California Courts of Appeal Decisions 2020

Gascon v. HomeAdvisor, Inc.  
Date: June 5, 2020
Docket Number: A154960

Justia Opinion Summary: The San Francisco District Attorney sued HomeAdvisor, alleging it violated California’s False Advertising Law, Business and Professions Code section 17500, and the Unfair Competition Law section 17200, claiming that many...

In re Haden,  
Date: June 5, 2020
Docket Number: A158376

Justia Opinion Summary: In 1998, Haden pleaded no contest to infliction of corporal injury on a spouse and admitted a special allegation of personal use of a deadly weapon The trial court found true special allegations under the Three Strikes L...

People v. Ruiz  
Date: June 5, 2020
Docket Number: B296742

Justia Opinion Summary: In Penal Code section 1473.7, the Legislature broadened the standards to challenge guilty pleas involving advisements concerning immigration consequences. Defendant appealed an order denying her recent motion to vacate h...

In re M.W.  
Date: June 5, 2020
Docket Number: C089997

Justia Opinion Summary: The Sacramento County Department of Child, Family and Adult Services (Department) filed a dependency petition on behalf of the newborn minor pursuant to Welf. & Inst. Code section 300, subdivisions (b) and (j). The petit...

California v. Bettasso  
Date: June 5, 2020
Docket Number: E072173

Justia Opinion Summary: Michael Bettasso was convicted by jury of driving under the influence (DUI) of alcohol causing injury, hit and run driving causing death, driving with a suspended license, and second degree implied malice murder. The jur...

Doe v. Marten  
Date: June 4, 2020
Docket Number: A153427

Justia Opinion Summary: In November 2007, Marten performed surgery on Doe’s face and neck. In June 2008, Doe sent Marten a letter stating she was considering suing him and demanded that he preserve her documents, files, and photos. In November...

Boermeester v. Carry
Date: June 4, 2020
Docket Number: B290675M
In re Scott  
Date: June 4, 2020
Docket Number: D076909

Justia Opinion Summary: In 1984, petitioner Lionel Scott pleaded guilty to third degree assault in Minnesota and admitted during his plea colloquy that he personally and intentionally pressed a warm or hot iron against his victim's face, inflic...

Risperdal and Invega Cases  
Date: June 3, 2020
Docket Numbers: B284002, B284315, B284317

Justia Opinion Summary: Plaintiffs, two adolescents who were prescribed the antipsychotic drug risperidone after it was approved by the FDA to treat behavioral symptoms in children with autism, filed suit against Janssen for failure to adequate...

Nicole G. v. Braithwaite  
Date: June 3, 2020
Docket Number: B294228

Justia Opinion Summary: After a trial on both parties' domestic violence restraining order (DVRO) requests, the trial court denied Warren's requested DVRO and granted Nicole's requested DVRO against Warren. Warren appealed, arguing that the tri...

People v. Sanchez  
Date: June 3, 2020
Docket Number: F076908

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in an action where defendant entered a West plea to involuntary manslaughter and child endangerment with great bodily injury. The court held that the jury verdict...

Hernandez v. Department of Motor Vehicles  
Date: June 2, 2020
Docket Number: A156062

Justia Opinion Summary: Vehicle Code section 13365(a) directs the Department of Motor Vehicles (DMV) to suspend a person’s driver’s license “[u]pon receipt of notification of a violation of" section 40508(a) (the Misdemeanor Statute), which mak...

People v. Tarkington  
Date: June 2, 2020
Docket Number: B296331

Justia Opinion Summary: Defendant was convicted by a jury of second degree murder, with a finding that he personally used a dangerous and deadly weapon, a knife. After the passage of Senate Bill No. 1437, defendant petitioned for resentencing u...

In re B.P.  
Date: June 2, 2020
Docket Number: B303804

Justia Opinion Summary: Mother appealed a detention order based on a subsequent dependency petition filed under Welfare and Institutions Code section 342. The Court of Appeal granted DCFS's motion to dismiss the appeal, because the detention or...

Kon v. City of Los Angeles  
Date: June 1, 2020
Docket Number: B290929

Justia Opinion Summary: A plaintiff can sue police in civil court for excessive force after he has been convicted in criminal court. In this case, plaintiff pleaded no contest to disturbing the peace after interacting with an officer at an airp...

Harris v. University Village Thousand Oaks, CCRC, LLC  
Date: June 1, 2020
Docket Number: B293290

Justia Opinion Summary: Civil Code section 1953 prohibits enforcement of a predispute arbitration provision for disputes arising from or related to the tenancy provisions of a continuing care contract. The Court of Appeal held that the trial co...

Wicks v. Antelope Valley Healthcare District  
Date: June 1, 2020
Docket Number: B297171

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment in favor of the hospital in an action brought by the family of an emergency room patient who was released from the hospital and died eight hours la...

People v. Best  
Date: May 29, 2020
Docket Number: A155459

Justia Opinion Summary: A man parked his car in San Francisco's Sutter-Stockton Garage, leaving his dog in the car. When he returned, he saw his dog had been brutally killed. A security guard viewed video clips from the incident and recognized...

Jarboe v. Hanlees Auto Group  
Date: May 29, 2020
Docket Number: A156411

Justia Opinion Summary: Jarboe was hired by DKD of Davis, doing business as Hanlees Davis Toyota. Shortly after he began working, Jarboe was transferred to Leehan of Davis, doing business as Hanlees Chrysler Dodge Jeep Ram Kia. Following his te...

Owens v. City of Oakland Housing, Residential Rent & Relocation Board  
Date: May 29, 2020
Docket Number: A157663

Justia Opinion Summary: Owens owns and resides in a single-family Oakland house. He rented individual rooms to three unrelated tenants. Tenant Barghout filed a petition under Oakland’s Rent Adjustment Program alleging her housing became unsuita...

Rubinstein v. Fakheri  
Date: May 29, 2020
Docket Number: B291116

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging a common count claim for "money lent." The trial court found that plaintiff loaned defendant $874,708.44, which defendant never repaid. Defendant argued that the money cam...

McGee v. Torrance Unified School District  
Date: May 29, 2020
Docket Number: B298122

Justia Opinion Summary: This appeal challenges the legality of lease-leaseback agreements used by school districts for construction and modernization projects. The trial court entered judgment dismissing plaintiff's remaining conflict of intere...

California Gun Rights Foundation v. Superior Court of Los Angeles Count  
Date: May 29, 2020
Docket Number: B299798

Justia Opinion Summary: Section 6259 of the California Public Records Act governs venue, not jurisdiction, and thus it does not deprive a superior court of subject matter jurisdiction over a public records dispute even if the requested records...

People v. Son
Date: May 29, 2020
Docket Number: F076252M
Valero Refining Co. v. Bay Area Air Quality  
Date: May 28, 2020
Docket Number: A151004

Justia Opinion Summary: An oil refinery, Valero, undertook a three-year construction project to comply with a consent decree with the federal government and to upgrade its facility. The project resulted in a significant reduction in air polluti...

Eloquence Corp. v. Home Consignment Center  
Date: May 28, 2020
Docket Number: A156925

Justia Opinion Summary: Under a 2008 consignment agreement, Eloquence would consign jewelry and loose diamonds to HCC for resale. HCC was to send a monthly sales report of each item sold. Upon receipt of that report, Eloquence would prepare an...

Boermeester v. Carry  
Date: May 28, 2020
Docket Number: B290675

Justia Opinion Summary: After plaintiff was expelled from USC for committing intimate partner violence against Jane Roe, he petitioned for writ of administrative mandate to set aside the expulsion. The Court of Appeal reversed the superior co...

In re B.J.  
Date: May 28, 2020
Docket Number: B293545

Justia Opinion Summary: Welfare and Institutions Code section 733, subdivision (c), is clear: DJJ commitment is permitted only if the minor's most recent offense is listed in Penal Code section 290.008, subdivision (c), or Welfare and Instituti...

Hester v. Public Storage  
Date: May 28, 2020
Docket Number: G057335

Justia Opinion Summary: Plaintiff David Hester was a reality television star on “Storage Wars.” Plaintiff made the winning bid and purchased the contents of a self-storage unit at an auction held by defendant, Public Storage. Defendant learned...

Insalaco v. Hope Lutheran Church of West Contra Costa County  
Date: May 27, 2020
Docket Number: A156562

Justia Opinion Summary: The Insalacos own property atop of a slope. At the bottom of the slope is Wilkie Creek. Hope Lutheran Church owns property on the other side of the creek. After a landslide made their house uninhabitable, the Insalacos s...

People v. Lima  
Date: May 27, 2020
Docket Number: B293030

Justia Opinion Summary: Defendant challenged his conviction for attempted murder in light of Senate Bill No. 1437 which abrogated the natural and probable consequences doctrine. Defendant argued that, even if SB 1437 did not abrogate the natura...

City of Chula Vista v. Sandoval  
Date: May 27, 2020
Docket Number: C080711

Justia Opinion Summary: The Court of Appeal summed up the issue before it on appeal in this matter: a fight between the tax entities who negotiated favorable passthrough agreements before their redevelopment agencies were dissolved, and those w...

People v. Son  
Date: May 27, 2020
Docket Number: F076252

Justia Opinion Summary: Defendant raised several claims of error related to his conviction for voluntary manslaughter. The Court of Appeal rejected defendant's contention that the trial court prejudicially erred in failing sua sponte to instruc...

Sharufa v. Festival Fun Parks, LLC  
Date: May 27, 2020
Docket Number: H044064

Justia Opinion Summary: While going down Festival’s waterslide, Sharufa inadvertently slipped from a seated position on an inner tube onto his stomach. When he entered the pool below, his feet hit the bottom with enough force to fracture his hi...

County of Santa Clara v. Workers' Compensation Appeals Board  
Date: May 27, 2020
Docket Number: H046562

Justia Opinion Summary: Justice, employed as a workers’ compensation claims adjuster since 1991, fell at work in 2011 and injured her left knee. She later developed problems in her right knee, which was found to be a compensable consequence of...

People v. Smith  
Date: May 26, 2020
Docket Number: A155689

Justia Opinion Summary: Smith pled no contest to assault with intent to commit rape and admitted prior conviction and prison term allegations. Before his release on parole in 2010, he was declared a sexually violent predator (SVP) under Welfare...

Dorit v. Noe  
Date: May 26, 2020
Docket Number: A157433

Justia Opinion Summary: Noe hired attorney Dorit to evaluate the medical records of Noe’s deceased mother for a potential medical malpractice suit. Noe agreed to pay Dorit a $10,000 non-refundable retainer fee, intended to cover Dorit’s time sp...

In re Samantha H.  
Date: May 26, 2020
Docket Number: B300065

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's order selecting adoption as the permanent plan for mother's daughter. The court held that mother's challenge to the juvenile court's order of adoption is waived; the tria...

Mosley v. Pacific Specialty Ins. Co.  
Date: May 26, 2020
Docket Number: E071287

Justia Opinion Summary: Plaintiffs-appellants James and Maria Mosley rented out a home they owned that defendant-respondent Pacific Specialty Insurance Company (PSIC) insured under a homeowners’ policy (the Property). The Mosleys’ tenant starte...

In re Smith  
Date: May 26, 2020
Docket Number: E073871

Justia Opinion Summary: A jury found petitioner Tom Smith guilty of first degree murder, assault by means likely to produce great bodily injury, dependent adult abuse, conspiracy to commit murder, custodial possession of a weapon, custodial man...

People v. Machuca  
Date: May 26, 2020
Docket Number: F076580

Justia Opinion Summary: A violation of Vehicle Code section 23153 is not a lesser included offense of gross vehicular manslaughter while intoxicated when, as here, the offenses involve separate victims. Defendant contends that his convictions f...

Third Laguna Hills Mutual v. Joslin  
Date: May 26, 2020
Docket Number: G057230

Justia Opinion Summary: Third Laguna Hills Mutual (a homeowner’s association, “the HOA”) filed a complaint alleging homeowner Jeff Joslin violated its covenants. Joslin filed a cross-complaint alleging the HOA unlawfully prevented him from rent...

California v. Prado  
Date: May 26, 2020
Docket Number: G058172

Justia Opinion Summary: Defendant Manuel De Jesus Prado filed a Penal Code section 1170.95 petition, stating that he was convicted of murder and was entitled to a dismissal because of the Legislature’s amendments to Penal Code sections 188 and...

People v. Duarte-Lara  
Date: May 22, 2020
Docket Number: A157186

Justia Opinion Summary: Duarte-Lara was convicted of the felony offense of sexual penetration with a foreign object of a minor 14 years or older accomplished by force, violence, duress, menace, or fear of bodily injury. (Pen. Code 289(a)(1)(c)1...

People v. Braum  
Date: May 22, 2020
Docket Numbers: B289603, B289604

Justia Opinion Summary: In two civil enforcement actions, the Court of Appeal affirmed the trial court's judgments against the trustee and the trust (collectively, "defendants") and the imposition of civil fines in excess of $6 million. The cou...

Salari v. Superior Court of Los Angeles County  
Date: May 22, 2020
Docket Numbers: B295511, B295653, B295731

Justia Opinion Summary: The Court of Appeal granted writs of mandate directing the superior court to dismiss the untimely filed information against petitioners under Penal Code section 1382, subdivision (a)(1). The court held that the statutory...

People v. Lee  
Date: May 22, 2020
Docket Number: B297928

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a petition under Penal Code section 1170.95, which permits defendants convicted of murder under the felony murder rule or natural and probable consequences doctrin...

California v. Palmer  
Date: May 22, 2020
Docket Number: D074240

Justia Opinion Summary: Joshua Palmer was convicted by jury of first degree murder. The jury found true Palmer committed the murder while engaged in the commission or attempted commission of rape, sodomy, and sexual penetration by force, fear o...

SLPR, L.L.C. v. San Diego Unified Port District  
Date: May 22, 2020
Docket Number: D074958

Justia Opinion Summary: Plaintiffs SLPR, L.L.C. (SLPR), Ann Goodfellow, trustee of the survivor's trust of the Goodfellow Family Trust (Goodfellow), and Jerry Cannon and Michael Morris, trustees of the Sewall Family Trust (Sewall) (together Pla...

Conservatorship of J.Y.  
Date: May 21, 2020
Docket Number: A157323

Justia Opinion Summary: The Contra Costa County Public Guardian was appointed as the conservator of J.Y.’s person in 2004. The conservatorship was continued 12 times. The guardian filed a petition for reappointment in November 2018. J.Y. object...

Betancourt v. OS Restaurant Services, LLC  
Date: May 21, 2020
Docket Number: B293625

Justia Opinion Summary: The Court of Appeal held that the trial court abused its discretion in awarding any attorney fees to plaintiff. Labor Code section 218.5 mandates an attorney fee award in any action brought for the nonpayment of wages, i...

People v. Bonilla-Bray  
Date: May 21, 2020
Docket Number: B299607

Justia Opinion Summary: The Court of Appeal held that the trial court erred by summarily denying defendant's petition for recall and resentencing without following the required procedures of Penal Code section 1170.91. Pursuant to section 1170....

In re E.E.  
Date: May 21, 2020
Docket Number: E073284

Justia Opinion Summary: K.L. (mother) and J.P. (father) had three young children together as well as an infant son named E. Mother tested positive for amphetamine at a prenatal visit for E., and when the child was born a few months later, he te...

Pott v. Lazarin
Date: May 21, 2020
Docket Number: H044587M
People v. Smolkin  
Date: May 20, 2020
Docket Number: A155891

Justia Opinion Summary: Deputy D.A. Horvath prosecuted Smolkin for parole violations, including Smolkin's threat to blow up a parole office building. Smolkin was sentenced to 180 days in jail. , Horvath received a handwritten letter from Smolki...

In re D.B.
Date: May 20, 2020
Docket Number: B298750M
Changsha Metro Group Co., Ltd. v. Xuefeng  
Date: May 20, 2020
Docket Number: E073322

Justia Opinion Summary: The trial court found defendants Peng Xufeng and Jia Siyu filed a frivolous anti-SLAPP motion against Changsha Metro Group Co., Ltd. (Changsha). The trial court ordered defendants to pay Changsha $61,915 for Changsha’s a...

California v. Valles  
Date: May 19, 2020
Docket Number: E071361

Justia Opinion Summary: Defendant Richard Valles got into a fight with the victim Michael Carmona, after Carmona pushed defendant’s girlfriend down at a river-side homeless camp. Defendant had to break off the fight when he felt a seizure begin...

Lowery v. Kindren Healthcare Operating, Inc.  
Date: May 18, 2020
Docket Number: A153421A

Justia Opinion Summary: Goros, age 92, filed suit alleging that Kindred Healthcare violated the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code 15600) by failing to timely obtain medical treatment for her after she suff...

Six4Three, LLC v. Facebook, Inc.  
Date: May 18, 2020
Docket Number: A156095

Justia Opinion Summary: The trial court had approved a stipulated protective order that authorizes a party to label documents produced in discovery Highly Confidential or Confidential and limits disclosure accordingly. In support of its opposi...

Estate of Eimers  
Date: May 18, 2020
Docket Number: B295609

Justia Opinion Summary: Where a trust beneficiary creates a will that gives away his trust shares without also specifically referring to the power of appointment as required by the trust, the court may not amend or reform that will to include a...

Carlsbad Police Officers Assn. v. City of Carlsbad  
Date: May 18, 2020
Docket Number: D075723

Justia Opinion Summary: Eight police officer associations (POAs) sought mandamus relief to prevent their respective agencies from disclosing certain records of police misconduct or use of force pursuant to a new law, Senate Bill No. 1421. (Stat...

Willow Glen Trestle Conservancy v. City of San Jose  
Date: May 18, 2020
Docket Number: H047068

Justia Opinion Summary: In 2011, San Jose acquired the Willow Glen Railroad Trestle, constructed in 1922, planning to demolish the Trestle and replace it with a new steel truss pedestrian bridge. The city approved the project, adopted a mitigat...

Younan v. Fleming Distribution Co.  
Date: May 15, 2020
Docket Number: A157038

Justia Opinion Summary: Younan worked for Fleming, 2009-2016. In 2017, he filed a complaint with the Labor Commission, seeking $22,000 in commissions, plus penalties and interest. Fleming asserted to the Labor Commissioner that the complaint sh...

People v. Smith  
Date: May 15, 2020
Docket Number: B298642

Justia Opinion Summary: Defendant appealed from a postjudgment order denying his petition for resentencing pursuant to Penal Code section 1170.95 and Senate Bill No. 1437. The statute and SB 1437 provide for vacatur of a defendant's murder conv...

Shuler v. Capital Agricultural Property Services, Inc.  
Date: May 14, 2020
Docket Number: B289202

Justia Opinion Summary: Plaintiffs challenged the trial court's reduction of economic damages awarded by the jury in a negligence/trespass action where the jury returned a special verdict in plaintiffs' favor and against Capital Agriculture. T...

El Rovia Mobile Home Park, LLC v. City of El Monte
Date: May 13, 2020
Docket Number: B295640M
In re K.T.  
Date: May 13, 2020
Docket Number: B301285

Justia Opinion Summary: The Court of Appeal reversed the dependency court's order concerning father's baby daughter. The court held that the juvenile court abused its discretion in ordering father to complete a parenting education program becau...

P. v. Law
Date: May 13, 2020
Docket Number: E072845M
Zieve, Brodnax & Steele, LLP v. Dhindsa  
Date: May 13, 2020
Docket Number: F079665

Justia Opinion Summary: The owner of the unencumbered 25 percent interest in the real property is entitled to a proportionate share of surplus proceeds. The Court of Appeal's conclusion is based on Caito v. United California Bank (1978) 20 Cal....

Sosa v. CashCall, Inc.  
Date: May 13, 2020
Docket Number: G056974

Justia Opinion Summary: Defendants CashCall, Inc. and LoanMe, Inc. (collectively “the lenders”), accessed thousands of credit reports and mailed loan offers to the consumers. Plaintiff Alexis Sosa was among those consumers. Sosa sued the lender...

Nguyen v. Ford  
Date: May 13, 2020
Docket Number: H046809

Justia Opinion Summary: Nguyen worked as a dentist until she was terminated. Nguyen hired attorney Ford, who filed a discrimination lawsuit. The federal district court entered judgment against Nguyen. Ford’s retainer agreement with Nguyen speci...

VVA-TWO, LLC v. Impact Development Group, LLC  
Date: May 12, 2020
Docket Number: B291330

Justia Opinion Summary: The Court of Appeal affirmed the trial court's confirmation of an arbitration award in favor of Impact regarding a contractual dispute with VVA. In rejecting VVA's arguments, the court was guided by the general policy in...

Delta Stewardship Council Cases  
Date: May 12, 2020
Docket Number: C082944

Justia Opinion Summary: This case concerns the management of the Sacramento-San Joaquin Delta (Delta). In 2009, the California Legislature found and declared the “Delta watershed and California’s water infrastructure are in crisis and existing...

California v. Prowell  
Date: May 12, 2020
Docket Number: C086156

Justia Opinion Summary: Defendant Benjamin Prowell’s was convicted for misdemeanor making harassing electronic communications. The the trial court placed him on three years’ probation with conditions prohibiting him from using or accessing soci...

Willis v. City of Carlsbad  
Date: May 12, 2020
Docket Number: D074988

Justia Opinion Summary: Plaintiff-appellant James Willis, a peace officer employed by the Carlsbad Police Department (Department), sued defendant-respondent City of Carlsbad (City) alleging in part that it engaged in whistleblower retaliation a...

California v. Seo  
Date: May 12, 2020
Docket Number: G057597

Justia Opinion Summary: Defendant Sung Jue Seo was convicted by jury of misdemeanor carrying a loaded firearm in a vehicle, and felony possessing counterfeiting equipment. Imposition of sentence was suspended, and defendant was placed on formal...

Arace v. Medico Investments, LLC  
Date: May 11, 2020
Docket Number: E071194

Justia Opinion Summary: Plaintiff-respondent Melanie Arace, as personal representative and successor in interest for Grace R. Miller (Miller) and trustee of the Grace R. Miller Trust dated May 8, 2002, filed a complaint against Medico Investmen...

Petrovich Development Co., LLC v. City of Sacramento  
Date: May 8, 2020
Docket Number: C087283

Justia Opinion Summary: The Sacramento City Council acted in a quasi-judicial capacity as adjudicators after an eight-to-three vote by the Sacramento Planning and Design Commission granting a conditional use permit for a gas station in the shop...

Yang v. Tenet Healthcare Inc.  
Date: May 8, 2020
Docket Number: E071693

Justia Opinion Summary: In June 2018, plaintiffs-respondents Suzanne Yang and Doc Yang Medical Corporation sued defendants-appellants Tenet Healthcare Inc. doing business as John F. Kennedy Memorial Hospital (the hospital), its medical staff, a...

Kurtz-Ahlers, LLC v. Bank of America N.A.  
Date: May 8, 2020
Docket Number: G57486

Justia Opinion Summary: Freelance bookkeeper Elizabeth Mulder perpetrated a nearly five-year fraud against her client, plaintiff Kurtz-Ahlers. Both Kurtz-Ahlers and Mulder coincidentally had their checking accounts at defendant Bank of America...

California Department of Tax and Fee Administration v. Superior Court  
Date: May 7, 2020
Docket Number: B294400

Justia Opinion Summary: A taxpayer cannot avoid Article XIII, section 32 of the California Constitution's "pay first" rule by alleging, in a claim for declaratory relief invoking Government Code section 11350, that the tax regulation giving ris...

Modesto Irrigation Dist. v. Tanaka  
Date: May 7, 2020
Docket Number: C083430

Justia Opinion Summary: Appellant Heather Robinson Tanaka’s great-grandfather purchased a subdivided parcel that had been part of a larger riparian tract but was no longer contiguous to water. Riparian rights can persist in land sold under such...

California v. Sanchez  
Date: May 7, 2020
Docket Number: E072647

Justia Opinion Summary: Victor Sanchez was charged with first degree murder, but pled guilty to voluntary manslaughter. He filed a petition under Penal Code section 1170.95 to vacate that conviction. The trial court denied the petition, conclud...

Galeotti v. International Union of Operating Engineers  
Date: May 6, 2020
Docket Number: A157785

Justia Opinion Summary: Galeotti, a former Union Local 3 employee, filed a complaint against Local 3 and three of individual union leaders, alleging that the individual defendants required union employees to pay them money to keep their jobs, l...

Hiona v. Superior Court  
Date: May 6, 2020
Docket Number: A158689

Justia Opinion Summary: In 2018, Landlord served Tenants with a Notice of Termination of Tenancy “in furtherance of [Landlord’s] withdrawal of the Property from residential rental use.” After the withdrawal date, Landlord filed unlawful detaine...

Gutierrez v. Gutierrez  
Date: May 6, 2020
Docket Number: B291507

Justia Opinion Summary: The Court of Appeal affirmed the family court's division of marital property and rejected father's four claims of error. The court deferred to the family court's credibility call in rejecting two of father's witnesses as...

Waller v. FCA US LLC  
Date: May 6, 2020
Docket Number: B292524

Justia Opinion Summary: Plaintiff appealed the trial court's judgment in favor of FCA in an action brought under the Song-Beverly Warranty Act, for claims of breach of express and implied warranties and fraudulent concealment based on plaintiff...

Nelson v. Tucker Ellis, LLP  
Date: May 5, 2020
Docket Number: A153661

Justia Opinion Summary: Nelson, a California attorney specializing in asbestos defense, was employed by Tucker. Tucker’s personnel handbook stated that all documents, including email and voicemail, received, created, or modified by any attorney...

In re Mary C.  
Date: May 5, 2020
Docket Number: A157256

Justia Opinion Summary: Mary, then 18 months old, was removed from her parents in 2016, due to both parents’ drug abuse, chronic unemployment, homelessness, and neglect of their children. Aurora was eight months old when she was removed. A br...

California v. Law  
Date: May 5, 2020
Docket Number: E072845

Justia Opinion Summary: In 2001, appellant Terrell Law and his codefendant Brett May committed a home invasion robbery, during which one of them shot and killed one of the residents. They were tried jointly in 2006 before two separately empanel...

People v. Torres  
Date: May 4, 2020
Docket Number: B295043

Justia Opinion Summary: After the trial court admitted a witness's former testimony, the Court of Appeal applied People v. Roldan (2012) 205 Cal.App.4th 969, 975–985, and reversed. Roldan held that, before invoking the former testimony exceptio...

In re I.A.  
Date: May 4, 2020
Docket Number: B296549

Justia Opinion Summary: Where a juvenile court vacates its true finding on a generic murder allegation and redesignates it as a finding on an uncharged target offense, and does so before a minor has had the opportunity to contest the court's fi...

Lopez v. Escamilla  
Date: May 4, 2020
Docket Number: B300439

Justia Opinion Summary: In petitioning the trial court to amend a judgment to add an alter ego defendant, the plaintiff may proceed by either a motion in the original action, or by complaint in an independent action on the judgment. In a previ...

In re S.O.  
Date: May 4, 2020
Docket Number: E073131

Justia Opinion Summary: Appellant S.O. was subject to dual status supervision as both a dependent and a ward of the court; San Bernardino County Children and Family Services (CFS) was designated as the lead agency.In 2019, the juvenile court di...

People v. Thomkins  
Date: May 1, 2020
Docket Number: A141375

Justia Opinion Summary: On Easter night in 2011, gunfire erupted at an Oakland bar-restaurant, leaving two people dead and five wounded. Thompkins and Fox were convicted of two counts of first-degree murder for the benefit of a criminal street...

People v. Edwards  
Date: May 1, 2020
Docket Number: A158055

Justia Opinion Summary: In 2006, Edwards fired an assault weapon into an apartment, killing the victim. Edwards pled guilty to possession of a firearm as a felon and was convicted of second-degree murder and shooting into an inhabited dwelling....

Robertson v. Saadat  
Date: May 1, 2020
Docket Number: B292448

Justia Opinion Summary: Under California law, the donor's intent controls the disposition of his or her gametic material upon death. Plaintiff appealed the trial court's judgment sustaining demurrers to her causes of action alleged against defe...

Communities etc. v. South Coast Air Quality Management District
Date: May 1, 2020
Docket Number: B294732M
In re D.B.  
Date: May 1, 2020
Docket Number: B298750

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdictional findings over daughter and termination of the case with a juvenile custody order. The court held that substantial evidence supported the juvenile court's f...

People v. Triplett  
Date: May 1, 2020
Docket Number: B298914

Justia Opinion Summary: Defendant was convicted of assault with a deadly weapon, carjacking, and attempted murder. In the published portion of the opinion, the Court of Appeal held that the trial court erred by denying defense counsel's request...

Coast Community College Dist. v. Com. on State Mandates
Date: May 1, 2020
Docket Number: C080349M
Marez v. Lyft, Inc.  
Date: April 30, 2020
Docket Number: A156761

Justia Opinion Summary: Gaurano, driving home from a day of working at the convention center in a vehicle rented through Lyft’s “Express Drive program,” struck the plaintiffs’ vehicles and caused significant injuries. The trial court granted Ly...

Patel v. Chavez  
Date: April 30, 2020
Docket Number: B291695

Justia Opinion Summary: Plaintiffs appealed the trial court's order granting defendant's motion to strike plaintiffs' complaint against defendant under the anti-SLAPP statute, Code of Civil Procedure section 425.16. The Court of Appeal held th...

P. v. The North River Ins. Co.
Date: April 30, 2020
Docket Number: B292411M
Gruber v. Gruber  
Date: April 30, 2020
Docket Number: B294617

Justia Opinion Summary: Where, as here, there is a dispute over what facts the previously suing parties knew at the time they brought suit, a trial court faced with an anti-SLAPP motion by those parties must decide whether the malicious prosecu...

People v. Offley  
Date: April 30, 2020
Docket Number: B296139

Justia Opinion Summary: Defendants Offley and Keller challenged the trial court's denial of their petitions under Penal Code section 1170.951 for resentencing on their murder convictions. The Court of Appeal held that the trial court erred by...

In re Hampton  
Date: April 30, 2020
Docket Number: C087151

Justia Opinion Summary: Jonathan Hampton was convicted by jury of second degree murder for shooting and killing Jonathan Giurbino. After an initial round of state and federal habeas corpus litigation resulted in denial of his petitions, Hampton...

In re J.H.
Date: April 30, 2020
Docket Number: C088227M
California v. Torres  
Date: April 30, 2020
Docket Number: E073187

Justia Opinion Summary: In May 2019, the Board of Parole Hearings (the Board) recommended that defendant-appellant Tony Torres, be granted a “compassionate release” and his sentenced recalled under Penal Code1 section 1170(e) on the grounds he...

People v. Davis  
Date: April 30, 2020
Docket Number: F077426

Justia Opinion Summary: Defendant was convicted of first degree burglary, unlawful driving or taking of a vehicle, and receiving a stolen motor vehicle. Defendant also pleaded no contest to misdemeanor domestic battery. The Court of Appeal hel...

Caldera v. Dept. of Corrections & Rehabilitation  
Date: April 30, 2020
Docket Number: G057343

Justia Opinion Summary: Augustine Caldera was a prison correctional officer who sometimes stuttered when he spoke. In 2010, Caldera filed a lawsuit against the California Department of Corrections and Rehabilitation (CDCR) and his supervisor al...

Carmel Development Co., Inc. v. Anderson  
Date: April 30, 2020
Docket Number: H041005

Justia Opinion Summary: Carmel provided design and construction work for a luxury subdivision, Monterra, in Monterey County for more than 10 years under an oral contract with property owner Mills, the principal of Monterra LLC. Carmel recorded...

Huang v. Wells Fargo Bank, N.A.  
Date: April 29, 2020
Docket Number: A152074

Justia Opinion Summary: In 2000, the Fasslers obtained a Wells Fargo (WF) home equity line of credit (HELOC), secured by a deed of trust (DOT). In 2003, they secured a $530,000 World Savings home loan, then obtained another WF HELOC. In 2004, t...

California v. Ashbey  
Date: April 29, 2020
Docket Number: C083291

Justia Opinion Summary: Defendant Angel Ashbey briefly lived with two others in a secluded house in a forested area. Ashbey struck one of her roommates in the head with a pipe until he lost consciousness, poured gasoline over him, and threw sev...

Colucci v. T-Mobile USA, Inc.  
Date: April 29, 2020
Docket Number: D075932

Justia Opinion Summary: T-Mobile USA, Inc. (T-Mobile) appeals a judgment entered on a $5 million jury verdict in favor of former employee Stephen Colucci in a workplace retaliation case. T-Mobile primarily challenged the punitive damages award,...

Ayala v. Super. Ct.  
Date: April 29, 2020
Docket Number: D077460

Justia Opinion Summary: Emergency Rule 4 established a statewide Emergency Bail Schedule, adopted by the Judicial Council of California in response to the ongoing emergency situation caused by the SARS-Co-Vid-2 pandemic. The Emergency Bail Sche...

In re M.R.  
Date: April 29, 2020
Docket Number: F079971

Justia Opinion Summary: The Court of Appeal affirmed dispositional orders designating the children dependents of the court. The court held that, although the "follow all recommendations" language in the case plan failed to satisfy Welfare and I...

Obbard v. State Bar of California  
Date: April 28, 2020
Docket Number: A155106

Justia Opinion Summary: The State Bar’s mandatory continuing legal education program, Business & Professions section 6070(c) exempts “[f]ull-time employees of the State of California, acting within the scope of their employment.” When the Bar...

Alaniz v. Sun Pacific Shippers, LP  
Date: April 28, 2020
Docket Number: B290013A

Justia Opinion Summary: Sun Pacific appealed the trial court's judgment after a jury awarded damages against it for injuries sustained by an employee of one of its independent contractors. The Court of Appeal reversed and remanded for a new t...

County Inmate Telephone Service Cases  
Date: April 28, 2020
Docket Number: B291341

Justia Opinion Summary: Inmates in county jails in nine California counties challenged the exorbitant commissions paid by telecommunications companies to the nine counties under contracts giving the telecommunications companies the exclusive ri...

People v. Bucio  
Date: April 27, 2020
Docket Number: B299688

Justia Opinion Summary: Defendant was convicted of robbery and first degree murder during the course of a robbery. After the enactment of Senate Bill 1437 in 2018, defendant filed a petition for resentencing pursuant to Penal Code section 1170....

Moore v. Teed  
Date: April 24, 2020
Docket Number: A153523

Justia Opinion Summary: Teed promoted himself online as a real estate agent with “over 25 years of experience as a building contractor” with “an extensive background in historic restorations.” Moore believed that Teed was a general contractor....

Mikhaeilpoor v. BMW of North America, LLC  
Date: April 24, 2020
Docket Number: B293987

Justia Opinion Summary: Mikhaeilpoor sued BMW and an auto dealership, asserting claims under the Song-Beverly Act (Civ. Code, 1790) stemming from her lease of a 2013 BMW. Mikhaeilpoor alleged that the defendants: failed to promptly replace her...

In re Aubrey T.  
Date: April 24, 2020
Docket Number: B296810

Justia Opinion Summary: Anthony and Taylor, the parents of Aubrey, born in 2011, had an on-again-off-again relationship. At the time of the birth, Taylor was staying with Aubrey’s maternal great-grandparents. Anthony was present at Aubrey’s bir...

In re G.C.  
Date: April 24, 2020
Docket Number: E072514

Justia Opinion Summary: Defendants-appellants A.C. (Father) and K.C. (Mother) were the parents of G.I., G.A. and J.C. Father, with Mother joining, appealed the juvenile court’s dispositional order removing G.I., J.C., and G.A. (collectively, th...

People v. Bell  
Date: April 23, 2020
Docket Number: B288528

Justia Opinion Summary: Defendant was convicted of one count of attempted robbery, one count of second degree murder, and one count of hit and run driving. The jury found not true the allegation that a principal was armed in the commission of t...

Pinter-Brown v. The Regents of the University of California  
Date: April 23, 2020
Docket Number: B290086

Justia Opinion Summary: Plaintiff filed suit against The Regents for gender discrimination based on a series of events that took place while she was a Professor of Medicine at UCLA. The jury found in favor of plaintiff, awarding her economic an...

El Rovia Mobile Home Park, LLC v. City of El Monte  
Date: April 23, 2020
Docket Number: B295640

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment denying El Rovia's first amended petition for administrative mandamus. At issue is the City's 2015 rent control Ordinance No. 2860, which at least for some purposes...

In re S.R.  
Date: April 23, 2020
Docket Number: B300214

Justia Opinion Summary: Father appealed the juvenile court's dispositional ruling removing daughter from his custody, arguing that his mere possession of child pornography does not demonstrate that he poses a substantial risk of harm to his dau...

California v. Landowski  
Date: April 23, 2020
Docket Number: C080210

Justia Opinion Summary: Defendant Michael Reyes, Jr., an active Norteno gang member (from the Broderick Boys subset), confronted a former Norteno gang member (from the Franklin Boys subset), "S.," about a physical altercation that occurred betw...

Ajaxo, Inc. v. E*Trade Financial Corp.  
Date: April 23, 2020
Docket Number: H042999

Justia Opinion Summary: In 2003, jury found E*Trade liable for trade secret misappropriation and for breach of a mutual nondisclosure agreement with Ajaxo. The jury awarded damages only for the breach of contract after the court granted a nonsu...

Reynolds v. Ford Motor Co.  
Date: April 21, 2020
Docket Number: A154811

Justia Opinion Summary: Reynolds purchased a Ford truck. Over the next six years, Reynolds had the truck repaired 15 times but it continued to malfunction. Ford denied Reynolds’s request that it buy back or replace the truck under the Song-Beve...

Safarian v. Govgassian  
Date: April 21, 2020
Docket Number: B291387

Justia Opinion Summary: A transmutation that does not meet the requirements of Family Code section 852 is voidable, rather than void. After a married couple filed a fraud action against multiple defendants, husband filed for divorce and entere...

Tilkey v. Allstate Ins. Co.  
Date: April 21, 2020
Docket Number: D074459

Justia Opinion Summary: While Michael Tilkey and his girlfriend Jacqueline Mann were visiting at her home in Arizona, they got into an argument. Tilkey decided to leave the apartment. When he stepped out onto the enclosed patio to collect his b...

Cardinal Care Management, LLC v. Afable  
Date: April 20, 2020
Docket Number: A154062

Justia Opinion Summary: Plaintiffs sought unpaid overtime wages, liquidated damages, and waiting time penalties from two residential care facilities with a sole member, Chou. A hearing officer awarded $2.5 million. Chou’s liability was $2.2 mil...

People v. Torres  
Date: April 20, 2020
Docket Number: B292551

Justia Opinion Summary: Where, as here, the trial court factually finds that a self-represented defendant has engaged in an attempt to intimidate a witness, the constitutional right of self-representation can, in the exercise of the trial court...

People v. Robinson  
Date: April 20, 2020
Docket Number: B293746

Justia Opinion Summary: After defendant penetrated an unconscious woman with his fingers, he challenged evidentiary rulings and requests a presentence conduct credit. The Court of Appeal held that the trial court properly excluded cumulative e...

In re J.A.
Date: April 20, 2020
Docket Number: B297416
California v. May  
Date: April 20, 2020
Docket Number: C084302

Justia Opinion Summary: Defendant Raymond May was found guilty by jury of possessing an assault weapon and a machine gun based on his possession of a single AK-47 assault rifle while guarding a marijuana plantation. He was sentenced to probatio...

California v. Perez  
Date: April 20, 2020
Docket Number: E072260

Justia Opinion Summary: In 2009, defendant-appellant Rudy Perez pled guilty to active gang participation under Penal Code section 186.22(a), and unlawful possession of a firearm under section 12025(b)(6). In 2010, defendant pled guilty to resid...

Zolly v. City of Oakland
Date: April 17, 2020
Docket Number: A154986M
Crosno Construction, Inc. v. Travelers Casualty etc.  
Date: April 17, 2020
Docket Number: D075561

Justia Opinion Summary: North Edwards Water District (the District) selected Clark Bros., Inc. (Clark) as its general or direct contractor on a public works project to build an arsenic removal water treatment plant. Clark hired subcontractor Cr...

People v. Drayton  
Date: April 17, 2020
Docket Number: H046928

Justia Opinion Summary: In 1991, the Wards and their teenage daughter awoke and discovered four men, including Drayton, inside their house. Two were armed. One told the daughter he was going to rape her and placed a firearm inside her vagina. D...

501 East 51st Street v. Kookmin Best Insurance Co.  
Date: April 16, 2020
Docket Number: B293605

Justia Opinion Summary: Plaintiff filed suit against defendants after defendants denied plaintiff's claim for damages to its apartment complex caused by a ruptured underground water main. The Court of Appeal affirmed the trial court's judgmen...

In re Shelton  
Date: April 15, 2020
Docket Number: A154983

Justia Opinion Summary: In 1993, Shelton was sentenced to a prison term of 19 years to life after pleading no contest to the second-degree murder of his mother-in-law and assault with a firearm on her sister-in-law. Shelton had no prior crimina...

People v. Matthews  
Date: April 15, 2020
Docket Number: A157723

Justia Opinion Summary: Matthews was charged in three cases, with allegations of a prior strike conviction and five prior prison terms for felony convictions that subjected him to sentence enhancements under Penal Code 667.5(b). He entered into...

In re Austin J.  
Date: April 15, 2020
Docket Number: B299564

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdictional and dispositional orders concerning seven of Mother's children. Leslie is the presumed father of the four older children and Edward is the presumed father...

California v. Broadbent  
Date: April 15, 2020
Docket Number: C086848

Justia Opinion Summary: After a court trial, defendant Jason Broadbent was convicted of five counts of selling an assault weapon (counts 1, 5, 15-17), six counts of selling a large-capacity magazine (counts 2, 6, 13, 18-20), nine counts of poss...

Anthony v. Li
Date: April 14, 2020
Docket Number: A156640M
California v. Dennis  
Date: April 14, 2020
Docket Number: G055930

Justia Opinion Summary: After being convicted of three counts of willful, deliberate, and premeditated attempted murder, three counts of second degree robbery, three counts of assault with a semiautomatic firearm and a couple of gang-related of...

People v. Perlas  
Date: April 13, 2020
Docket Number: A152806

Justia Opinion Summary: Perlas, age 17, and his friends shoplifted alcohol and drank in the park; Perlas assaulted the victim, who was found dead the next day. In 1996, Perlas was convicted of second-degree murder. In 2015, Perlas was released...

Anthony v. Li  
Date: April 13, 2020
Docket Number: A156640

Justia Opinion Summary: In 2016, Anthony filed suit seeking to recover damages for personal injuries sustained in a car accident between him and Li. The parties unsuccessfully participated in voluntary private mediation and paid the requested f...

P. v. Corrales
Date: April 13, 2020
Docket Number: B297181M
Marriage of Mohler  
Date: April 13, 2020
Docket Number: E071314

Justia Opinion Summary: The sole issue in this appeal was how to allocate the value of a Rancho Cucamonga residential property lived in by plaintiff-respondent Jodie Mohler and defendant-appellant Greg Mohler during their marriage. Greg entered...

Nuno v. California State University, Bakersfield  
Date: April 13, 2020
Docket Number: F077889

Justia Opinion Summary: The Court of Appeal reversed the trial court's dismissal of plaintiff's action under the California Fair Employment and Housing Act in light of Gamet v. Blanchard (2001) 91 Cal.App.4th 1276. In Gamet, the court set forth...

P. v. Williams
Date: April 10, 2020
Docket Number: D074647A
Schreiber v. Lee  
Date: April 9, 2020
Docket Number: A149969

Justia Opinion Summary: Schreiber resided in her apartment since the building was built in 1980. She was seriously injured when she fell through a skylight built into the apartment's deck. Lee built and previously owned the three-unit building...

People v. Arce  
Date: April 9, 2020
Docket Number: A153460

Justia Opinion Summary: Arce and Burk were charged with the first-degree murder of Hamilton (Penal Code 187(a)), with a special circumstance allegation that Arce committed the murder while actively participating in a criminal street gang (secti...

People v. The North River Insurance Co.  
Date: April 9, 2020
Docket Number: B292411

Justia Opinion Summary: After defendant obtained a bail bond but did not appear as ordered, the trial court forfeited the bond and entered summary judgment on the bond against the bond's surety. Almost two years later, the surety moved to set a...

Amgen Inc. v. Health Care Services  
Date: April 9, 2020
Docket Number: B296563

Justia Opinion Summary: This case arose when Amgen submitted a price increase notice to CCHCS and other registered purchasers. Reuters News made a request under the California Public Records Act, seeking the price increase notices. Amgen then f...

California v. Williams  
Date: April 9, 2020
Docket Number: D074647

Justia Opinion Summary: Defendant Arnell Williams appealed after a trial court denied his motion to dismiss a petition for revocation filed by the California Department of Corrections and Rehabilitation (CDCR). Defendant contended the court err...

Sannmann v. Dept. of Justice  
Date: April 9, 2020
Docket Number: D075600

Justia Opinion Summary: In 1997, Frederic Sannmann pleaded guilty to felony robbery which rendered him ineligible to own firearms. In 2003, he successfully moved to set aside his conviction for most purposes: by statute, this relief did not res...

In re David C.  
Date: April 8, 2020
Docket Number: A157151

Justia Opinion Summary: Based on allegations that the minor exposed himself to (Penal Code 314.1) and solicited sex from his 14-year-old female classmate and touched another classmate in a sexual manner (Penal Code 242), the juvenile court plac...

In re David C.
Date: April 8, 2020
Docket Number: A157151M
Brooks v. AmeriHome Mortgage Co., LLC  
Date: April 8, 2020
Docket Number: B298132

Justia Opinion Summary: The Court of Appeal affirmed the trial court court's order granting plaintiff's motion for a preliminary injunction to enjoin arbitration. The court held that the trial court did not abuse its discretion when it found th...

Garcia v. Superior Court of Los Angeles County  
Date: April 8, 2020
Docket Number: B302119

Justia Opinion Summary: Petitioner sought a petition for writ of mandate, contending that his motion to dismiss should have been granted because the failure to hold a timely preliminary hearing violated the statutory time requirements of Penal...

Wood v. Super. Ct.
Date: April 8, 2020
Docket Number: D076325M
Jennifer K. v. Shane K.  
Date: April 7, 2020
Docket Number: A155111

Justia Opinion Summary: Jennifer and Shane are the parents of a daughter they have jointly parented since her birth in 2009. In 2017, 10 years after a “dating” relationship ended, Jennifer sought a domestic violence restraining order (DVRO) fr...

Communities for a Better Environment v. South Coast Air Quality Management District  
Date: April 7, 2020
Docket Number: B294732

Justia Opinion Summary: In this California Environmental Quality Act suit, the Court of Appeal affirmed the trial court's judgment rejecting the Communities' challenges to an environmental impact report about an oil refinery project. The court...

Ducksworth v. Tri-Modal Distribution Services  
Date: April 7, 2020
Docket Number: B294872

Justia Opinion Summary: Plaintiffs Ducksworth and Pollock filed suit alleging claims of race discrimination, and Pollock also alleged a sexual harassment claim. The Court of Appeal affirmed the trial court's grant of summary judgment for Scot...

Ruiz v. County of San Diego  
Date: April 7, 2020
Docket Number: D074654

Justia Opinion Summary: Sonia and Hector Ruiz's (together Ruiz) home flooded because their privately owned underground storm drain pipe rusted out after 50 years of use. They sued the County of San Diego (County) for inverse condemnation, and a...

Tubbs v. Berkowitz  
Date: April 7, 2020
Docket Number: G056951

Justia Opinion Summary: Janice Tubbs challenged certain assets her father, Harry William Berkowitz transferred to himself after his wife passed away. Berkowitz and his wife, Janice's parents, created The Berkowitz Family Trust (the Trust). The...

In re J.H.  
Date: April 6, 2020
Docket Number: C088227

Justia Opinion Summary: Respondent J.H. was ordered to pay restitution as part of a 2005 juvenile delinquency adjudication. J.H.’s wardship terminated on June 6, 2014, after which writs of execution were issued for the unpaid balance. J.H. subs...

California v. Williams  
Date: April 6, 2020
Docket Number: D074098

Justia Opinion Summary: A jury found defendant Jeremiah Williams guilty of first degree robbery, four counts of making a criminal threat, two counts of forcible rape, sexual penetration by use of force, forcible oral copulation, burglary of an...

Donkin v. Donkin  
Date: April 3, 2020
Docket Number: B293127

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment and held that the trial court correctly interpreted the trust document and correctly rejected trustees' statute of limitations argument. In this case, the trial cou...

Tarin v. Lind  
Date: April 3, 2020
Docket Number: B295708

Justia Opinion Summary: Plaintiff alleged that defendants interfered with her relationship with her mother, Lucy, by unduly influencing Lucy and distorting her understanding and perception of plaintiff such that Lucy would fully reject and excl...

Coast Community College Dist. v. Com. on State Mandates  
Date: April 3, 2020
Docket Number: C080349

Justia Opinion Summary: This case involved claims for subvention by community college districts pertaining to 27 Education Code sections and 141 regulations. The regulations includes “minimum conditions” that, if satisfied, entitles the communi...

Kelly v. House  
Date: April 2, 2020
Docket Number: A153735

Justia Opinion Summary: House owns an organic farm, adjacent to the Property, formerly owned by Moller. In 2002, House entered into a six-year lease with Moller for 35 farmable acres, containing a renewal option and a right of first refusal. H...

Coalition for an Equitable Westlake/MacArthur Park v. City of Los Angeles  
Date: April 2, 2020
Docket Number: B293327

Justia Opinion Summary: Plaintiff and the Coalition filed a petition for writ of mandate, seeking a peremptory writ directing the City to set aside various land use approvals, as well as determinations and documents approved under the Californi...

Weimer v. Nationstar Mortgage, LLC  
Date: April 2, 2020
Docket Number: C080550

Justia Opinion Summary: Plaintiff Robert Weimer, Jr., purchased real property in Carnelian Bay in 1993. He refinanced the mortgage in 2006 with a loan from defendant Bank of America, N.A. (BANA). After defaulting, plaintiff entered into a loan...

Early v. Becerra  
Date: April 2, 2020
Docket Number: C087947

Justia Opinion Summary: Appellants Eric Early and his election committee, Eric Early for Attorney General 2018 (collectively, Early), appealed the denial of their petition for writ of mandate to preclude respondent Xavier Becerra from running f...

In re A.M.  
Date: April 2, 2020
Docket Number: E073805

Justia Opinion Summary: A.M. (Mother) appealed the juvenile court’s order terminating her parental rights as to her two children, 11-year-old A.M. and six-year-old J.T., Jr. In late 2017, DPSS received an immediate response referral with allega...

Mountainlands Conservancy, LLC v. California Coastal Commission  
Date: April 1, 2020
Docket Number: B287079

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of three limited liability companies' writ of mandate to vacate the California Coastal Commission's decision certifying a local coastal program for the Santa Monica M...

People v. Sepulveda  
Date: April 1, 2020
Docket Number: B289160

Justia Opinion Summary: Defendant, who was 18 years old at the time of the attempted murders and 21 years old when he committed murder, seeks remand of his cause for a hearing under People v. Franklin (2016) 63 Cal.4th 261, because his counsel...

Ford v. City of Los Angeles  
Date: April 1, 2020
Docket Number: B290236

Justia Opinion Summary: After plaintiff was struck by a car while crossing a street on her way to school, she filed suit against the city. Plaintiff alleged that the intersection in which she was hit constituted a dangerous condition of public...

McPherson v. EF Intercultural Foundation, Inc.  
Date: April 1, 2020
Docket Number: B290869

Justia Opinion Summary: EF appealed from the trial court's judgment awarding vacation wages to three of EF's former exempt employees. In the published portion of the opinion, the Court of Appeal held that Labor Code section 227.3 applies to EF'...

Dennison v. Rosland Capital LLC  
Date: April 1, 2020
Docket Number: B295350

Justia Opinion Summary: After plaintiff made four purchases of precious metals from defendants, he filed suit alleging that defendants misled him. Plaintiff, as trustee for the Dennison Family Trust, purchased the precious metals after seeing t...

People v. Bell  
Date: April 1, 2020
Docket Number: F074656

Justia Opinion Summary: Defendants were convicted of numerous crimes related to a 2007 robbery of a casino and a conspiracy to rob the casino again a year later. After defendants' convictions were conditionally reversed in a prior appeal, the p...

Plaintiff v. Defendant  
Date: April 1, 2020
Docket Number: H044587

Justia Opinion Summary: Audrie, the Potts’ daughter, was sexually assaulted while unconscious from intoxication. Her assailants distributed intimate photographs of her. Audrie committed suicide. The Potts, as the registered successors-in-intere...

Zolly v. City of Oakland  
Date: March 30, 2020
Docket Number: A154986

Justia Opinion Summary: Oakland requested proposals for franchise contracts regarding garbage and residential recycling services. Following a lawsuit, a settlement provided that WMAC would receive garbage and mixed materials and organics contr...

People v. Mariscal  
Date: March 30, 2020
Docket Number: B262278A

Justia Opinion Summary: Defendant was convicted of two counts of murder, three counts of attempted murder, street terrorism, and possession of a firearm by a felon. In the initial opinion, the court affirmed defendant's convictions but reversed...

Dougherty v. Roseville Heritage Partners  
Date: March 30, 2020
Docket Number: C087224

Justia Opinion Summary: In January 2017, plaintiffs Lori Dougherty and Julie Lee's 89-year-old father passed away while living in Somerford Place, an elder residential care facility owned and operated by defendants Roseville Heritage Partners,...

Marriage of Everard  
Date: March 30, 2020
Docket Number: D075110

Justia Opinion Summary: Appellant Kyle Linley Everard (Kyle) appealed a trial court's order granting reciprocal domestic violence restraining orders (DVROs) against Kyle and respondent spouse Valerie Ann Everard (Valerie). In issuing the DVROs,...

P. v. Henderson
Date: March 30, 2020
Docket Number: D076200M
People v. Cowan  
Date: March 27, 2020
Docket Number: A156253

Justia Opinion Summary: After the denial of a motion to suppress evidence Cowan pleaded guilty to second-degree auto burglary, and, pending preparation of the probation report, agreed to a 16-month "hammer" term in county jail if he failed to a...

Curcio v. Pels  
Date: March 27, 2020
Docket Number: B295293

Justia Opinion Summary: The Court of Appeal reversed a restraining order issued against defendant under the Domestic Violence Prevention Act (DVPA). The court agreed with defendant that the trial court's finding that she disturbed the peace was...

In re C.P.  
Date: March 27, 2020
Docket Number: E072671

Justia Opinion Summary: The maternal grandparents of C.P. argued that the absolute statutory bar to placement of the child in their custody, either through approval as a resource family pursuant to Welfare and Institutions Code section 16519.5...

People v. Wilkes  
Date: March 26, 2020
Docket Number: A155624

Justia Opinion Summary: Wilkes was convicted for the attempted murder of Christopher and related crimes. The court of appeal affirmed the conviction but modified the judgment to strike an enhancement for a prior one-year prison term for a grand...

People v. Medeiros  
Date: March 26, 2020
Docket Number: A155648

Justia Opinion Summary: Medeiros was convicted of embezzlement and grand theft of property valued in excess of $1.3 million. The court sentenced Medeiros to a seven-year prison term: the middle term of two years for grand theft, three years fo...

People v. Torres  
Date: March 26, 2020
Docket Number: B296179

Justia Opinion Summary: After defendant was convicted of two counts of first degree murder (counts 11 and 12) under a felony murder theory of liability, the jury found true the special circumstance that the murders were committed during the com...

J.M. v. W.T.  
Date: March 25, 2020
Docket Number: B296295

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying plaintiff's petition for a domestic violence protective order pursuant to Family Code section 6200 et seq., the Domestic Violence Prevention Act. The court hel...

Lopez v. Ledesma  
Date: March 24, 2020
Docket Number: B284452

Justia Opinion Summary: In the absence of any clear legislative statement on the issue, a physician assistant acts within the scope of his or her license for purposes of Civil Code section 3333.2, subdivision (c)(2) if he or she has a legally e...

Reynaud v. Technicolor Creative Services USA  
Date: March 24, 2020
Docket Number: B290836

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of plaintiffs on their negligence cause of action against Technicolor. The jury found that Technicolor had been negligent and that its negligence was a su...

People v. Wang  
Date: March 24, 2020
Docket Number: B294888

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment entered after a jury trial in which defendant was convicted of the first degree murders of his mother-in-law and father-in-law. The court held that the erroneous om...

Spencer v. Mowat  
Date: March 24, 2020
Docket Number: B295738

Justia Opinion Summary: Plaintiffs filed suit against the Lunada Bay Boys, alleging that defendants, sometimes with the tacit approval of city officials who did nothing to stop them, engaged in what is known as "localism" – a practice of keepin...

Reeve v. Meleyco  
Date: March 24, 2020
Docket Number: C085867

Justia Opinion Summary: Attorney Robert Reeve sued attorney Kenneth Meleyco to enforce a referral fee agreement after Reeve referred a client to Meleyco but Meleyco did not pay the referral fee. A jury found that Reeve was entitled to recover f...

Citizens for Responsible Caltrans Decision. v. Department of Transportation  
Date: March 24, 2020
Docket Number: D074374

Justia Opinion Summary: In 2017, the California Department of Transportation (Caltrans) released a final environmental impact report (FEIR) for the construction of two freeway interchange ramps connecting Interstate 5 and State Route 56 (SR 56)...

In re D.S.  
Date: March 24, 2020
Docket Number: D076517

Justia Opinion Summary: M.J. (Mother) appeals the order entered following the jurisdiction and disposition hearing in the juvenile dependency case of her minor child, D.S. D.S. was living with his paternal aunt (Aunt), later determined to be hi...

Uber Technologies Pricing Cases  
Date: March 23, 2020
Docket Number: A154694

Justia Opinion Summary: Taxi companies and taxi medallion owners sued Uber, alleging violations of the Unfair Practices Act’s (UPA) prohibition against below-cost sales (Bus & Prof. Code, 17043) and of the Unfair Competition Law (section 17200)...

City of Warren Police and Fire Retirement System v. Natera Inc.  
Date: March 23, 2020
Docket Number: A155613

Justia Opinion Summary: Natera's primary product is Panorama, a screening test for fetal chromosomal abnormalities, based on a blood draw, rather than amniocentesis. A class action under the Securities Act of 1933 (15 U.S.C. 77a), alleged that...

Siry Investment v. Farkhondehpour
Date: March 23, 2020
Docket Number: B277750M
City of Redondo Beach v. Padilla  
Date: March 23, 2020
Docket Number: B294016

Justia Opinion Summary: The City of Redondo Beach challenged the Voter Participation Rights Act (VPRA) on the ground it improperly infringed the plenary authority conferred on charter cities by article XI, section 5, of the California Constitut...

P. v. Cota
Date: March 23, 2020
Docket Number: D074935M
California v. Mitchell  
Date: March 23, 2020
Docket Number: E071660

Justia Opinion Summary: Defendant-appellant Gloria Mitchell was convicted by a jury of several offenses involving three minor victims, John Doe 1, John Doe 2 and Jane Doe. With respect to John Doe 1, defendant was convicted of torture (count 1)...

In re B.E.  
Date: March 23, 2020
Docket Number: G058062

Justia Opinion Summary: This proceeding concerned three children, ages seven, four, and two. Their parents had an extensive history of drug abuse, treatments, and relapses. After one such relapse in 2018, after a hypodermic needle was found und...

In re Andrew M.  
Date: March 20, 2020
Docket Number: B294704

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's order taking jurisdiction over his son. The court held that the juvenile court erred by failing to appoint counsel for father, despite his numerous requests. Because it w...

Fidelity National Home Warranty Company Cases  
Date: March 20, 2020
Docket Number: D074161

Justia Opinion Summary: Plaintiffs Dan Kaplan, James Baker, Janice Fistolera, Fernando Palacios, and Hamid Aliabadi appealed two judgments dismissing two coordinated actions against defendant Fidelity National Home Warranty Company (Fidelity):...

Medical Marijuana, Inc. v. ProjectCBD.com  
Date: March 20, 2020
Docket Number: D074755

Justia Opinion Summary: The Project CBD defendants, ProjectCBD.com, website founder Martin Lee, and article author Aaron Cantu, appealed a trial court's order denying their special motion to strike the three causes of action asserted in the sec...

King and Gardiner Farms, LLC v. County of Kern
Date: March 20, 2020
Docket Number: F077656M
People v. Garcia  
Date: March 18, 2020
Docket Number: B293491

Justia Opinion Summary: A trial court does not have the discretion to substitute the firearm enhancement found true by the jury for a lesser enhancement never presented to that jury. In the published portion of the opinion, the Court of Appeal...

California v. Cruz  
Date: March 18, 2020
Docket Number: E070518

Justia Opinion Summary: Defendant-appellant Mario Cruz, Jr. was found by jury guilty as charged of committing several offenses against his former girlfriend, Jane Doe: stalking Jane while a restraining order prohibiting defendant from contactin...

In re S.E.  
Date: March 18, 2020
Docket Number: F078904

Justia Opinion Summary: The Court of Appeal affirmed the district court's restitution order against defendant, then age 16, who admitted to making criminal threats in violation of Penal Code 422. The court held that the juvenile court erred by...

California v. Solis  
Date: March 18, 2020
Docket Number: G057510

Justia Opinion Summary: Defendant Rogelio Solis, who had been convicted of second degree murder based on the doctrine of natural and probable consequences, filed a petition for resentencing pursuant to the newly enacted Penal Code section 1170....

California v. Cruz  
Date: March 18, 2020
Docket Number: G057564

Justia Opinion Summary: Defendant Alfredo Cruz was convicted of second degree murder in 2010. In 2019, he filed a petition to vacate his murder conviction and asked for resentencing under newly enacted Penal Code section 1170.95, enacted as par...

Save the Agoura Cornell Knoll v. City of Agoura Hills  
Date: March 17, 2020
Docket Number: B292246

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment, in a California Environmental Quality Act action, granting a peremptory writ of mandate directing the City to set aside its approval of a mixed-use development pro...

In re N.D.  
Date: March 16, 2020
Docket Number: B300468

Justia Opinion Summary: The Court of Appeal conditionally reversed the juvenile court's disposition order removing father's children from his custody and continuing their placement in foster care. The court held that CWS was required to complet...

Citizens of Humanity, LLC v. Hass  
Date: March 16, 2020
Docket Number: D074790

Justia Opinion Summary: John H. Donboli, JL Sean Slattery, and Del Mar Law Group LLP (collectively the Del Mar Attorneys) filed a mislabeling lawsuit on behalf of a putative class of consumers who claimed they were misled by "Made in the U.S.A....

Citizens for South Bay Coastal Access v. City of San Diego
Date: March 16, 2020
Docket Number: D075387M
K.G. v. S.B.  
Date: March 16, 2020
Docket Number: D075872

Justia Opinion Summary: Father knew his son, C.B., had been addicted to drugs for a number of years, and "had paid on numerous prior occasions" for C.B. to undergo "detox and/or drug rehabilitation and treatment programs to treat his addiction....

People v. Sanchez  
Date: March 16, 2020
Docket Number: F076838

Justia Opinion Summary: Defendant appealed his conviction of attempted murder and assault with a firearm after his acquaintance fired a shotgun during a confrontation with other men. The Court of Appeal held that the evidence was sufficient to...

M.G. v. Super. Ct.  
Date: March 16, 2020
Docket Number: G058611

Justia Opinion Summary: Mother, M.G., and Father, A.G., both petitioned for an extraordinary writ in the dependency cases of their children, A.G. and C.G. They challenged the juvenile court’s order after a contested review hearing. The court te...

California v. Henderson  
Date: March 13, 2020
Docket Number: D076200

Justia Opinion Summary: A jury convicted Ian Henderson and codefendant Zavier Marks of attempted murder (count 1) and shooting at an inhabited dwelling (count 2). With respect to count 1, the jury found true allegations that the attempted murde...

Wood v. Super. Ct.  
Date: March 13, 2020
Docket Number: D076325

Justia Opinion Summary: Petitioner Christynne Lili Wrene Wood contacted the California Department of Fair Employment and Housing (DFEH) to report alleged gender discrimination by her Crunch fitness club, which was owned and operated by CFG Jama...

People v. Lopez  
Date: March 13, 2020
Docket Number: F076295

Justia Opinion Summary: Defendant appealed his conviction for unlawful possession of a firearm and ammunition, attempted robbery, conspiracy to commit robbery, and a violation of the gang conspiracy statute, Penal Code section 182.5. The Cour...

Coats v. New Haven Unified School District  
Date: March 12, 2020
Docket Number: A150490

Justia Opinion Summary: When E.D. was 17 years old, a high school teacher began engaging in sex with her in his classroom. The situation was discovered after several months. The teacher admitted engaging in sexual intercourse with E.D. 10-20 ti...

Fowler v. City of Lafayette
Date: March 12, 2020
Docket Number: A156525M
Canyon Crest Conservancy v. County of Los Angeles  
Date: March 12, 2020
Docket Number: B290379

Justia Opinion Summary: Canyon Crest filed suit challenging the approval of a conditional use permit and an oak tree permit granted to real party in interest Stephen Kuhn. Canyon Crest, a nonprofit organization established by Kuhn's immediate n...

McHenry v. Asylum Entertainment Delaware, LLC  
Date: March 12, 2020
Docket Number: B292457

Justia Opinion Summary: After a seaman's hands were injured on a commercial fishing vessel out on the Gulf of Mexico and he ultimately loss some of his fingers due to infection, he filed suit against the vessel's owner and the production compan...

Lange v. Monster Energy Co.  
Date: March 12, 2020
Docket Number: B294091

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of Monster Energy's motion to compel arbitration of a disability discrimination action brought by plaintiff. While the court agreed with Monster Energy that the trial...

California v. Smith  
Date: March 12, 2020
Docket Number: D075372

Justia Opinion Summary: In December 2014, police entered a casita belonging to Skyler Smith and saw drugs in plain view. The Riverside County District Attorney filed an information charging Smith with multiple drug possession counts. The trial...

P. v. Super. Ct. (Quarles)
Date: March 12, 2020
Docket Number: D076494M
People v. Quinonez  
Date: March 12, 2020
Docket Number: F076433

Justia Opinion Summary: Defendant was convicted of multiple felony offenses for punching a sheriff's deputy while she was in custody and sentenced to an aggregate term of nine years in prison. In the published portion of the opinion, the Court...

Montoya v. Ford Motor Co.  
Date: March 12, 2020
Docket Number: G056752

Justia Opinion Summary: Gabriel Montoya bought a 2003 Ford Excursion in April 2003. A jury found that as of November 30, 2005, he knew it was a lemon. The statute of limitations for breaches of the implied warranty of merchantability was four y...

Becerra v. Shine  
Date: March 11, 2020
Docket Number: A155903

Justia Opinion Summary: The Attorney General sought an accounting relating to the Trust, alleging that Shine, a trustee, failed to fulfill his duties and failed to create a charitable organization, the “Livewire Lindskog Foundation.” The court...

County of Humboldt v. Appellate Division of the Superior Court of Humboldt County  
Date: March 11, 2020
Docket Number: A157609

Justia Opinion Summary: Government Code section 53069.4 authorizes local governments to assess administrative fines or penalties for ordinance violations. Judicial review of a final administrative decision may be obtained either by petition for...

Victrola 89, LLC v. Jaman Properties 8 LLC  
Date: March 11, 2020
Docket Number: B295439

Justia Opinion Summary: After Victrola filed suit against the Jaman Parties, defendants moved to compel arbitration under the Federal Arbitration Act (FAA) based on the parties' real estate purchase agreement. The trial court denied the motion,...

California v. Lopez  
Date: March 11, 2020
Docket Number: C080065

Justia Opinion Summary: Defendant Sharon Darlene Lopez appealed after a trial court denied her motion to suppress evidence obtained from a warrantless blood draw. Police conducted the blood draw upon defendant’s arrest for driving under the inf...

Alexander v. Community Hospital of Long Beach  
Date: March 10, 2020
Docket Number: B279155

Justia Opinion Summary: After a hospital and medical group created a hostile work environment and wrongfully discharged three nurses based on their opposition to a supervisor's harassment, the jury awarded the nurses substantial past and future...

Los Angeles Leadership Academy, Inc. v. Prang  
Date: March 10, 2020
Docket Number: B292613

Justia Opinion Summary: Plaintiffs filed suit against the Assessor and others, seeking a refund of property taxes and special assessments, and for declaratory relief. The Court of Appeal found no support in statutory or case law for plaintiffs'...

People v. Corrales  
Date: March 10, 2020
Docket Number: B297181

Justia Opinion Summary: After defendant set fire to a palm tree next to a strip mall, he was convicted of misdemeanor unlawful burning of the property of another. The trial court then ordered defendant to stay 100 years away from the building a...

People v. Graves  
Date: March 9, 2020
Docket Number: A152603

Justia Opinion Summary: Jane, age 15, and Lucy were browsing in a clothing store. Graves came up behind Jane, put his hand on her buttock and “squeeze[d] tight.” Graves then entered the store’s changing room, removed his shirt, and stepped out...

Facebook, Inc. v. Superior Court of the City and County of San Francisco  
Date: March 9, 2020
Docket Number: A157143

Justia Opinion Summary: The defendants were indicted on murder, weapons, and gang-related charges stemming from a drive-by shooting. Each defendant served a subpoena duces tecum on one or more social media providers (Facebook, Instagram, and Tw...

Summer J. v. United States Baseball Federation
Date: March 9, 2020
Docket Number: B282414M
California v. Cervantes  
Date: March 9, 2020
Docket Number: E070980

Justia Opinion Summary: Omar Jesus Cervantes appealed his conviction for second degree murder, arguing it had to be reversed under the recently enacted Senate Bill No. 1437 (SB 1437) and the changes the new law made to the natural and probable...

People v. Garcia  
Date: March 9, 2020
Docket Number: H043870

Justia Opinion Summary: A jury found Garcia and Austin guilty of first-degree murder and other crimes for a 2012 home invasion robbery and murder. On appeal, they challenged the sufficiency of the evidence, evidentiary rulings and jury instruct...

People v. Kareem A.  
Date: March 6, 2020
Docket Numbers: B287126, B292685, B292686, B293476

Justia Opinion Summary: DSH appealed from orders imposing sanctions under Code of Civil Procedure section 177.5, in the amount of $1,500 per each "incompetent to stand trial" (IST) defendant that DSH failed to admit within 60 days of the commi...

County of Kern v. Alta Sierra Holistic etc.  
Date: March 6, 2020
Docket Numbers: F077887, F078069

Justia Opinion Summary: At issue in this appeal was how long a board of supervisors must wait before reenacting the essential feature of the protested ordinance. The Court of Appeal interpreted Elections Code section 9145 to mean a board of sup...

Zhang v. Chu  
Date: March 5, 2020
Docket Number: B292418

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's special motion to strike plaintiff's malicious prosecution suit as meritless. The court held that plaintiff lacked proof he probably would succeed in pr...

Matson v. S.B.S. Trust Deed Network  
Date: March 5, 2020
Docket Number: D074442

Justia Opinion Summary: Plaintiffs Matthew Matson and Matson SDRE Group, LLC purchased a deed of trust at a nonjudicial foreclosure sale. Defendants S.B.S. Trust Deed Network (SBS) was listed as the trustee, and Bank of Southern California, N.A...

Moofly Productions, LLC v. Favila  
Date: March 4, 2020
Docket Number: B294828

Justia Opinion Summary: The Court of Appeal affirmed the superior court's judgment in favor of the Estate, in a lawsuit brought by Moofly for actions the Estate took when attempting to collect on a judgment in a previous, related case. The Esta...

Brewer v. Remington  
Date: March 4, 2020
Docket Number: F076467

Justia Opinion Summary: Plaintiff and her husband filed a medical malpractice action against Doctors Medical and others, including Defendant Remington, after plaintiff became paralyzed following carpel tunnel surgery. Remington performed the sp...

Siry Investment, LP v. Farkhondehpour  
Date: March 3, 2020
Docket Number: B277750

Justia Opinion Summary: This appeal arose from challenges to a $7 million default judgment entered after the trial court issued terminating sanctions. The Court of Appeal affirmed the entry of terminating sanctions, modifying the judgment to el...

Lincoln Unified School Dist. v. Superior Court  
Date: March 3, 2020
Docket Number: C088857

Justia Opinion Summary: This proceeding stemmed from a minor’s collapse during football try-outs at Lincoln High School in Stockton in 2017. Respondent Shynelle Jones presented a timely claim on behalf of her son, Jayden, to the Lincoln Unified...

California v. Quintanilla  
Date: March 3, 2020
Docket Number: D076549

Justia Opinion Summary: A jury convicted Rene Quintanilla, Jr., of one count of first degree murder, one count of possession of a firearm by a prohibited person, and one count of child abuse likely to produce great bodily harm or death.1 For mu...

Estate of Ashlock  
Date: March 3, 2020
Docket Number: F078083

Justia Opinion Summary: Probate Code section 856 clearly and unambiguously grants the probate court the power not only to order a conveyance or transfer to the person entitled to the property in question, but also to grant other appropriate rel...

In re Justin O.  
Date: March 2, 2020
Docket Number: B287406

Justia Opinion Summary: The Court of Appeal held that the juvenile court erred in denying grandmother de facto parent status, and compounded the error by refusing to allow grandmother an opportunity to present evidence or argument at the purpor...

Environmental Council of Sacramento v. County of Sacramento  
Date: March 2, 2020
Docket Number: C076888

Justia Opinion Summary: Defendants County of Sacramento and the County Board of Supervisors (the County) approved Cordova Hills, a large master planned community comprised of residential and commercial uses and including a university (the Proje...

People v. Delrio  
Date: February 28, 2020
Docket Number: A154848

Justia Opinion Summary: Surveillance video from a neighbor’s house showed two individuals walking from a truck to a burglarized house and then walking away, carrying sacks. Deputy Willett contacted Delrio and told him that a vehicle registered...

Conservatorship of E.B.  
Date: February 28, 2020
Docket Number: A157280

Justia Opinion Summary: E.B. has been diagnosed with schizophrenia. The Contra Costa County public guardian sought the appointment of a conservator. The court denied E.B.’s objection to compelled testimony. At a trial, E.B. was called as one of...

Reed v. City of Los Angeles  
Date: February 28, 2020
Docket Number: B294531

Justia Opinion Summary: Plaintiff filed suit against the city for injuries he sustained when he rode his bicycle into a rope attached to a badminton net stretched across a paved path in MacArthur Park. The Court of Appeal affirmed the trial cou...

In re Howerton
Date: February 28, 2020
Docket Number: F076546M
San Jose Neurospine v. Aetna Health of California, Inc.  
Date: February 27, 2020
Docket Number: B296716

Justia Opinion Summary: The Court of Appeal reversed the district court's grant of summary judgment in favor of Aetna. In plaintiff's first cause of action, plaintiff alleged that Aetna violated Health & Safety Code section 1371.4. In plaintiff...

Atwell Island Water Dist. v. Atwell Island Water Dist.
Date: February 27, 2020
Docket Number: F076043M
HGST, Inc. v. County of Santa Clara  
Date: February 27, 2020
Docket Number: H044904

Justia Opinion Summary: HGST bought manufacturing fixtures, machinery, and equipment for $2.4 billion in 2002. The Santa Clara County Assessor annually imposed escape assessments (corrections to assessed value on the local property tax roll) on...

In re McDowell  
Date: February 26, 2020
Docket Number: A157020

Justia Opinion Summary: McDowell and Hutchison planned and executed a burglary and an attempted armed robbery of a drug dealer. Hutchison shot and killed the drug dealer. Although he was not the actual killer, McDowell was sentenced to life imp...

Munoz v. Superior Court of Alameda County  
Date: February 26, 2020
Docket Number: A157445

Justia Opinion Summary: The Hayward Police Department investigated the East Las Palmas street gang, of which Munoz and Villegas were members. They wiretapped Villegas's phone. While Munoz was in custody, he referred to killing Bagshaw during a...

Wilkin v. Nelson  
Date: February 26, 2020
Docket Number: B294530

Justia Opinion Summary: After the probate court found that clear and convincing evidence supported equitable reformation of the decedent's will to provide for testamentary control and disposition of her separate property only, the probate court...

California v. Cota  
Date: February 26, 2020
Docket Number: D074935

Justia Opinion Summary: Fernando Cota pled guilty to felony carrying a concealed dirk or dagger in exchange for three years of probation and the possibility that the charge might be reduced to a misdemeanor at the end of one year. The trial cou...

People v. Botello  
Date: February 26, 2020
Docket Number: F076907

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for murdering two juveniles and held that the trial court's error in admitting into evidence defendant's rap song video glorifying gang violence was harmless. However,...

King and Gardiner Farms, LLC v. County of Kern  
Date: February 26, 2020
Docket Number: F077656

Justia Opinion Summary: Plaintiffs filed suit challenging the Board's approval of an ordinance to streamline the permitting process for new oil and gas wells and certification of an environmental report (EIR) as compliant with the California En...

Textron, Inc. v. Travelers Casualty and Surety Co.  
Date: February 25, 2020
Docket Number: B262933

Justia Opinion Summary: At issue in this insurance dispute coverage between Textron and Travelers was whether an earlier choice of law ruling in a Rhode Island coverage action between the parties qualifies for collateral and judicial estoppel e...

Hensel Phelps Construction Co. v. Department of Corrections and Rehabilitation  
Date: February 25, 2020
Docket Number: B293427

Justia Opinion Summary: After Phelps was awarded a public works contract by the CDCR, another bidder successfully challenged the award, obtaining a ruling in a San Diego trial court that Phelps's bid was "non-responsive as a matter of law" due...

California v. Gastelum  
Date: February 25, 2020
Docket Number: D075368A

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...

In re Brown  
Date: February 25, 2020
Docket Number: E071401

Justia Opinion Summary: The State appealed a trial court's orders granting respondent Brandon Brown’s (defendant) petition for writ of habeas corpus, vacating his sentence, and resentencing him to 16 years eight months in prison, which was eigh...

Marriage of Deal  
Date: February 24, 2020
Docket Number: A154425

Justia Opinion Summary: Patricia petitioned for the dissolution of her marriage to Thomas in 2001. A dissolution judgment entered in 2002; a judgment on reserved issues entered in 2008. In 2005, trial court Commissioner Oleon determined, based...

Roth v. Jelley  
Date: February 24, 2020
Docket Number: A155742

Justia Opinion Summary: Mark’s grandfather, McKie, created a trust in his will for the benefit of his wife, Yvonne. during her life and granted her a testamentary power of appointment over the remainder. If Yvonne did not exercise her appointme...

Madani v. Rabinowitz  
Date: February 24, 2020
Docket Number: B292395

Justia Opinion Summary: Plaintiff filed suit against his next door neighbor, alleging trespass and nuisance claims, and seeking to remove a portion of defendant's fence, which encroached on plaintiff's property. Plaintiff also sought to enjoin...

California v. Superior Court (Quarles)  
Date: February 24, 2020
Docket Number: D076494

Justia Opinion Summary: In June 2018, the superior court determined that Alvin Quarles, who had been committed as a sexually violent predator (SVP) since 2014, should have been conditionally released. The State unsuccessfully brought a motion f...

Atwell Island Water District v. Atwell Island Water District  
Date: February 24, 2020
Docket Number: F076043

Justia Opinion Summary: This case stemmed from a dispute concerning which persons are the true members of the Atwell Island Water District. The Court of Appeal held that the trial court relied on improper extraneous documents when ruling on the...

In re Amber K.  
Date: February 21, 2020
Docket Number: A155515

Justia Opinion Summary: A juvenile court found that Amber had committed felony assault by force likely to produce great bodily harm, adjudged her a ward of the court, and imposed conditions of probation. The conditions included a requirement th...

California v. Mora-Duran  
Date: February 21, 2020
Docket Number: C085192

Justia Opinion Summary: Defendant Fidel Mora-Duran waived preliminary hearing and pleaded no contest to felony marijuana cultivation. After his plea, but before sentencing, Proposition 64 was passed, which amended Health & Saf. Code section 113...

People v. Lipsett  
Date: February 21, 2020
Docket Number: H045282

Justia Opinion Summary: Lipsett pled guilty to battery on a non-prisoner by a prisoner and admitted a prior conviction that qualified as a strike. He was sentenced to six years in prison. The court of appeal affirmed, rejecting his argument th...

Zehia v. Super. Ct.  
Date: February 20, 2020
Docket Number: D076449

Justia Opinion Summary: California resident Nicholas Nadhir sued non-resident Yousef Zehia for defamation, violation of the online impersonation law, appropriation of name or likeness, and intentional infliction of emotional distress based on Z...

People v. Medellin  
Date: February 20, 2020
Docket Number: F076022

Justia Opinion Summary: The Court of Appeal reversed defendant's convictions for assault with force likely to cause great bodily injury, and their accompanying enhancements for inflicting great bodily injury. The court held that, if the trial c...

Wanke, Industrial, Commercial, etc. v. AV Builder Corp.  
Date: February 19, 2020
Docket Number: D074392

Justia Opinion Summary: Wanke, Industrial, Commercial, Residential, Inc. (Wanke) was a company that installed waterproofing systems. It sued Scott Keck and another of its former employees in 2008 for trade secret misappropriation after they lef...

Kinsella v. Kinsella  
Date: February 19, 2020
Docket Number: D074989

Justia Opinion Summary: The issues presented by this appeal for the Court of Appeal’s review arose in the procedural context of an anti-SLAPP motion brought by Tamara Kinsella, in defendant Kevin Kinsella’s malicious prosecution complaint. Shor...

California v. Turner  
Date: February 19, 2020
Docket Number: D075788

Justia Opinion Summary: James Turner pled guilty in 2007 to voluntary manslaughter, and admitted a gang allegation. While he was serving his 21- year prison term, the California Legislature enacted Senate Bill No. 1437 making certain changes to...

In re: Marriage of Brewster and Clevenger  
Date: February 19, 2020
Docket Number: H045050

Justia Opinion Summary: The parties were married for 21 years before seeking dissolution. Both are physicians; they met in medical school. The trial court denied Wife’s request for spousal support orders because she suffered criminal conviction...

In re: Marriage of Grimes and Mou  
Date: February 19, 2020
Docket Number: H046035

Justia Opinion Summary: The parties married in 2004. Husband filed a dissolution petition in 2016. The trial court held a hearing on property division and permanent spousal support and ordered Wife to transfer half of the funds then in a broker...

Summer J. v. United States Baseball Federation  
Date: February 18, 2020
Docket Number: B282414

Justia Opinion Summary: The provision of adequate protective netting in a perceived zone of danger behind home plate (or for field-level seating along the first- and third-base lines between home plate and the dugouts) increases safety and mini...

Dumas v. Los Angeles County Board of Supervisors  
Date: February 18, 2020
Docket Number: B288554

Justia Opinion Summary: Plaintiff filed suit against the county and others, alleging various civil rights violations stemming from plaintiff's 2015 arrest. The Court of Appeal affirmed the trial court's dismissal of the complaint based on plai...

People v. Abrahamian  
Date: February 18, 2020
Docket Number: B289162

Justia Opinion Summary: Defendant appealed her conviction for knowingly procuring or offering a forged quitclaim deed for recordation in a public office and knowingly possessing a false completed notary public's acknowledgment (notary acknowled...

People v. Alexander  
Date: February 18, 2020
Docket Number: B296184

Justia Opinion Summary: Senate Bill 1393, which amended Penal Code sections 667 and 1385 to give trial courts discretion to strike prior serious felony enhancements, does not apply to final convictions. The Court of Appeal dismissed defendant'...

Conservatorship of A.E.  
Date: February 18, 2020
Docket Number: B297092

Justia Opinion Summary: Probate Code section 1825 required that a conservatee consent to the appointment of the proposed conservator or a showing had to be made that she was unable or unwilling to attend the hearing. Mother appealed the trial c...

Gulf Offshore Logistics, LLC v. Superior Court of Ventura County  
Date: February 18, 2020
Docket Number: B298318

Justia Opinion Summary: Non-California residents and former crew members of a vessel filed suit alleging violations of California state wage and hour laws against their employers and the owners of the vessel (petitioners). The trial court denie...

California v. Bermudez  
Date: February 18, 2020
Docket Number: C079168A

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

California v. Johnson  
Date: February 18, 2020
Docket Number: D075097

Justia Opinion Summary: The State appealed a trial court's order: (1) granting Raheen Johnson's motion to dismiss the petition to revoke parole filed by the Division of Adult Parole Operations of the California Department of Corrections and Reh...

Citizens for South Bay Coastal Access v. City of San Diego  
Date: February 18, 2020
Docket Number: D075387

Justia Opinion Summary: The City of San Diego (the City) appealed a judgment in a lawsuit filed by Citizens for South Bay Coastal Access (Plaintiff), which challenged the City's issuance of a conditional use permit allowing it to convert a mote...

P. v. Mendoza
Date: February 18, 2020
Docket Number: E071835M
Schmidt v. Super. Ct.
Date: February 14, 2020
Docket Number: B291385M
California v. Villatoro
Date: February 14, 2020
Docket Number: B296613M
Lateef v. City of Madera  
Date: February 14, 2020
Docket Number: F076227

Justia Opinion Summary: Junaid Lateef appealed a judgment entered in favor of the City of Madera (city) and the Madera City Council (city council) (collectively, respondents), which denied his petition for administrative mandamus and requests f...

Soto v. Union Pacific Railroad Co.  
Date: February 13, 2020
Docket Number: B289712

Justia Opinion Summary: Irma Yolanda Munoz Soto sued Union Pacific Railroad Company and two of its employees, Scott King and Robert Finch (collectively, Union Pacific), for wrongful death (premises liability and general negligence) after Soto’s...

Torres v. Design Group Facility Soultions, Inc.  
Date: February 13, 2020
Docket Number: B294220

Justia Opinion Summary: Ismael Torres, Jr. sued Design Group Facility Solutions, Inc. (Design) for personal injuries after he fell through a skylight at a construction site. Design moved for summary judgment. The trial court initially denied th...

In re E.F.  
Date: February 13, 2020
Docket Number: B295755

Justia Opinion Summary: In December 2018, E.F. (minor) and L.S. were ninth graders enrolled in the same art class in high school. For unknown reasons, minor offered L.S. a Cup of Noodles, microwaved it, and handed it to him. When L.S. went to d...

California v. Marcus  
Date: February 13, 2020
Docket Number: C087059

Justia Opinion Summary: Defendant Demetrious Marcus and an accomplice broke into an apartment occupied by an elderly couple and other family members. After robbing the victims at gunpoint, defendant and his partner left with various property an...

Alliance for Constitutional etc. v. Dept. of Corrections etc.  
Date: February 13, 2020
Docket Number: C087294

Justia Opinion Summary: The California Department of Corrections Rehabilitation (Department) challenged a trial court ruling striking down its regulation excluding from early parole consideration inmates serving sentences for current nonviolent...

Marriage of Deluca  
Date: February 13, 2020
Docket Number: D071379A

Justia Opinion Summary: Parties Rosalinda and George Deluca appealed a trial court’s division of martial property and other matters, including spousal support. During the marriage, George's sister transferred to him title to an apartment comple...

Travelers Property Casualty Co. of America v. KLA-Tencor Corp.  
Date: February 13, 2020
Docket Number: H044890

Justia Opinion Summary: Travelers won summary judgment in this duty-to-defend insurance dispute with its insured, KLA. The superior court concluded that the language of the commercial liability insurance policies, which covered claims for “mali...

George v. Shams-Shirazi  
Date: February 11, 2020
Docket Number: A155158

Justia Opinion Summary: Following a child custody hearing in January 2017, the trial court entered an order giving Mother sole custody. In June 2017, Father filed an unsuccessful request to set aside that order. Weeks later, he filed a second...

California v. Johnson  
Date: February 11, 2020
Docket Number: E069732

Justia Opinion Summary: Tajay Johnson and Kevin Hairston were both convicted by jury of one count of second degree robbery, one count of carjacking, one count of kidnapping to commit robbery, and one count of kidnapping for the purpose of carja...

California v. Strike  
Date: February 11, 2020
Docket Number: G056949

Justia Opinion Summary: The sole issue on appeal is whether defendant Christopher Strike’s prior gang participation conviction qualified as a strike under California's "Three Strikes" law. The State alleged defendant was convicted in 2007 of vi...

Fowler v. City of Lafayette  
Date: February 10, 2020
Docket Number: A156525

Justia Opinion Summary: The application called for a “tennis cabaña” with a guest room and bathroom, next to a tennis court on a 2.38-acre residential property. Neighbors objected that the cabaña was inconsistent with the neighborhood; was too...

State Water Resources Control Bd. v. Baldwin & Sons, Inc.  
Date: February 10, 2020
Docket Number: D075617

Justia Opinion Summary: Appellants Baldwin & Sons, Inc.; Baldwin & Sons, LLC; Sunranch Capital Partners, LLC; USA Portola Properties, LLC; Sunrise Pacific Construction; USA Portola East, LLC; USA Portola West, LLC; and SRC-PH Investments, LLC,...

California v. Yanez  
Date: February 10, 2020
Docket Number: E070556M

Justia Opinion Summary: Defendant Salvador Yanez IV was convicted by jury of second degree murder in the 2015 shooting death of Gilbert Lopez. The shooting followed a verbal argument between the two. In addition to murder, defendant was charged...

Herpel v. County of Riverside  
Date: February 10, 2020
Docket Number: E070618

Justia Opinion Summary: At issue before the Court of Appeal was whether Riverside County, California could impose a tax on possessory interests in federally owned land set aside for the Agua Caliente Band of Cahuilla Indians or its members. In...

People v. Petri  
Date: February 10, 2020
Docket Number: H045990

Justia Opinion Summary: The defendant pleaded no contest to grand theft and admitted that he had served one prior prison term. In another case, he pleaded no contest to embezzlement and also admitted to one prior prison term. At a combined sent...

People v. Cerda  
Date: February 7, 2020
Docket Number: B232572

Justia Opinion Summary: Defendants were convicted of one count of murder and twenty-three counts of attempted premeditated murder with gang and firearm enhancements. While defendants' appeals were pending, the Legislature enacted Senate Bill No...

Constellation-F, LLC v. World Trading 23, Inc.  
Date: February 7, 2020
Docket Numbers: B293033, B293883

Justia Opinion Summary: This case arose when Constellation filed an unlawful detainer action against World Trading, which Constellation then converted to a damages action against World Trading and World Tech Toys for breach of contract. Constel...

Shaeffer v. Califia Farms, LLC  
Date: February 6, 2020
Docket Number: B291085

Justia Opinion Summary: Plaintiff filed suit under the Unfair Competition Law, the false advertising law, and the Consumer Legal Remedies Act, alleging that the Cuties Juice label for tangerine juice was fraudulent because it was likely to dece...

Downey v. Public Storage, Inc.  
Date: February 6, 2020
Docket Number: B291662

Justia Opinion Summary: The Court of Appeal held that where, as here, a proposed class action lawsuit seeks restitution for violations of the Unfair Competition Law and false advertising law based on a series of allegedly deceptive advertisemen...

Dos Vientos v. CalAtlantic Group, Inc.  
Date: February 6, 2020
Docket Number: B291731

Justia Opinion Summary: After the condominium association sued the developer alleging construction defects, the association began arbitration without obtaining a vote of its members. However, the association's governing documents required arbit...

Gamma Eta Chapter of Pi Kappa Alpha v. Helvey  
Date: February 6, 2020
Docket Number: B295667

Justia Opinion Summary: The chapter filed suit against defendant and the housing corporation for constructive fraud, breach of fiduciary duty, unjust enrichment, negligent misrepresentation, and others. The Court of Appeal reversed the trial...

In re D.P.  
Date: February 6, 2020
Docket Number: B295780

Justia Opinion Summary: After seven-year-old D.P. was removed from his mother's physical custody and returned home to father's custody, mother appealed the removal order under Welfare and Institutions Code section 361, subdivision (e). The Co...

People v. Torres  
Date: February 6, 2020
Docket Number: B296587

Justia Opinion Summary: Penal Code section 1237.2, which was enacted to allow trial courts to correct errors in fines and assessments notwithstanding a pending direct appeal, does not apply after the defendant's direct appeal has concluded. T...

Grande v. Eisenhower Medical Center  
Date: February 6, 2020
Docket Number: E068730

Justia Opinion Summary: Temporary staffing agency FlexCare, LLC assigned Lynn Grande to work as a nurse at Eisenhower Medical Center (Eisenhower). According to Grande, during her employment at Eisenhower, FlexCare and Eisenhower failed to ensur...

Alaniz v. Sun Pacific Shippers, L.P.  
Date: February 5, 2020
Docket Number: B290013

Justia Opinion Summary: Sun Pacific appealed the trial court's judgment after a jury awarded damages against it for injuries sustained by an employee of one of its independent contractors. The Court of Appeal held that the trial court prejudi...

California v. Mendoza  
Date: February 5, 2020
Docket Number: E071835

Justia Opinion Summary: Blanca Luna Mendoza was convicted by jury of transporting for sale more than four kilograms of cocaine based on evidence a U.S. Customs and Border Protection agent acquired after a stop on Interstate 15 in California. Me...

People v. Wear  
Date: February 4, 2020
Docket Number: A152732

Justia Opinion Summary: Wear arranged to meet an acquaintance, Rossknecht, and went to the meeting with a friend, Lowell. Wear apparently intended to buy or steal a gun from Rossknecht and possibly to supply him with heroin. The evidence sugges...

Salcido v. Superior Court of San Mateo County  
Date: February 4, 2020
Docket Number: A158016

Justia Opinion Summary: Proposition 66, the Death Penalty Reform and Savings Act of 2016, changed the procedures governing petitions for writs of habeas corpus in capital cases. It ended the practice of capital defendants initiating habeas proc...

People v. Palomar  
Date: February 3, 2020
Docket Number: B292450A

Justia Opinion Summary: On rehearing, the Court of Appeal affirmed defendant's conviction for second degree murder based on an implied malice theory. Defendant punched the victim, the victim fell and hit his head on the curb, and then defendant...

California v. Flores  
Date: February 3, 2020
Docket Number: D075826

Justia Opinion Summary: At issue before the Court of Appeal was whether an otherwise qualified person convicted of voluntary manslaughter, as opposed to murder, could invoke the resentencing provision of Senate Bill 1437 (Stats. 2018, ch. 1015....

San Francisco Print Media Co. v. The Hearst Corp.  
Date: January 31, 2020
Docket Number: A152930

Justia Opinion Summary: The San Francisco Examiner sued the San Francisco Chronicle, claiming that the defendant sold a certain type of print advertising in the Chronicle at prices that violated California’s Unfair Practices Act (UPA, Bus. & Pr...

Becerra v. Superior Court  
Date: January 30, 2020
Docket Number: A157998

Justia Opinion Summary: Plaintiffs requested from the Department of Justice all records within its possession subject to disclosure under newly-amended California Public Records Act (CPRA) (Gov. Code 6250) section 832.7, which recognizes the ri...

Jeppson v. Ley  
Date: January 30, 2020
Docket Number: B292166

Justia Opinion Summary: After defendant's dog killed plaintiff's cat, the parties settled for $2,000 and a written agreement with a non-disparagement clause. However, defendant then posted a hostile message on a neighborhood blog about plaintif...

People v. Cervantes  
Date: January 30, 2020
Docket Number: B298077

Justia Opinion Summary: Penal Code section 1170.95 applies only to murder convictions. Defendant argued that the failure to include voluntary manslaughter convictions in section 1170.95 violates his constitutional rights to equal protection and...

Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.  
Date: January 30, 2020
Docket Number: C082841

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on whether a binding arbitration clause in an insurance policy issued by plaintiff Philadelphia Indemnity Ins. Co., applied to a third party, defend...

In re Howerton  
Date: January 30, 2020
Docket Number: F076546

Justia Opinion Summary: The Court of Appeal reversed the trial court's order granting habeas relief to respondent under Penal Code section 3051. The People argued that the trial court wrongly found section 3051 applicable because respondent had...

Pacific Pioneer Ins. Co. v. Super. Ct.  
Date: January 30, 2020
Docket Number: G057326

Justia Opinion Summary: In a case of first impression, the Court of Appeal was asked to determine whether insurers have the right to appeal a small claims default judgment entered against their insureds. Vanessa Gonzalez sued Jonathan Johnson i...

People v. Winn  
Date: January 30, 2020
Docket Number: H045157A

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. The jury found true a deadly weapon enhancement. Winn admitted he had previou...

People ex rel. Lacey v. Robles  
Date: January 29, 2020
Docket Number: B290697

Justia Opinion Summary: The District Attorney sued defendant in quo warranto, contending that defendant was violating Government Code section 1099, which makes it unlawful to simultaneously hold incompatible public offices. In this case, defend...

People v. Adams  
Date: January 29, 2020
Docket Number: H045718

Justia Opinion Summary: Adams pleaded no contest to inflicting corporal injury and was placed on formal probation. Defense counsel argued Adams did not have the ability to pay fines or fees; he was homeless and did not have a job. The court did...

Brome v. California Highway Patrol  
Date: January 28, 2020
Docket Number: A154612

Justia Opinion Summary: Brome started with the California Highway Patrol in 1996; he transferred offices twice. Other officers subjected Brome, who was openly gay, to derogatory comments; singled him out for pranks; and refused to provide him w...

People v. Kerbs  
Date: January 28, 2020
Docket Number: A155126

Justia Opinion Summary: Kerbs was found not guilty by reason of insanity of assault with a deadly weapon and was committed to the state hospital system for a maximum of four years. Other than two limited periods of conditional release, his comm...

P. v. Roles
Date: January 28, 2020
Docket Number: C086645M
Thimon v. City of Newark  
Date: January 27, 2020
Docket Number: A152093

Justia Opinion Summary: Thimon, 14 years old, was crossing Cherry Street in Newark, when she was hit by a car driven by Soudachanh. Thimon was seriously injured and sued the city, asserting that the intersection lacked any mechanisms to alert a...

Fenimore v. The Regents of the University of California  
Date: January 27, 2020
Docket Number: B289797

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of plaintiff's motion for leave to amend the complaint. The court held that the foundation of the ruling was an incorrect timing computation about the statute of limi...

People v. Vasquez  
Date: January 27, 2020
Docket Number: B295698

Justia Opinion Summary: On appeal, defendant claimed that his sentence for mayhem in count 2 must be stayed under Penal Code section 654, because it was part of a continuous course of conduct and committed with the same criminal intent as the a...

California v. Cota  
Date: January 27, 2020
Docket Number: G056850

Justia Opinion Summary: Emmanuel Cota was convicted by jury of assault with a deadly weapon (count 1)1 and assault with force likely to produce great bodily injury (count 2). As to both counts, the jury also found defendant personally inflicted...

In re Q.R.  
Date: January 24, 2020
Docket Number: H043075A

Justia Opinion Summary: Minor recorded photographs and videos on his cellular phone of consensual sexual activity between himself and Jane Doe, both under 18 years old. He later extorted money from Doe by threatening to disclose the recordings...

In re J.M.  
Date: January 24, 2020
Docket Number: H046917

Justia Opinion Summary: J.M., born in 2010, suffered an accident when he was 10 months old. Since the accident J.M. has resided at Children’s Hospital, suffering from anoxic brain injury, epilepsy, developmental delays, and bone disorders. He h...

Jensen v. iShares Trust  
Date: January 23, 2020
Docket Number: A153511

Justia Opinion Summary: Investors purchased shares of BlackRock iShares Exchange-Traded Funds (ETFs) and suffered financial losses when their shares were sold pursuant to “market orders” or “stop-loss orders” during a “flash crash” in August 20...

In re A.J.  
Date: January 23, 2020
Docket Number: B297762

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's dispositional orders as to father only, entered on May 4, 2015, including the denial and termination of reunification services for father only. The court also vacated the...

Hance v. Super Store Industries  
Date: January 23, 2020
Docket Number: F075852

Justia Opinion Summary: This dispute arose between two attorneys representing the plaintiff class in an approved settlement. After the trial court made an award of attorney fees and divided the fees in accordance with the alleged fee division a...

Williams v. 21st Mortgage Corp.  
Date: January 22, 2020
Docket Number: A153307

Justia Opinion Summary: Plaintiff alleges she bought her Richmond home in 1973, refinanced her mortgage in 2005, and unsuccessfully applied for a loan modification in 2015. Plaintiff was not allowed to make payments in the interim and owed $20,...

Gibbons v. Johnson & Johnson Consumer Inc.  
Date: January 22, 2020
Docket Number: B288031

Justia Opinion Summary: Plaintiff and her spouse filed suit alleging that the Shower to Shower cosmetic powder and Johnson's Baby Powder plaintiff used for two decades were contaminated with asbestos and a substantial factor in causing her meso...

Schmidt v. Superior Court  
Date: January 22, 2020
Docket Number: B291385

Justia Opinion Summary: Plaintiffs filed suit alleging that a security guard sexually harassed them with his metal detecting wand during the courthouse entry screening process. The Court of Appeal affirmed the trial court's judgment against pla...

Hedayatzadeh v. City of Del Mar  
Date: January 22, 2020
Docket Number: D074690

Justia Opinion Summary: Farid Hedayatzadeh (Hedayatzadeh) appealed following the trial court's summary judgment in favor of the City of Del Mar (the City) in his lawsuit arising out of the death of his 19-year-old son, who was struck by a train...

Hensel Phelps Construction Co. v. Super. Ct.  
Date: January 22, 2020
Docket Number: D076264

Justia Opinion Summary: Petitioner Hensel Phelps Construction Co. (Hensel Phelps) was a defendant in construction defect litigation filed by plaintiff and real party in interest Smart Corner Owners Association (Smart Corner). Hensel Phelps move...

Roger v. County of Riverside  
Date: January 22, 2020
Docket Number: E070776

Justia Opinion Summary: Douglas Roger, an orthopedic surgeon, sued respondents Riverside County (the County) and its sheriff’s department after they falsely reported he had been charged with a felony. In an earlier civil action, the Riverside S...

Zemek v. Super. Ct.  
Date: January 22, 2020
Docket Number: E072844

Justia Opinion Summary: Sixty-nine year old Pamelia Powell had been prescribed multiple central nervous system depressants, with additive effects. In April 2016 and again in May 2016, she had to be hospitalized for overdoses. In between the two...

Techno Lite, Inc. v. Emcod, LLC  
Date: January 21, 2020
Docket Number: B284989

Justia Opinion Summary: Techno Lite filed suit against defendants, alleging claims for breach of fiduciary duty, misappropriation of trade secrets, interference with contractual relationships, intentional and negligent interference with prospec...

Gamerberg v. 3000 E. 11th Street, LLC  
Date: January 21, 2020
Docket Number: B290755

Justia Opinion Summary: The LLC, the successor in interest to the first landowner, appealed from the judgment upholding the unrecorded parking affidavit as an irrevocable license in favor of plaintiff, the successor in interest to the second pr...

California v. Yanez  
Date: January 21, 2020
Docket Number: E070556

Justia Opinion Summary: In 2015, Gilbert Lopez died from gunshot wounds following a verbal argument with defendant-appellant, Salvador Yanez IV. Defendant was charged and convicted by a jury of the second degree murder of Lopez and being a felo...

Nolte Sheet Metal v. Occupational Safety and Health Appeals Board  
Date: January 21, 2020
Docket Number: F076389

Justia Opinion Summary: The Court of Appeal affirmed the superior court's denial of administrative mandamus relief in an action stemming from the Appeals Board's decision finding that the company violated various state regulations. The court he...

In re Duval  
Date: January 21, 2020
Docket Number: G056247

Justia Opinion Summary: The State appealed an order that vacated defendant Jeffrey Duval's five-year jail sentence for a conviction to which he pled guilty to the possession for sale and transportation of methamphetamine, receiving stolen prope...

California v. Robins  
Date: January 21, 2020
Docket Number: G057291

Justia Opinion Summary: Defendant Wesley Robins was alleged to have aided and abetted in what started out as a shoplifting, but turned into an "Estes" robbery, recklessly evading authorities. He was convicted of attempted second-degree robbery...

Amezcua v. L.A. County Civil Service Commission  
Date: January 17, 2020
Docket Number: B290632

Justia Opinion Summary: The Court of Appeal affirmed the district court's judgment denying a petition for writ of mandate pursuant to Code of Civil Procedure sections 1085 and 1094.5. Plaintiff alleged that the Department improperly extended hi...

People v. Romero  
Date: January 17, 2020
Docket Number: B293965

Justia Opinion Summary: The Court of Appeal held that sufficient evidence supported defendant's conviction for mayhem where the victim's scarring from the stabbing attack constituted sufficient evidence to support defendant's conviction. The co...

People v. Villatoro  
Date: January 16, 2020
Docket Number: B296613

Justia Opinion Summary: Defendant appealed from the trial court's order imposing a $100 fine under Penal Code section 29810 for failure to complete a firearms disclosure form. The Court of Appeal reversed the order, holding that the statutory p...

California v. Humphrey  
Date: January 16, 2020
Docket Number: D074473

Justia Opinion Summary: In 2011, Dominick Humphrey pled guilty to four counts of robbery (counts 2, 3, 4 and 24). For three of these counts (counts 2, 3, and 4), Humphrey admitted that he used a deadly weapon (a knife) during the commission of...

People v. Verdugo  
Date: January 15, 2020
Docket Number: B296630

Justia Opinion Summary: The Court of Appeal rejected defendant's argument that the superior court lacked jurisdiction to deny his Penal Code section 1170.95 petition on the merits without first appointing counsel and allowing the prosecutor and...

Menezes v. McDaniel  
Date: January 15, 2020
Docket Number: D074434

Justia Opinion Summary: Following protracted postjudgment litigation over the transfer of title of real property from Natache Menezes (Wife) to Tim McDaniel (Husband), the trial court issued $200,000 in sanctions against Wife, pursuant to Famil...

P. v. Windfield
Date: January 15, 2020
Docket Number: E055062N
California v. Morales  
Date: January 15, 2020
Docket Number: E070658

Justia Opinion Summary: Defendant-appellant Hipolito Morales was charged with two counts of oral copulation or sexual penetration of a child under 10, and seven counts of committing a lewd or lascivious act on a child under 14. During his trial...

St. Myers v. Dignity Health  
Date: January 14, 2020
Docket Number: C085980

Justia Opinion Summary: Plaintiff Carla St. Myers worked as a nurse practitioner at a rural clinic that was part of a medical center owned and operated by defendant Dignity Health. During the three years she worked there, she submitted over 50...

Blizzard Energy, Inc. v. Schaefers  
Date: January 13, 2020
Docket Number: B290492

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendant's motion to (1) vacate entry of a $3.825 million Kansas judgment, and (2) post a $5,737,500 undertaking to stay enforcement of the sister-state judgm...

People v. Parker  
Date: January 13, 2020
Docket Number: B294553

Justia Opinion Summary: The treatment during an extension of a prisoner's custodial time to complete a psychiatrist's evaluation may be included in the required 90 days of treatment under the Mentally Disordered Offender Act (MDO Act). In thi...

People v. M.B.  
Date: January 13, 2020
Docket Number: B295284

Justia Opinion Summary: People v. Dueñas (2019) 30 Cal.App.5th 1157, does not apply to a mandatory minimum juvenile restitution fine. The Court of Appeal held that the trial court's order requiring M.B. to pay a $100 restitution fine does not v...

Villarreal v. Gordon  
Date: January 10, 2020
Docket Number: B291027

Justia Opinion Summary: After prevailing on a petition for writ of mandate, petitioner filed a motion for attorney fees under the private attorney general doctrine. The Court of Appeal affirmed the trial court's denial of attorney fees. The cou...

City of Huntington Beach v. Becerra  
Date: January 10, 2020
Docket Number: G057013

Justia Opinion Summary: The City of Huntington Beach filed a petition for writ of mandamus and a complaint for declaratory relief to “invalidate the unconstitutional mandates of the [CVA] that impermissibly strip the City’s constitutionally pro...

People v. Harper  
Date: January 9, 2020
Docket Number: A152284

Justia Opinion Summary: A jury found Harper (who had been charged with five codefendants) guilty of conspiracy to commit human trafficking (Pen. Code 182(a)(1), 236.1 (b) and multiple kidnapping and sex offenses. Harper argued that the conduct...

Dignity Health v. Local Initiative Health Care Authority of Los Angeles County  
Date: January 9, 2020
Docket Number: B288886

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment for defendant, a managed care health plan that provides health coverage to low-income individuals under Medi-Cal. The court held that the legisla...

Bingener v. City of Los Angeles  
Date: January 9, 2020
Docket Number: B291112

Justia Opinion Summary: An employee of the city struck and killed a pedestrian while the employee, driving his own car, was driving to work. On the day of the accident, the employee was driving to his workplace at the Hyperion Treatment Plant,...

Shayan v. Spine Care and Orthopedic Physicians  
Date: January 9, 2020
Docket Number: B293857

Justia Opinion Summary: After plaintiff filed an interpleader action to resolve claims about a disputed $19,365 sum, two claimants and defendants failed to appear after having received notice of the trial date. The trial court adjudicated the c...

P. v. Blanchard
Date: January 8, 2020
Docket Number: A156720M
Serova v. Sony Music Entertainment  
Date: January 8, 2020
Docket Number: B280526A

Justia Opinion Summary: Sony, the Estate of Michael J. Jackson, and MJJ Productions appealed from the superior court's order partially denying their motion to strike under the anti-SLAPP statute. Plaintiff alleged that defendants marketed a pos...

California v. Roles  
Date: January 8, 2020
Docket Number: C086645

Justia Opinion Summary: Defendant Bradley Roles was found guilty by jury of ten counts of making criminal threats (nine counts against Jennifer B. and one count against Heather S.), one count of stalking, and one count of making annoying phone...

O.C. v. Super. Ct.  
Date: January 8, 2020
Docket Number: G058416

Justia Opinion Summary: O.C., a 14-year-old refugee from Guatemala, asked the superior court to make the required Special immigrant juvenile findings, a necessary first step under the federal immigration law that allowed abandoned, unaccompanie...

Warwick California Corp. v. Applied Underwriters, Inc.  
Date: January 7, 2020
Docket Number: A155523

Justia Opinion Summary: Six companies affiliated with Warwick Hotels sued companies affiliated with Applied Underwriters, claiming breach of contract and fraud and unfair business practices relating to the purchase of workers’ compensation insu...

Sachs v. Sachs  
Date: January 7, 2020
Docket Number: B292747

Justia Opinion Summary: The Court of Appeal affirmed the probate court's order granting a petition for instructions allowing the trustee to treat lifetime gifts to trust beneficiaries as advances on their inheritances. The court held that Proba...

Bom v. Superior Court  
Date: January 7, 2020
Docket Number: B292788

Justia Opinion Summary: The People charged petitioners, social workers with the DCFS, with felony child abuse and falsifying public records after petitioners provided emergency and family maintenance services to a child who ended up dying six w...

People v. Venegas  
Date: January 7, 2020
Docket Number: B292976

Justia Opinion Summary: Defendants Venegas and Santana appealed their convictions and sentences related to the murder of Fabian Acevedo. The Court of Appeal rejected Venegas's claims of evidentiary errors and held that the trial court did not e...

People v. L.W.  
Date: January 7, 2020
Docket Number: B294336

Justia Opinion Summary: After L.W. was charged in a juvenile wardship petition with committing sexual battery against two minor females, the juvenile court issued temporary restraining orders against defendant as to the two alleged victims unde...

People v. Cornelius  
Date: January 7, 2020
Docket Number: B296605

Justia Opinion Summary: Defendant was convicted of second degree murder and the jury found true allegations that he personally used a firearm and that he personally and intentionally discharged a firearm causing death. After the enactment of Se...

Andrew M. v. Superior Court of Contra Costa County  
Date: January 6, 2020
Docket Number: A158129

Justia Opinion Summary: Shortly before turning 18 Andrew committed an armed robbery; his accomplice shot and killed a police officer. After his conviction, Judge Brady sentenced Andrew to life in prison without the possibility of parole (LWOP)...

People v. Taylor  
Date: January 6, 2020
Docket Number: B293881

Justia Opinion Summary: The Court of Appeal reversed defendant's conviction for kidnapping, holding that the victim's four steps backwards was merely incidental to the robbery. The court applied the two-part test for kidnapping for robbery in P...

People v. Lewis  
Date: January 6, 2020
Docket Number: B295998

Justia Opinion Summary: Defendant filed a petition for resentencing under Penal Code section 1170.95 and requested the appointment of counsel. Section 1170.95 established a procedure for vacating murder convictions that were based upon the natu...

Sturgell v. Department of Fish and Wildlife
Date: January 3, 2020
Docket Number: A154448M
Safechuck v. MJJ Productions, Inc.  
Date: January 3, 2020
Docket Numbers: B284613, B288036

Justia Opinion Summary: Wade Robson and James Safechuck filed suit against two of Michael Jackson's corporations, MJJ Productions, Inc. and MJJ Ventures, Inc., for their involvement in Jackson's alleged sexual abuse of Robson and Safechuck. Pla...

People v. Palomar  
Date: January 3, 2020
Docket Number: B292450

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of second degree murder, holding that substantial evidence supported the finding of implied malice. Defendant punched the victim who fell down and hit his head on the c...

Dalessandro v. Mitchell  
Date: January 3, 2020
Docket Number: B293472

Justia Opinion Summary: Plaintiff and his counsel appealed from a postjudgment order denying plaintiff's motion to compel the production of documents and imposing $3,456.70 in sanctions against counsel for discovery abuses. The underlying actio...

Halyard Health, Inc. v. Kimberly-Clark Corp.  
Date: January 2, 2020
Docket Number: B294567

Justia Opinion Summary: After Kimberly-Clark spun off its healthcare division to create a new Delaware company called Halyward Health, Halyward filed suit in Los Angeles Superior Court seeking a declaratory judgment that it did not have to prov...

People v. Lowery  
Date: January 2, 2020
Docket Number: F076484

Justia Opinion Summary: Defendants Lowery and Green were convicted of four counts of second degree robbery and for being felons in possession of a firearm. Lowery received an aggregate prison term of 24 years eight months; Green received an agg...

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