. Three days after the policy became effective, Stephens discovered that burglars stripped the property of all electrical and conductive mat...

People v. Drayton  
Date: November 25, 2019
Docket Number: A155725

Justia Opinion Summary: M.G. and her son were standing on a train platform. Drayton, whom she had formerly dated, approached M.G. from behind and grabbed her “like a bear hug.” The train was approaching; she tried to get free, but he grasped he...

Kanovsky v. At Your Door Self Storage  
Date: November 25, 2019
Docket Number: B297338

Justia Opinion Summary: Plaintiffs filed suit against the storage company, demanding to be paid for their losses after water damaged their property. In this case, the contract the customers signed specified that the company was not responsible...

Marriage of Pasco  
Date: November 25, 2019
Docket Number: C085721

Justia Opinion Summary: The parties were married for just over 20 years. A stipulated judgment dissolving their marriage was filed in December 2014, and included the parties’ agreement for spousal support. Richard Pasco appealed a postjudgment...

City of Anaheim v. Bosler  
Date: November 25, 2019
Docket Number: C087417

Justia Opinion Summary: This appeal involved an effort to "foist" the pension and retiree healthcare costs for city employees who performed redevelopment-related work onto the successor agency to the now-abolished Anaheim Redevelopment Agency (...

California v. Salcido  
Date: November 25, 2019
Docket Number: E067578A

Justia Opinion Summary: Defendant Sara Salcido was in the business of providing immigration services — typically, obtaining visas for her clients that would allow them to stay in the United States legally. Defendant failed to comply with the co...

In re Jones  
Date: November 22, 2019
Docket Number: A157877

Justia Opinion Summary: Jones is serving a sentence of life in prison without the possibility of parole (LWOP) for a 1994 murder he committed when he was 19 years old. In 2018, Jones filed a petition to recall his sentence, citing Penal Code 11...

Chen v. Los Angeles Truck Centers, LLC  
Date: November 22, 2019
Docket Number: B265304A

Justia Opinion Summary: The Supreme Court remanded this case after finding that the trial court was not required to reconsider the choice of law after the Indiana defendant settled out. The Supreme Court concluded that the trial court may revis...

Tesoro Refining & Marketing Co., LLC v. L.A. Regional Water Quality Control Board  
Date: November 22, 2019
Docket Number: B288889

Justia Opinion Summary: Tesoro appealed the denial of a writ of mandate seeking to set aside a cleanup and abatement order (CAO) issued by the Regional Board. As a threshold matter, the court held that the factual question of when Tesoro's pipe...

Briganti v. Chow  
Date: November 22, 2019
Docket Number: B289046

Justia Opinion Summary: The Court of Appeal affirmed the trial court's partial denial of defendant's anti-SLAPP motion. Plaintiff filed suit after defendant posted comments in Facebook that she alleged were, among other things, defamatory. Th...

In re J.R.  
Date: November 22, 2019
Docket Number: C088052

Justia Opinion Summary: Mother of the minor, J.R., appealed a juvenile court’s September 11, 2018, order selecting guardianship as the permanent plan and terminating dependency jurisdiction. She also appealed the court’s January 13, 2017, visit...

County of Ventura v. Public Employment Relations Board  
Date: November 21, 2019
Docket Number: B294825

Justia Opinion Summary: SEIU filed an unfair practice charge with the PERB, alleging that the county's refusal to process its petition to represent nonphysician employees of medical clinics violated the Meyers-Milias-Brown Act (MMBA). The MMBA...

Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.  
Date: November 21, 2019
Docket Number: C088882

Justia Opinion Summary: In separate incidents, claimants Miguel Velazquez and Servando Velazquez suffered injuries within the scope of their employment, and each required Spanish language interpreting services in connection with their medical c...

Highland Springs Conference etc. v. City of Banning  
Date: November 21, 2019
Docket Number: E069248

Justia Opinion Summary: Plaintiffs-appellants, Highland Springs Conference and Training Center (Highland Springs) and Banning Bench Community of Interest Association (Banning Bench), appealed August 3 and 4, 2017, orders limiting the attorney f...

People v. Wilson  
Date: November 20, 2019
Docket Number: B287272

Justia Opinion Summary: Defendant pleaded no contest to forcible rape and admitted prior felony convictions after the trial court denied his Faretta motion. In the published portion of the opinion, the Court of Appeal held that defendant was no...

Leiper v. Gallegos  
Date: November 20, 2019
Docket Number: B292905

Justia Opinion Summary: A tax sale of real property described in the deed as pertaining to surface rights does not include oil and gas rights which are "restrictions of record" in a previously recorded oil and gas lease. The Court of Appeal hel...

People v. Cutting  
Date: November 20, 2019
Docket Number: B295298

Justia Opinion Summary: Defendant appealed his sentence imposed after remand for resentencing with the direction that the trial court strike a nine-year enhancement imposed under Health and Safety Code section 11370.2, subdivision (a). The Co...

Natarajan v. Dignity Health  
Date: November 20, 2019
Docket Number: C085906

Justia Opinion Summary: Plaintiff Sundar Natarajan filed a petition for a writ of administrative mandate to overturn the November 2015 revocation of his staff membership and privileges at St. Joseph’s Medical Center of Stockton (St. Joseph’s),...

People v. Lopez  
Date: November 20, 2019
Docket Number: F075765

Justia Opinion Summary: The Court of Appeal rejected defendant's claim that the trial court abused its discretion in permitting the jury to hear about his 2015 conviction for transporting heroin for sale, and that the trial court abused its dis...

Global Protein Products, Inc. v. Le  
Date: November 20, 2019
Docket Number: H044628

Justia Opinion Summary: GPP employed Le, a scientist, and disclosed to Le the proprietary formula for its trade secret product (a film that preserves lettuce) and the identity of an organic acid used in the product. Le signed a confidentiality...

R.E. v. Superior Court  
Date: November 20, 2019
Docket Number: H046541

Justia Opinion Summary: The Santa Clara County District Attorney filed juvenile wardship petitions (Welf. & Inst. Code 602(a)) alleging that R.E., born in June 2000 and a ward of the juvenile court since 2016, committed two first-degree burgla...

City of Los Angeles v. Metropolitan Water District of Southern California  
Date: November 19, 2019
Docket Number: B272169

Justia Opinion Summary: The Court of Appeal held that Union was eligible for attorney fees under the California Public Records Act (CPRA) for work on the CPRA cross-petition and for attorney fees under Code of Civil Procedure section 1021.5 for...

California v. Superior Court (Gooden)  
Date: November 19, 2019
Docket Number: D075787

Justia Opinion Summary: Under the felony-murder rule as it existed prior to Senate Bill 1437 (Stats. 2018, ch. 1015, eff. Jan. 1, 2019), a defendant who intended to commit a specified felony could be convicted of murder for a killing during the...

California v. Lamoureux  
Date: November 19, 2019
Docket Number: D075794

Justia Opinion Summary: Under the felony-murder rule as it existed prior to Senate Bill 1437 (Stats. 2018, ch. 1015, eff. Jan. 1, 2019), a defendant who intended to commit a specified felony could be convicted of murder for a killing during the...

P. v. Martell
Date: November 19, 2019
Docket Number: E069369A
Vaquero Energy v. County of Kern  
Date: November 19, 2019
Docket Number: F079719

Justia Opinion Summary: Vaquero filed suit challenging provisions of a new zoning ordinance requiring permits for new oil and gas exploration, drilling, and production. The ordinance imposed a wide range of environmental and other standards on...

People v. Singh  
Date: November 18, 2019
Docket Number: A154826

Justia Opinion Summary: Mother testified that as she waited for a bus outside of the San Francisco U.S. Citizenship and Immigration building, Singh approached and spoke to her son, whom Mother was carrying. Mother speaks only Spanish. Singh tou...

Conservatorship of Bryan S.  
Date: November 18, 2019
Docket Number: A156419

Justia Opinion Summary: Bryan was arrested for resisting arrest after deputies responded to a woman’s call that he had chased her. The court determined that Bryan was not competent to stand trial. He was taken to Napa State Hospital. After trea...

Brown v. Upside Gading, LP  
Date: November 18, 2019
Docket Number: A157685

Justia Opinion Summary: Brown, a tenant in low-income, rent-controlled housing owned and managed by Upside, filed suit on behalf of herself and other similarly situated persons, alleging violations of Hayward’s Residential Rent Stabilization an...

Unzueta v. Akopyan  
Date: November 18, 2019
Docket Number: B284305

Justia Opinion Summary: In this medical malpractice action against an anesthesiologist, the jury found that defendant breached the duty of care she owed plaintiff, but that the breach did not cause plaintiff's paralysis. On appeal, plaintiff ar...

People v. Pierre R.  
Date: November 18, 2019
Docket Number: B292119

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order committing plaintiff to the Department of Mental Health for treatment, finding that he is a Mentally Disordered Offender (MDO). The court held that there was no due p...

Presbyterian Camp & Conference Centers, Inc. v. Superior Court  
Date: November 18, 2019
Docket Number: B297195

Justia Opinion Summary: CalFire filed suit against PCCC to recover costs arising from a fire started by a PCCC employee. PCCC demurred, arguing that the Third Appellate District's opinion in Department of Forestry & Fire Protection v. Howell (2...

People v. Yanez  
Date: November 15, 2019
Docket Number: A156074

Justia Opinion Summary: Yanez pled no contest to possessing more than one kilogram of methamphetamine for sale (Health & Safety Code 11378; 11370.4(b)(1)) and admitted a prior strike conviction. The court had imposed home detention subject to e...

Bracamontes v. Super. Ct.  
Date: November 15, 2019
Docket Number: D075671

Justia Opinion Summary: Petitioner Manuel Bracamontes was sentenced to death in 2005 for the kidnapping and murder of nine-year-old Laura Arroyo. His automatic appeal was pending with the California Supreme Court. In anticipation of a future pe...

RSCR Inland, Inc. v. State Dept. of Public Health
Date: November 15, 2019
Docket Number: E067614
RSCR Inland, Inc. v. State Dept. of Public Health  
Date: November 15, 2019
Docket Number: E067614

Justia Opinion Summary: This case arose following the death of Eric, a resident of Chapala House, licensed as a “long-term health care facility” under the Long-Term Care, Health, Safety, and Security Act of 1973 (the Act) - more specifically, a...

Daws v. Superior Court  
Date: November 14, 2019
Docket Number: A157383

Justia Opinion Summary: Charged with a misdemeanor, Daws waived his statutory right to be brought to trial within 45 days during an off-the-record conversation in chambers. When the case was called, Daws’s counsel stated that his client intende...

California v. Gangl  
Date: November 14, 2019
Docket Number: C086719

Justia Opinion Summary: Defendant Robert Michael Gangl was convicted of multiple offenses after he stole a car and then stole the arresting officer’s patrol vehicle, led officers on a high-speed chase, and eventually robbed a man in his own hom...

Glynn v. Superior Court  
Date: November 13, 2019
Docket Number: B296735

Justia Opinion Summary: The Court of Appeal held that Allergan was not entitled to summary adjudication of plaintiff's first cause of action for disability discrimination. The court held that plaintiff provided direct evidence of disability dis...

California v. Tran  
Date: November 13, 2019
Docket Number: D074605

Justia Opinion Summary: Robert Tran was convicted by jury of reckless driving. He was sentenced to three years' probation with 30 days in custody. Tran appealed, contending the trial court erred in denying his pretrial motion to suppress eviden...

In re K.T.  
Date: November 13, 2019
Docket Number: E072082

Justia Opinion Summary: San Bernardino County Children and Family Services (CFS) removed K.T. (K. or child) from his mother when he was about nine months old. At that time, a nurse noticed that he had an enlarged head. He was placed with distan...

Prima Donna Development Corp. v. Wells Fargo Bank, N.A.  
Date: November 13, 2019
Docket Number: H045379

Justia Opinion Summary: Prima Donna’s president, opened commercial bank accounts at Wells Fargo; he signed or agreed to be bound by several agreements, including wire transfer agreements. The commercial account agreement contained an arbitratio...

Sarun v. Dignity Health  
Date: November 12, 2019
Docket Number: B288062

Justia Opinion Summary: Plaintiff filed a putative class action alleging claims for unfair and/or deceptive business practices under Business and Professions Code section 17200 (UCL) and violation of the Consumers Legal Remedies Act (CLRA). The...

Evans v. Shiomoto  
Date: November 12, 2019
Docket Number: D073969

Justia Opinion Summary: Kennith Evans was pulled over for driving with his off-road-only lights illuminated while on a "highway." After exhibiting signs of intoxication, Evans consented to a chemical breath test. Evans was notified his license...

Gardner v. Super. Ct.  
Date: November 12, 2019
Docket Number: E066330A

Justia Opinion Summary: Ruth Zapata Lopez was charged with two misdemeanor counts of driving under the influence with a prior conviction for driving under the influence. The Public Defender was appointed to represent her, and his deputy success...

California v. Chubbuck  
Date: November 12, 2019
Docket Number: E071274

Justia Opinion Summary: Defendant-appellant Jhyy Demond Chubbuck, was convicted by a jury of one count of unlawful taking or driving a vehicle. In a bifurcated proceeding, the trial court found defendant had suffered a strike prior pursuant to...

Williams v. Impax Laboratories, Inc.,  
Date: November 8, 2019
Docket Number: A155479

Justia Opinion Summary: Williams stopped working for Impax in 2013. Four years later, she filed a class action complaint under the unfair competition law, identifying unlawful business practices in which Impax allegedly engaged, including faili...

Aslam v. Superior Court  
Date: November 8, 2019
Docket Number: A156628

Justia Opinion Summary: In 2016, Aslam was charged with offering a false document (Penal Code 115(a)) and perjury (118(a)), both felonies, based on his submission of a Department of Motor Vehicles (DMV) form. A jury convicted him of offering a...

California v. Schmidt  
Date: November 8, 2019
Docket Number: C082057

Justia Opinion Summary: Defendant Lonnie Schmidt managed a home foreclosure rescue operation, doing business as Second Opinion Services and Financial Services Bureau Limited. Following a lengthy jury trial in which he represented himself, defen...

In re Cobbs  
Date: November 8, 2019
Docket Number: C088160A

Justia Opinion Summary: Defendant Ricky Lee Cobbs was one of several young men who confronted "Kenny W." at the home of his fiancée. Defendant discovered his gun was missing. While defendant and others were kicking and beating Kenny W., one of...

Marriage of McKean  
Date: November 8, 2019
Docket Number: G055601

Justia Opinion Summary: Tanya McKean appealed a trial court’s order granting sole legal and physical custody of her two younger children in favor of their father, Scott McKean. Tanya claimed the court abused its discretion by modifying the part...

People v. Superior Court of Mendocino County  
Date: November 7, 2019
Docket Number: A155969

Justia Opinion Summary: The Mendocino County District Attorney filed a petition to commit Couthren as a Sexually Violent Predators under Welfare & Institutions Code 6600, alleging that Couthren had been convicted of felony oral copulation in 19...

People v. Aguilar  
Date: November 7, 2019
Docket Number: B291637

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for sexual battery, holding that substantial evidence supported the conviction. The court held that the record showed force and that this was not a close case. Furtherm...

Regency Midland Construction, Inc. v. Legendary Structures Inc.  
Date: November 7, 2019
Docket Number: B292602

Justia Opinion Summary: A general contractor and subcontractor filed suit against each other, and at issue was the "retention" clause in the parties' contract. The Court of Appeal held that the trial court properly granted summary judgment for...

California v. Stringer  
Date: November 7, 2019
Docket Number: D073877

Justia Opinion Summary: Alexander Stringer was convicted by jury of aggravated kidnapping to commit extortion or exact money or property from another person, three counts of aggravated kidnapping to facilitate carjacking, two counts of simple k...

People v. Coneal  
Date: November 6, 2019
Docket Number: A152529

Justia Opinion Summary: Coneal, convicted of first-degree murder based on a 2012 shooting, challenged the admission of five rap videos featuring him and/or members of his gang taunting their rivals and bragging about violence. The court of appe...

Brown v. USA Taekwondo
Date: November 6, 2019
Docket Number: B280550N
People v. Salvador Ramirez  
Date: November 6, 2019
Docket Number: B296710

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying defendant's petition to vacate his murder conviction and for resentencing. Defendant argued that the trial court failed to follow the procedural requirements o...

California v. Patton  
Date: November 6, 2019
Docket Number: D074344A

Justia Opinion Summary: Defendant Kayvon Patton pleaded guilty to grand theft of personal property after he joined friends and stole cell phones and other electronic devices from an electronics store. Among the conditions of his probation was a...

Collins v. Thurmond  
Date: November 5, 2019
Docket Number: F075781A

Justia Opinion Summary: Parents, students, taxpayers, and community organizations filed suit alleging that the school district adopted and implemented a district-wide disciplinary program that was biased toward minority students, students who s...

Asian Americans Advancing Justice-Los Angeles v. Padilla  
Date: November 4, 2019
Docket Number: A155392

Justia Opinion Summary: Plaintiffs claimed that the California Secretary of State misinterpreted and failed to properly enforce, Elections Code section 14201, which requires the posting and availability of facsimile ballot materials printed in...

Brown v. USA Taekwondo
Date: November 4, 2019
Docket Number: B280550M
Sprengel v. Zbylut
Date: November 4, 2019
Docket Number: B282129M
County of Los Angeles v. Christopher W.  
Date: November 1, 2019
Docket Number: B292570

Justia Opinion Summary: After the County commenced an action against biological father to establish his paternity and his obligation to provide child support for M.D., biological father successfully moved to join mother's boyfriend as a party i...

California v. Hampton  
Date: November 1, 2019
Docket Number: C081038

Justia Opinion Summary: Pursuant to a stipulation by the parties made at its suggestion, the trial court vacated its earlier dismissal of an information against defendant Gary Hampton, Jr., in order to approve a plea agreement in this and other...

O'Grady v. Merchant Exchange Productions, Inc.  
Date: October 31, 2019
Docket Number: A148513

Justia Opinion Summary: O’Grady, a banquet server and bartender at Defendant’s San Francisco ballroom, brought a putative class action, challenging Defendant’s practice of automatically imposing a 21 percent “service charge” to every food and b...

Handoush v. Lease Finance Group, LLC  
Date: October 31, 2019
Docket Number: A150863

Justia Opinion Summary: Handoush, a store owner, sued LFG regarding a lease for credit card processing equipment. The complaint alleges fraud, rescission, and violation of Business and Professions Code section 17200. The lease agreement states...

Carroll v. City and County of San Francisco  
Date: October 31, 2019
Docket Number: A155208

Justia Opinion Summary: Plaintiff was 43 years old when she began working for Defendants. She worked for approximately 15 years before retiring at age 58 due to rheumatoid arthritis. In 2000, Plaintiff successfully applied for disability retire...

Lee v. Kim  
Date: October 31, 2019
Docket Numbers: B287923, B289837

Justia Opinion Summary: Defendant appealed two separate orders under the anti-SLAPP statute addressing special motions to strike malicious prosecution claims stemming from defendant's commencement of the underlying action, on behalf of his clie...

Conservatorship of D.P.  
Date: October 31, 2019
Docket Number: B291525

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order reappointing the public guardian of the county as conservator of D.P. under the Lanterman-Petris-Short Act, because D.P. was gravely disabled as a result of a mental d...

Bakersfield College v. Cal. Community College Athletic Assn.  
Date: October 31, 2019
Docket Number: C085099

Justia Opinion Summary: Defendant California Community College Athletic Association (Athletic Association) administered intercollegiate athletics for the California community college system. The parties agreed that, as a condition of participat...

California v. Martell  
Date: October 31, 2019
Docket Number: E069369

Justia Opinion Summary: LeAndre Martell and his girlfriend, Jasmine McCann, were in the process of moving from Los Angeles to Las Vegas when things fell apart. McCann moved to Las Vegas without Martell. A few days later she returned to Victorvi...

MTC Financial Inc. v. Cal. Dept. of Tax & Fee Admin.  
Date: October 31, 2019
Docket Number: G056234

Justia Opinion Summary: Proceeds remaining after a home foreclosure sale were deposited with a trial court due to competing claims to the proceeds. A primary dispute between the claimants was whether a first in time trust deed sufficiently desc...

Lopez v. Hillshire Brands Co.  
Date: October 30, 2019
Docket Number: A152887

Justia Opinion Summary: Lopez was diagnosed with epithelioid mesothelioma with a deciduoid pattern at the age of 59. He died from his disease at the age of 61. The physician who diagnosed him believed his mesothelioma was caused by exposure to...

Davis v. TWC Dealer Group, Inc.  
Date: October 30, 2019
Docket Number: A155030

Justia Opinion Summary: TWC operated a Walnut Creek Toyota dealership. The Davises sought employment at TWC, to run its special finance department. The Davises are African-American, and Donald Davis is over the age of 40. The Davises were requi...

Stafford v. Attending Staff Association of LAC + USC Medical Center  
Date: October 30, 2019
Docket Number: B288008

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of plaintiff's petition for writ of mandate seeking an order directing the Association to complete plaintiff's administrative proceeding. Plaintiff, a physician whose...

County of El Dorado v. Superior Court  
Date: October 30, 2019
Docket Number: C088409

Justia Opinion Summary: Real parties in interest Thomas and Helen Austin (the Austins) filed an action to recover development impact fees under the Mitigation Fee Act for the failure of petitioners County of El Dorado and its Community Developm...

Marriage of Deluca  
Date: October 30, 2019
Docket Number: D071379

Justia Opinion Summary: In the dissolution of marriage between Rosalinda and George Deluca, both parties appealed a judgment determining the division of property and other matters, including spousal support. During the marriage, George's sister...

Cal. Ins. Guarantee Assn. v. San Diego County Schools etc.  
Date: October 30, 2019
Docket Number: D074360

Justia Opinion Summary: School bus driver Colleen Knowles sought workers' compensation from her employer, Mountain Empire Unified School District (the District). The District was a self-insured employer under the workers' compensation scheme, a...

In re M.S.  
Date: October 30, 2019
Docket Number: D075278

Justia Opinion Summary: T.S., mother of M.S., appealed an order at M.S.'s jurisdiction and disposition hearing denying Mother reunification services based on the juvenile court's finding that Mother's whereabouts were unknown pursuant to Welfar...

Marriage of Lee and Lin  
Date: October 30, 2019
Docket Number: H045428

Justia Opinion Summary: After 26 years of marriage, Husband moved out of the family residence in May 2012. He rented an apartment in another city and occasionally interacted with Wife with whom he maintained an amicable relationship. Husband fi...

Grafilo v. Soorani  
Date: October 29, 2019
Docket Number: B286912

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order compelling the production of defendant's patients' medical records to the Medical Board of California. The court held that, when the Board seeks psychiatric records, i...

MGA Entertainment, Inc. v. Mattel, Inc.  
Date: October 29, 2019
Docket Number: B289709

Justia Opinion Summary: This lawsuit stemmed from MGA and Mattel's dispute over ownership of the Bratz line of dolls and claims of copyright infringement. The Court of Appeal agreed with the trial court that, under California law, the same susp...

Kalta v. Fleets 101, Inc.  
Date: October 29, 2019
Docket Number: B292185

Justia Opinion Summary: The Court of Appeal affirmed a jury verdict in favor of plaintiff on his claim against defendant for violation of the Consumers Legal Remedies Act (CLRA). Plaintiff filed suit against defendant, alleging violation of the...

Berroteran v. Superior Court  
Date: October 29, 2019
Docket Number: B296639

Justia Opinion Summary: At issue in this case was whether Ford had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which it has at the hearing. It was undisputed that petitioner otherwise sat...

Hodges v. County of Placer  
Date: October 29, 2019
Docket Number: C084020

Justia Opinion Summary: Defendant County of Placer sold plaintiff Patrick Hodges’s real property at a tax sale. The County later paid plaintiff the excess proceeds remaining from the sale less payments made to others. Plaintiff contended the Co...

People v. The North River Insurance Co.  
Date: October 28, 2019
Docket Number: H044568

Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol and obtained a $35,000 bond for his release from custody. The surety promised to assure Defendant’s appearance for arraignment. The contract stated that,...

People v. Khan  
Date: October 28, 2019
Docket Number: H045524

Justia Opinion Summary: Kahn was convicted of arson of an inhabited structure (Pen. Code 451(b)). The jury found true an enhancement allegation that he committed the arson by use of a device designed to accelerate the fire. Khan was sentenced t...

McCormick v. California Public Employees' Retirement System  
Date: October 25, 2019
Docket Number: A154236

Justia Opinion Summary: McCormick, working as a Lake County appraiser, developed medical symptoms, including pain, fatigue, and dizziness, that seemed to be caused by her office environment. After her employer denied her request to work in a di...

Denham, LLC v. City of Richmond  
Date: October 25, 2019
Docket Number: A154759

Justia Opinion Summary: The “Hillside Residential” designation in the Richmond General Plan 2030 included single-family housing and clustered multifamily residential on developable parcels below the 400-foot elevation with a density of up to fi...

California v. Lucero  
Date: October 25, 2019
Docket Number: C077666

Justia Opinion Summary: The Court of Appeal addressed an issue of first impression involving declarations containing false information collected by defendant Dolores Lucero, to be used in court to support of her request for injunctive relief to...

Magic Carpet Ride v. Rugger Investment Group  
Date: October 25, 2019
Docket Number: G056896

Justia Opinion Summary: Defendant-appellant Rugger Investment Group LLC (Rugger) entered into a contract to sell an airplane to plaintiffs-respondents Magic Carpet Ride, LLC (MCR) and Kevin Jennings. Rugger deposited a lien release into escrow...

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...

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