California Courts of Appeal Decisions 2020

Opinions 1 - 500 of 1047

In re J.E.
Date: December 31, 2020
Docket Number: A156839S
Ali v. Daylight Transport, LLC  
Date: December 31, 2020
Docket Number: A157104

Justia Opinion Summary: Daylight, an expedited less-than-truckload carrier, contracts with independent truck drivers. Daylight’s California drivers only provided services within California. The plaintiffs each entered into an “Independent Cont...

P. v. Johnson
Date: December 31, 2020
Docket Number: A158081M
Phillis v. County of Humboldt  
Date: December 31, 2020
Docket Number: A158725

Justia Opinion Summary: In 2013, Phillips purchased Humboldt County property at a public trustee sale for $153.806.41, comprising two 80-acre parcels, two miles from a public road. The terrain is mostly steep and wooded. There is a 1,508-square...

Aghaian v. Minassian  
Date: December 31, 2020
Docket Number: B300726

Justia Opinion Summary: Plaintiffs, trustees and beneficiaries of a trust established in 1982 by their now deceased parents, filed suit against Alice, Shahen, and Arthur Minassian, asserting four causes of action arising out of alleged fraudule...

City of Fresno v. Fresno Building Healthy Communities
Date: December 31, 2020
Docket Number: F080264M
Letterman Digital Arts Ltd. v. City & County of San Francisco  
Date: December 30, 2020
Docket Number: A156315

Justia Opinion Summary: The Presidio, formerly a military base, is now a National Park, within San Francisco's Golden Gate National Recreation Area. It is an exclusive federal enclave. The 1940 Buck Act (4 U.S.C. 105–110.) authorizes states and...

Alfaro v. Super. Ct.
Date: December 30, 2020
Docket Number: A159577M
Mireskandari v. Gallagher  
Date: December 30, 2020
Docket Number: D076130

Justia Opinion Summary: Plaintiff-appellant Shahrokh Mireskandari alleged four causes of action against Joseph Scoma, M.D., based on the reports and opinions Scoma provided at the request of a disciplinary tribunal in London, England, as part o...

California v. Ruiz  
Date: December 30, 2020
Docket Number: D076580

Justia Opinion Summary: Defendant-appellant Bryant Ruiz appealed the trial court’s order denying his motion to dismiss a petition to revoke parole filed by the Department of Corrections and Rehabilitation (CDCR) for lack of jurisdiction. Even t...

Yumori-Kaku v. City of Santa Clara  
Date: December 30, 2020
Docket Number: H046105

Justia Opinion Summary: Five Asian-American residents sued the City of Santa Clara (City) contending that at-large elections for the office of city council violated the California Voting Rights Act of 2001 (Elec. Code, 14025-14032). The trial c...

People v. Martinez  
Date: December 30, 2020
Docket Number: H046164

Justia Opinion Summary: A felony complaint alleged that on seven different dates in 2014, Martinez committed a felony under Insurance Code section 1814 by entering into an agreement and having an understanding with a person incarcerated in jail...

Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board  
Date: December 29, 2020
Docket Number: A157127

Justia Opinion Summary: Every 10-20 years, Berryessa Creek flooded nearby Milpitas and San Jose. The Army Corps of Engineers named the Santa Clara Valley Water District as a flood control project sponsor. The Corps was responsible for design an...

Vincent v. Sonkey  
Date: December 29, 2020
Docket Number: B293251

Justia Opinion Summary: When a plaintiff requests entry of judgment by default, a request for attorney fees must be made at the same time or the fees are forfeited. But attorney fees are not forfeited absent such request when defendant contests...

Shirvanyan v. Los Angeles Community College District  
Date: December 29, 2020
Docket Number: B296593

Justia Opinion Summary: The District appeals from a judgment following a jury verdict in favor of plaintiff, a former employee of the District, on her Fair Employment and Housing Act (FEHA) claims. Plaintiff's claims were based on the District'...

Legal Aid Society of San Mateo v. Dept. of Finance  
Date: December 29, 2020
Docket Number: C076428

Justia Opinion Summary: In 1990, as the result of a dispute involving concerns about affordable housing for clients of plaintiff Legal Aid Society of San Mateo County (LAS), plaintiff City of Redwood City (Redwood City), the former redevelopmen...

Marriage of Nevai and Klemunes  
Date: December 29, 2020
Docket Number: C086584

Justia Opinion Summary: Martha Nevai (wife) contended the trial court erred in various orders of reimbursement to the community for spending related to wife’s separate property. She also argued the trial court erred in setting spousal support a...

Marriage of Wozniak  
Date: December 29, 2020
Docket Number: D074813

Justia Opinion Summary: Anna Wozniak challenged the trial court’s characterization of a particular residence as the parties' community property. The property at issue was originally owned by Anna as her separate property, but that at some point...

Dziubla v. Piazza  
Date: December 29, 2020
Docket Number: D076183

Justia Opinion Summary: Plaintiffs-appellants Robert Dziubla and Linda Stanwood claimed defendant Ignatius Piazza II, owner of a Nevada firearms training facility, harassed and threatened them by publishing defamatory statements along with thei...

San Joaquin Regional Transit Dist. v. Superior Court  
Date: December 28, 2020
Docket Number: C084755

Justia Opinion Summary: Beginning in 2005, petitioner San Joaquin Regional Transit District (District) began discussing with real parties in interest DSS-2731 Myrtle LLC and Sardee Industries, Inc. (collectively, "Sardee") the possible acquisit...

E.P. v. Superior Court  
Date: December 28, 2020
Docket Number: C092677

Justia Opinion Summary: E.P., a minor in a juvenile delinquency proceeding, challenged a July 2020, decision by respondent Yolo County Superior Court, which denied his motion to physically appear in juvenile court in the presence of the judge a...

N.G. v. County of San Diego  
Date: December 28, 2020
Docket Number: D076539

Justia Opinion Summary: In 2018, N.G. submitted a proposed claim for damages to the County, alleging that San Diego County Deputy Sheriff Richard Fischer sexually assaulted her in 2017. N.G. acknowledged the claim was submitted 81 days after th...

Burgess v. Coronado Unified School Dist.  
Date: December 24, 2020
Docket Number: D076263

Justia Opinion Summary: News outlet Voice of San Diego (Voice) requested records from the Coronado Unified School District (District) under the California Public Records Act concerning its employee Randall Burgess, who had been the subject of u...

Menges v. Dept. of Transportation  
Date: December 24, 2020
Docket Number: G057643

Justia Opinion Summary: Kevyn Menges suffered catastrophic injuries in a motor vehicle accident. Menges, through her guardian ad litem Susan Menges, sued the Department of Transportation (Caltrans) for its negligent construction of an interstat...

Ko v. Maxim Healthcare Services, Inc.  
Date: December 23, 2020
Docket Number: B293672

Justia Opinion Summary: Plaintiffs filed suit against Maxim and Defendant Manalastas, alleging claims for negligence and negligent infliction of emotional distress (NIED) claiming that Manalastas, a vocational nurse employed by Maxim who worked...

In re A.G.
Date: December 23, 2020
Docket Number: B304063M
People v. M.C.  
Date: December 23, 2020
Docket Number: B304097

Justia Opinion Summary: Defendant appealed the trial court's decision sustaining a petition for first degree burglary with a person present, contending that the trial court erred in denying his Brady/Johnson motion for an in camera review and d...

California v. Bravo  
Date: December 23, 2020
Docket Number: E072782

Justia Opinion Summary: In 1997, defendant Estaban Zarate Bravo pleaded guilty to, and was convicted on a plea bargain agreement of: a felony violation of domestic violence (count 1) and felony violation of child cruelty (count 2). Defendant wa...

Edelweiss Fund, LLC v. JP Morgan Chase & Co.  
Date: December 22, 2020
Docket Number: A158728

Justia Opinion Summary: In 2014, Edelweiss filed under seal its qui tam complaint, seeking to recover more than $700 million in false claims allegedly paid by the state and political subdivisions. The defendants were entities involved in the ma...

People v. Brooks  
Date: December 22, 2020
Docket Number: A158988

Justia Opinion Summary: In 2007, Brooks was charged with 21 counts of robbery, with most counts carrying an enhancement for personal use of a firearm. He pled no contest to three counts of second-degree robbery, with the accompanying firearm us...

Trenk v. Soheili
Date: December 22, 2020
Docket Number: B295434M
Capra v. Capra  
Date: December 22, 2020
Docket Number: C084032

Justia Opinion Summary: Heirs contested rights to a family cabin and a federal use permit authorizing the cabin on federal land. Plaintiffs alleged the defendant was wrongfully claiming sole ownership of the cabin and permit, and was threatenin...

California v. Scott  
Date: December 22, 2020
Docket Number: E074939

Justia Opinion Summary: A decade after his conviction for attempted murder, defendant-appellant Derrick Scott filed an unsuccessful petition to set it aside under Penal Code section 1170.95. On appeal, his counsel filed a brief asserting no gro...

Sierra Club v. County of Fresno
Date: December 22, 2020
Docket Number: F079904M
Trenk v. Soheili  
Date: December 21, 2020
Docket Number: B295434

Justia Opinion Summary: Maryam Soheili and Morteza Sohyly (appellants) appeal from a judgment quieting title to a house owned by respondents Joseph and Dinah Trenk. After Sohyly filed suit against Joseph Trenk for malpractice, the parties settl...

California ex rel. Aetna Health of California Inc. v. Pain Management Specialist Medical Group  
Date: December 21, 2020
Docket Number: B299025

Justia Opinion Summary: Aetna brought a qui tam action to recover damages and fees occasioned by the surgical center's fraudulent billing practices. The trial court denied the surgical center's petition to compel arbitration of the quit tam act...

Rojas-Cifuentes v. Superior Court  
Date: December 21, 2020
Docket Number: C085463

Justia Opinion Summary: Miguel Angel Rojas-Cifuentes (Rojas) brought this representative action against his former employer, American Modular Systems, Inc. (AMS), on behalf of himself, other former and current employees of American Modular, and...

Conservatorship of Navarrete  
Date: December 21, 2020
Docket Number: E070210

Justia Opinion Summary: Anna Navarrete is the 33-year-old adult child of Maria Navarrete (mother) and Rodolfo Navarrete, Sr. (father), who had cerebral palsy and a speech disorder which limit her ability to answer questions and express her need...

Waterwood Enterprises, LLC v. City of Long Beach  
Date: December 18, 2020
Docket Number: B296830

Justia Opinion Summary: The Court of Appeal concluded that the trial court abused its discretion in finding that defendant—who lost the only cause of action in the case—was the prevailing party. The court rejected both parties' arguments based...

State Farm General Insurance Co. v. Oetiker, Inc.  
Date: December 18, 2020
Docket Number: B302348

Justia Opinion Summary: The Right To Repair Act codifies a comprehensive reform to construction defect litigation applicable to residential dwellings in California. In McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, the California S...

11 Lagunita, LLC v. California Coastal Commission  
Date: December 18, 2020
Docket Number: G058436

Justia Opinion Summary: Generally, the California Coastal Act required a Coastal Development Permit (CDP) for any development in the coastal zone. This case involved a CDP issued by the Coastal Commission in 2015 for the reinforcement of an exi...

In re A.G.  
Date: December 18, 2020
Docket Number: H047951

Justia Opinion Summary: Based on a Welfare and Institutions Code section 300(b)(1) petition, A.G, then four years old, was placed into protective custody after his mother, S.B., twice drove a car in which A.G. was a passenger while she was und...

California v. Palacios  
Date: December 17, 2020
Docket Number: E074054

Justia Opinion Summary: Senate Bill 1437, passed in 2018 and signed into law, prospectively amended the mens rea requirements for the offense of murder and restricted the circumstances under which a person can be liable for murder under the fel...

Department of Human Resources v. International Union of Operating Engineers  
Date: December 17, 2020
Docket Number: F078825

Justia Opinion Summary: The State entered into a Memorandum of Understanding (MOU) with the Union regarding terms and conditions of employment for certain state employees classified as bargaining unit 12. The State subsequently appealed the tri...

City of Fresno v. Fresno Building Healthy Communities  
Date: December 17, 2020
Docket Numbers: F080264, F080265

Justia Opinion Summary: The City filed a complaint for declaratory relief to establish whether Measure P, the Fresno Clean and Safe Neighborhood Parks Tax Ordinance, has been duly enacted through the voters' initiative power. On the same day th...

People v. Estrada  
Date: December 16, 2020
Docket Number: A160032

Justia Opinion Summary: In 1993, Estrada pled no contest to second-degree murder and admitted a deadly weapon use enhancement allegation for his use of a knife. He was sentenced to an indeterminate 15-years-to-life term for the murder plus a co...

Malek Media Group LLC v. AXQG Corp.  
Date: December 16, 2020
Docket Number: B299743

Justia Opinion Summary: The Court of Appeal affirmed a judgment confirming an arbitration award in favor of AXQG. The court denied MMG's requests for judicial notice, found MMG's arguments to be meritless, and concluded that the appeal was friv...

Davis v. Fresno Unified School Dist.
Date: December 16, 2020
Docket Number: F079811M
People v. France  
Date: December 15, 2020
Docket Number: A158609

Justia Opinion Summary: In 2018, France was charged as a felon in possession of a firearm (Penal Code section 29800(a)(1)); two prior strike allegations under sections 1170.12 and 667; and three enhancements under section 667.5(b) for having se...

Hipsher v. Los Angeles County Employees Retirement Ass'n  
Date: December 15, 2020
Docket Number: B276486A

Justia Opinion Summary: The Los Angeles County Employees Retirement Association (LACERA) reduced plaintiff's vested retirement benefits under the Public Employees' Pension Reform Act of 2013 (PEPRA), based on a determination by the County that...

Coast Hematology-Oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical Center  
Date: December 15, 2020
Docket Number: B297984

Justia Opinion Summary: Coast filed suit against Memorial, a medical group seeking to buy Coast, after negotiations between the parties failed and Memorial hired people who were already working for Coast. The trial court ultimately granted summ...

People v. Jinkins  
Date: December 15, 2020
Docket Number: B301344

Justia Opinion Summary: The Court of Appeal dismissed defendant's appeal of the trial court's order denying his motion to modify a $5,100 restitution fine imposed pursuant to Penal Code section 1202.4, subdivision (b)(1). Defendant argued that...

Garcia v. KND Development 52, LLC  
Date: December 15, 2020
Docket Number: B301929

Justia Opinion Summary: Appellants appealed the trial court's order denying their petition to compel arbitration of a lawsuit brought by respondent, individually and as successor in interest to her deceased husband, Ramiro Garcia, regarding Ram...

California v. Koenig  
Date: December 15, 2020
Docket Number: C074411

Justia Opinion Summary: James Stanley Koenig was convicted by jury on 33 counts of securities fraud, mostly involving Corporations Code section 25401, in addition to two counts of residential burglary. He was sentenced to an aggregate term of 4...

Spotlight On Coastal Corruption v. Kinsey
Date: December 15, 2020
Docket Number: D074673M
Calleros v. Rural Metro of San Diego  
Date: December 15, 2020
Docket Number: D075400

Justia Opinion Summary: Two ambulance employees filed a class action lawsuit against several ambulance entities claiming the entities violated wage and hour laws by requiring the employees to remain on call during their rest breaks. One day aft...

People v. Hester  
Date: December 14, 2020
Docket Number: B299886

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for making criminal threats in violation of Penal Code 422, subdivision (a) (count 2) and carrying a concealed dirk or dagger in violation of Penal Code section 21310 (...

People v. Yanaga  
Date: December 14, 2020
Docket Number: B302291

Justia Opinion Summary: Defendant appealed a postjudgment order denying his motion to strike a Penal Code section 12022.53 subdivision (d) firearm enhancement after the Court of Appeal remanded the matter for resentencing on the enhancement. Th...

The People v. A.G.  
Date: December 14, 2020
Docket Number: B304063

Justia Opinion Summary: Defendant, a minor high school student, made criminal threats when he posted a photo of a realistic looking replica gun on his Snapchat account, which was visible to about 60 people he identified as friends. The caption...

California v. Hines  
Date: December 14, 2020
Docket Number: E071700

Justia Opinion Summary: Defendant-appellant Brandon Hines was convicted by jury of illegally possessing firearms while out on bond, as well as spousal abuse and witness intimidation. The trial court sentenced him to 11 years 4 months in prison....

In re Parrish  
Date: December 11, 2020
Docket Number: B292582A

Justia Opinion Summary: Kaheal Jevon Parrish was sentenced to life in prison without parole for felony murder. Although he was not the shooter, Penal Code section 190.2, subdivision (d) authorized his sentence, because Parrish was a major parti...

California v. Maxwell  
Date: December 11, 2020
Docket Number: C080890

Justia Opinion Summary: Anthony Maxwell was convicted by jury of possessing methadone, drug paraphernalia, and on two occasions, possessing heroin with the intent to sell it. The trial court found true several allegations that lengthened the se...

Russell v. Man  
Date: December 11, 2020
Docket Number: E072266

Justia Opinion Summary: Cornel Man was a general contractor. With his wife Victoria, he bought a vacant lot in Big Bear Lake. Raymond and Fenella Russell owned the house next door. A “massive” pine tree stood on the property line between them....

Moore v. Super. Ct.  
Date: December 11, 2020
Docket Number: E074429

Justia Opinion Summary: Petitioner David Moore, Sr., was charged in a felony complaint with driving under the influence of alcohol, causing injury, and with driving with a blood-alcohol content of 0.08 percent or more, causing injury. The compl...

People v. Booker  
Date: December 10, 2020
Docket Number: B295128

Justia Opinion Summary: Defendants Booker and Lewis appealed from judgments of conviction entered after a jury trial for first degree murder; attempted willful, deliberate, and premeditated murder; and shooting at an occupied vehicle. In the...

In re Edgerrin J.
Date: December 10, 2020
Docket Number: D076461M
Malaga County Water District v. Central Valley Regional Water Quality Control Board  
Date: December 10, 2020
Docket Number: F075851

Justia Opinion Summary: This is one of several cases involving disputes between Malaga and the agencies involved in issuing and enforcing the permits necessary for Malaga to operate its waste treatment facility. In this case, Malaga wanted a wa...

Malaga County Water District v. State Water Resources Control Board  
Date: December 10, 2020
Docket Number: F075868

Justia Opinion Summary: This is one of several cases involving disputes between Malaga and the agencies involved in issuing and enforcing the permits necessary for Malaga to operate its waste treatment facility. In this case, the Water Quality...

Malaga County Water District v. Central Valley Regional Water Quality Control Board  
Date: December 10, 2020
Docket Number: F078327

Justia Opinion Summary: This is one of several cases involving disputes between Malaga and the agencies involved in issuing and enforcing the permits necessary for Malaga to operate its waste treatment facility. In 2016, the Water Quality Board...

People v. Azcona  
Date: December 10, 2020
Docket Number: H045676

Justia Opinion Summary: Azcona fired multiple shots at a man sitting on a porch, hitting the victim in the arm, while riding past on a bicycle. Police recovered 13 nine-millimeter casings from the scene. Two weeks later, Robles was a passenger...

People v. Johnson  
Date: December 9, 2020
Docket Number: A158081

Justia Opinion Summary: In 2006, Johnson was convicted of receiving stolen property. He was released on a three-year parole term in June 2007. In August 2007, he was convicted of grand theft and possession of controlled substances for sale. Th...

Alfaro v. Superior Court  
Date: December 9, 2020
Docket Number: A159577

Justia Opinion Summary: California jurors “shall be selected at random, from a source or sources inclusive of a representative cross-section of the population of the area served by the court,” Code Civil Procedure, 197(a). “The list of register...

Phelan Piñon Hills Community Services District v. California Water Service Co.  
Date: December 9, 2020
Docket Number: F082094

Justia Opinion Summary: The Antelope Valley Groundwater Cases (AVGC) proceeding litigated whether the water supply from natural and imported sources, which replenishes an alluvial basin from which numerous parties pumped water, was inadequate t...

People v. Mackreth  
Date: December 9, 2020
Docket Number: H046266

Justia Opinion Summary: Ward called 911 and reported that she “run off the road.” Sunnyvale Officer Meyer responded outside a store and spoke to Ward and Megoloff, a bystander. Megoloff said: “The guy ran in the store and was stuffing all ki...

Communities for a Better Environment v. Energy Resources etc.
Date: December 8, 2020
Docket Number: A157299N
P. v. Shelp
Date: December 8, 2020
Docket Number: B298753M
In re T.G.  
Date: December 8, 2020
Docket Numbers: B303987, B304055

Justia Opinion Summary: At issue in these two appeals is whether the juvenile court and the Los Angeles County Department of Children and Family Services complied with their duties of inquiry and notice under the Indian Child Welfare Act of 197...

People v. The North River Insurance Co.  
Date: December 8, 2020
Docket Number: F080749

Justia Opinion Summary: After Surety posted a bail bond for the release of a criminal defendant, he failed to appear for a scheduled hearing and the trial court ordered bail forfeited, later entering summary judgment on the bond. Surety contend...

Kao v. Joy Holiday  
Date: December 7, 2020
Docket Number: A157886

Justia Opinion Summary: The appellants owned Joy Holiday, a travel company operating bus tours for Chinese-speaking travelers. In 2009, Kao, a Taiwanese national, came to the U.S. after accepting a job offer from Joy. Joy filed an H-1B visa ap...

Gulf Offshore Logistics, LLC v. Superior Court  
Date: December 7, 2020
Docket Number: B298318A

Justia Opinion Summary: The Supreme Court remanded to the Court of Appeal for reconsideration of its opinion in light of Ward v. United Airlines, Inc. (2020) 9 Cal.5th 732, and Oman v. Delta Air Lines, Inc. (2020) 9 Cal.5th 762. In the prior op...

Prang v. Amen  
Date: December 7, 2020
Docket Number: B298794

Justia Opinion Summary: The trustees of the Amen Family 1990 Revocable Trust challenge the Assessor's reassessment of property the Trust received from a corporation that the Trust had partially owned. Although there were at least five owners of...

People v. Rodriguez  
Date: December 7, 2020
Docket Number: B303099

Justia Opinion Summary: Penal Code section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law to establish a petitioner's ineligibility for relief under that statut...

Sandoval-Ryan v. Oleander Holdings  
Date: December 7, 2020
Docket Number: C089486

Justia Opinion Summary: Plaintiff Anna Sandoval-Ryan signed admission documents on behalf of her brother, Jesus Sandoval, following his admission to Sacramento Post-Acute (Post- Acute), a skilled nursing facility owned by Oleander Holdings, LLC...

347 Group, Inc. v. Philip Hawkins Architect, Inc.  
Date: December 7, 2020
Docket Number: C091273

Justia Opinion Summary: Plaintiff 347 Group, Inc. (347 Group) sued and obtained a default judgment against defendant Philip Hawkins Architect, Inc. (Architect, Inc.) for breach of contract. Defendants Philip Hawkins, as an individual, and Desig...

California v. Martin  
Date: December 7, 2020
Docket Number: E074315

Justia Opinion Summary: The Court of Appeal held in California v. Schaffer, 53 Cal.App.5th 500 (2020) that a parolee exposed to a 180-day jail term for a parole violation resulting from non-criminal conduct was not entitled, under United States...

People v. Joaquin  
Date: December 4, 2020
Docket Number: A152786A

Justia Opinion Summary: In March 2017, Joaquin fired a shotgun at the victim. He was charged with premeditated attempted murder with an allegation that he personally and intentionally discharged a firearm, possessing a firearm having been previ...

Szarowicz v. Birenbaum  
Date: December 4, 2020
Docket Number: A156312

Justia Opinion Summary: Szarowicz and Birenbaum played on opposing recreational ice hockey teams in a no-check league. When the puck was hit laterally toward the players’ bench. Szarowicz followed the puck; Birenbaum, who was defending the goal...

Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.  
Date: December 4, 2020
Docket Number: B292863

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying a petition to compel arbitration and awarding attorney fees to respondent. The court held that the trial court could reasonably determine that there was no agr...

Hildebrandt v. Staples the Office Superstore, LLC  
Date: December 4, 2020
Docket Number: B294642

Justia Opinion Summary: Plaintiff appealed the trial court's grant of summary judgment in favor of Staples. The Court of Appeal held that the trial court erred in applying the class action tolling rules articulated in Jolly v. Eli Lilly & Co. (...

People v. Abbate  
Date: December 3, 2020
Docket Number: A152421

Justia Opinion Summary: Abbate was convicted of second-degree murder, conspiracy to commit a felony by active street gang participants, and being a felon in possession of a firearm. The court of appeal remanded to allow the trial court an oppor...

Humphreville v. City of Los Angeles  
Date: December 3, 2020
Docket Number: B299132

Justia Opinion Summary: A city-owned utility charges rates to its customers that do not "exceed the reasonable costs" of providing the utility service, but at the end of each fiscal year, the city routinely invokes its power under the city's ch...

Conservatorship of O.B.  
Date: December 2, 2020
Docket Number: B290805A

Justia Opinion Summary: In Conservatorship of O.B. (2020) 9 Cal.5th 989, 1012, the California Supreme Court reversed the judgment rendered in the Court of Appeal's prior opinion filed on February 26, 2019, remanding with directions to reevaluat...

Kwan Software Engineering, Inc. v. Hennings  
Date: December 2, 2020
Docket Number: H042715

Justia Opinion Summary: VeriPic, and its CEO, Kwan, sued a competitor, Foray, and affiliated individuals, including Foray’s president, Hennings, alleging business disparagement. Before trial, Foray and Hennings moved for sanctions against the...

P. v. Johnson
Date: December 1, 2020
Docket Number: B299044M
Prescription Opioid Cases
Date: December 1, 2020
Docket Number: B302241M
In re D.H.  
Date: December 1, 2020
Docket Number: E074178

Justia Opinion Summary: Defendant-appellant D.H. (minor) had a history of defiant and criminal behavior, resulting in him being placed on formal probation in two juvenile delinquency matters. Throughout his probationary period, D.H. violated th...

Ventura Coastal, LLC v. Occupational Safety & Health Appeals Board  
Date: December 1, 2020
Docket Number: F077267

Justia Opinion Summary: After the Division issued a citation to an employer, the citation was upheld by the hearing officer and, on reconsideration, by the Occupational Safety and Health Appeals Board. The employer then filed a second petition...

People v. Griffin  
Date: November 30, 2020
Docket Number: A159104

Justia Opinion Summary: A 2018 complaint charged Griffin with possession of methamphetamine for sale, possession of materials with the intent to make an explosive, and possession of ammunition by a prohibited person. A 2019 complaint charged en...

People v. Avila  
Date: November 30, 2020
Docket Number: B294632

Justia Opinion Summary: Defendant appealed his conviction for attempted robbery and attempted extortion, and his sentence of 25 years to life plus 14 years. In the published portion of the opinion, the Court of Appeal found that the trial court...

Sabetian v. Exxon Mobile Corp.  
Date: November 30, 2020
Docket Number: B297107

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of summary judgment in favor of Chevron and Exxon in an action brought by plaintiff on behalf of her deceased husband, in an action alleging claims for negligence, pre...

Center Healthcare Ed. & Res. v. Internat. Cong. Joint Reconst.  
Date: November 30, 2020
Docket Number: D076513

Justia Opinion Summary: In 2009, the president of the International Congress for Joint Reconstruction, Inc. (ICJR) retained Mark Sacaris, part owner of the Center for Healthcare Education and Research, Inc. (CHE), to assist ICJR in producing me...

Prescription Opioid Cases  
Date: November 25, 2020
Docket Number: B302241

Justia Opinion Summary: The Court of Appeal held that Code of Civil Procedure section 170.6 authorizes only one judicial peremptory challenge for each side in a Judicial Council Coordination Proceeding under rule 3.516 of the California Rules o...

In re Canady  
Date: November 25, 2020
Docket Number: C089363

Justia Opinion Summary: Macanthony Canady petitioned the superior court for a writ of habeas corpus seeking early parole consideration under Proposition 57. He asserted the California Department of Corrections and Rehabilitation’s (Department)...

Villafana v. County of San Diego  
Date: November 25, 2020
Docket Number: D076120

Justia Opinion Summary: Plaintiffs filed suit alleging discrimination under Government Code section 11135 based on a requirement that all San Diego County applicants eligible for the state's CalWORKs (welfare) program participate in a home visi...

People v. Hall  
Date: November 24, 2020
Docket Number: A157868

Justia Opinion Summary: When Hall was pulled over for a vehicle equipment violation in 2018, a police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Based on this observation, two police officers searched...

Foroudi v. The Aerospace Corp.  
Date: November 24, 2020
Docket Number: B291302

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment denying plaintiff's request for leave to amend and granting Aerospace's motion for summary judgment, in an action alleging that plaintiff was selected for a company...

In re Christopher L.
Date: November 24, 2020
Docket Number: B305225N
Garcia v. D/AQ Corp.  
Date: November 24, 2020
Docket Number: B305555

Justia Opinion Summary: Plaintiff, the lessee under a lease for commercial premises, filed suit against defendants, alleging causes of action for premises liability and negligence after he fell down a staircase after hitting his head on a beam...

Spotlight on Coastal Corruption v. Kinsey  
Date: November 24, 2020
Docket Number: D074673

Justia Opinion Summary: Defendants, who at the time of trial were current or former California Coastal Commissioners (Commissioners), appealed a nearly $1 million judgment after the court found they violated statutes requiring disclosure of cer...

California v. Gonzalez  
Date: November 24, 2020
Docket Number: D077208

Justia Opinion Summary: In May 2014, George Gonzalez pled guilty to two misdemeanor counts of using his premises without a permit or variance, and one count of maintaining an unauthorized encroachment. The trial court placed Gonzalez on probati...

Davis v. Fresno Unified School District  
Date: November 24, 2020
Docket Number: F079811

Justia Opinion Summary: Plaintiff filed suit against Fresno Unified and the Contractor, alleging that they violated California's competitive bidding requirements, the statutory and common law rules governing conflicts of interest, and Education...

Sierra Club v. County of Fresno  
Date: November 24, 2020
Docket Number: F079904

Justia Opinion Summary: This appeal involves the application of the California Environmental Quality Act (CEQA) to a proposed master-planned community. In the published portion of this opinion, the Court of Appeal provided two alternate grounds...

Noergaard v. Noergaard  
Date: November 24, 2020
Docket Number: G057332

Justia Opinion Summary: In this opinion, the Court of Appeal addressed three consolidated appeals relating to a judgment for the return of a child in an international custody dispute. This case was retried after the Court reversed an earlier ju...

In re Haynes  
Date: November 24, 2020
Docket Number: G057671

Justia Opinion Summary: After being informed he was not eligible for early parole consideration, Luther Haynes filed a petition for habeas corpus, alleging he was unlawfully precluded from Proposition 57 parole consideration because of his stat...

St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.  
Date: November 23, 2020
Docket Number: A156085

Justia Opinion Summary: The Church experienced water damage 57 days after escrow closed on a residence it had purchased; its insurance broker, SBC, had procured commercial property insurance for the residence with Philadelphia Indemnity. Philad...

Communities for a Better Environment v. Energy Resources etc.
Date: November 23, 2020
Docket Number: A157299M
P. v. Uber Technologies, Inc.
Date: November 23, 2020
Docket Number: A160701M
Communities for a Better Environment v. Energy Resources Conservation & Development Commission  
Date: November 20, 2020
Docket Number: A157299

Justia Opinion Summary: Environmental groups challenged the constitutionality of Public Resources Code section 25531, which limits judicial review of decisions by the Energy Resources Conservation and Development Commission on the siting of the...

People v. Daniel  
Date: November 20, 2020
Docket Number: A157422

Justia Opinion Summary: In 2015, a jury convicted Daniel of second-degree murder in the death of his girlfriend. He was sentenced to 15 years to life in prison. In 2018, Senate Bill 1437 altered liability for murder under the theories of felony...

People v. Williams  
Date: November 20, 2020
Docket Number: A157917

Justia Opinion Summary: In 1969, then 20-year old Williams and two juveniles committed an attempted robbery of a milkman; the milkman was fatally shot. Williams was convicted of first-degree murder. The court noted that the overwhelming evidenc...

State Lands Commission v. Plains Pipeline, L.P.
Date: November 20, 2020
Docket Number: B295632M
People v. Shelp  
Date: November 20, 2020
Docket Number: B298753

Justia Opinion Summary: The Court of Appeal held that custody credits do not accrue with each Post Release Community Supervision (PRCS) flash incarceration or jail sanction, thereby shortening the PRCS three-year supervision period. The court s...

Triyar Hospitality Management v. WSI (II) – HWP, LLC  
Date: November 20, 2020
Docket Number: B301158

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order amending a judgment to add alter ego judgment debtors. After Triyar entered into a contract to purchase a hotel property from WSI, Triyar filed suit against WSI for ca...

Mahon v. City of San Diego  
Date: November 20, 2020
Docket Number: D074877

Justia Opinion Summary: Proposition 218, the Right to Vote on Taxes Act, generally required local governments obtain voter approval prior to imposing taxes. Plaintiffs Jess Willard Mahon, Jr. and Allan Randall brought this certified class actio...

In re Edgerrin J.  
Date: November 20, 2020
Docket Number: D076461

Justia Opinion Summary: After receiving a citizen’s tip that Black males in a Mercedes were “acting shady,” four San Diego Police Department (SDPD) officers drove to the scene in two marked vehicles, activating emergency lights in one. Parking...

Big Lots Stores v. Super. Ct.  
Date: November 20, 2020
Docket Number: D077486

Justia Opinion Summary: In this case, the real parties in interest and plaintiffs were former store managers for petitioner-defendant Big Lots Inc., who claimed they spent less than 50 percent of their worktime on managerial tasks and, as a res...

Coughenour v. Del Taco  
Date: November 20, 2020
Docket Number: E072772

Justia Opinion Summary: Plaintiff-respondent Sarah Coughenour worked for defendant-appellant Del Taco, LLC, starting when she was 16 years old. When she was first employed by Del Taco, she signed a “Mutual Agreement to Arbitrate” (Agreement). A...

Cornerstone Realty Advisors, LLC v. Summit Healthcare etc.
Date: November 20, 2020
Docket Number: G057176N
Marriage of Sawyer  
Date: November 20, 2020
Docket Number: H046558

Justia Opinion Summary: In 2001, a Minnesota state court ordered James to pay $89,582.15 in child support arrears to his ex-wife, Rosemary, for their two children. James was then living in California. In 2005 the Minnesota order was registered...

State Lands Commission v. Plains Pipeline, L.P.  
Date: November 19, 2020
Docket Number: B295632

Justia Opinion Summary: The California State Lands Commission and Aspen American Insurance Company filed suit against Plains Pipeline and its affiliate, alleging that when Plains's negligent maintenance of a pipeline resulted in disrupting the...

People v. Swanson  
Date: November 19, 2020
Docket Number: B299638

Justia Opinion Summary: After defendant was convicted of first degree murder under the provocative act doctrine, he filed a petition in the superior court under Penal Code section 1170.95, which permits a defendant convicted of murder under the...

People v. Superior Court (Cal Cartage Transportation Express, LLC)  
Date: November 19, 2020
Docket Number: B304240

Justia Opinion Summary: The Court of Appeal held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt application of California's ABC test, originally set forth in Dynamex Operations W. v. Superior Court (...

California v. Gallo  
Date: November 19, 2020
Docket Number: E074674

Justia Opinion Summary: Defendant-appellant Gerard Gallo was charged by information with elder abuse under Penal Code section 368(b)(1) (count 1) and murder under section 187(a) (count 2). He was convicted by jury as charged, for which the tria...

Reuter v. Macal  
Date: November 18, 2020
Docket Number: B298265

Justia Opinion Summary: After plaintiff executed a deed granting defendant a joint interest in his condominium, plaintiff filed suit years later seeking quiet title to the condominium in his favor. Plaintiff argued, among other things, that the...

People v. Braud
Date: November 17, 2020
Docket Number: A158186M
Los Angeles Unified School District v. Torres Construction Corp.  
Date: November 17, 2020
Docket Number: B291940

Justia Opinion Summary: This appeal stemmed from the school district's action against defendants for breach of contract arising out of the renovation of school cafeterias. The school district ultimately prevailed on its claims for breach of con...

Ortega v. Johnson  
Date: November 17, 2020
Docket Number: B300321

Justia Opinion Summary: The Court of Appeal held that a DSS regulation, Manual of Policies and Procedures (MPP) section 63-603, which addresses replacement issuances of benefits (formerly known as food stamps) under California's CalFresh progr...

California v. Roseberry  
Date: November 17, 2020
Docket Number: C092118

Justia Opinion Summary: In June 2015, defendant William Roseberry began serving a five-year term in state prison for willfully inflicting corporal injury on a spouse or cohabitant. While serving that time, defendant brought a controlled substan...

Jones v. Goodman  
Date: November 17, 2020
Docket Number: D075907

Justia Opinion Summary: Trevor Jones contended he was entitled to a percentage of the successful Pura Vida bracelet business established with his former friends and colleagues, defendants Paul Goodman and Griffin Thall. He claimed the parties h...

Menifee v. Super. Ct.
Date: November 17, 2020
Docket Number: H047473M
People v. Bankers Insurance Co.  
Date: November 16, 2020
Docket Number: A157152

Justia Opinion Summary: Bankers posted a bond for the release of Al-Zetawi, who was in custody on felony animal-cruelty charges. Al-Zetawi did not execute a waiver of his right to personally attend all proceedings. He appeared at nine proceedin...

In re Williams  
Date: November 16, 2020
Docket Number: B303744

Justia Opinion Summary: Petitioner filed a petition for writ of habeas corpus, asserting that the denial of a youth offender parole hearing under Penal Code section 3051 violates his right to equal protection of the laws and constitutes cruel a...

County of Monterey v. Bosler  
Date: November 16, 2020
Docket Number: C085041

Justia Opinion Summary: Plaintiff County of Monterey (County) appealed when the trial court denied its petition for writ of mandate and complaint for declaratory and injunctive relief. The County was the successor agency for its former redevelo...

Moore v. Superior Court  
Date: November 16, 2020
Docket Number: G058609

Justia Opinion Summary: While representing a client at a mandatory settlement conference (MSC) before a temporary judge, petitioner Kevin Moore was rude and unprofessional. Among other things, Moore: (1) persistently yelled at and interrupted o...

People v. Lopez  
Date: November 16, 2020
Docket Number: H046618

Justia Opinion Summary: Lopez pleaded guilty in 2011 to transporting a controlled substance (Health & Saf. Code, 11352(a)), a felony. Lopez was granted probation, which he violated in 2014; the court terminated probation and imposed an eight-mo...

Brennon B. v. Superior Court  
Date: November 13, 2020
Docket Number: A157026

Justia Opinion Summary: The court of appeal upheld the dismissal of a claim against a school district under the Unruh Civil Rights Act (Civ. Code 51), A school district is not a business establishment and cannot be sued under the Unruh Act eve...

Menifee v. Superior Court  
Date: November 13, 2020
Docket Number: H047473

Justia Opinion Summary: Menifee and his codefendants were charged, based on a 2013 home invasion robbery, with first-degree robbery within an inhabited place acting in concert; attempted first-degree robbery within an inhabited place acting in...

In re Christopher L.
Date: November 12, 2020
Docket Number: B305225M
California v. Grant  
Date: November 12, 2020
Docket Number: D076576

Justia Opinion Summary: Defendant Kenneth Grant admittedly stole merchandise from a Wilsons Leather outlet store. Everything there was sold at a discount (as evidenced by a “comparable value” the store displays on tags attached to each product)...

People v. Valencia Baltazar  
Date: November 12, 2020
Docket Number: F078219

Justia Opinion Summary: Senate Bill No. 620 gave trial courts previously unavailable discretion to strike or dismiss firearm enhancements otherwise required to be imposed by Penal Code sections 12022.5 and 12022.53. There is no dispute that the...

Brown v. TGS Management Co., LLC  
Date: November 12, 2020
Docket Number: G058323

Justia Opinion Summary: Plaintiff Richard Brown appealed a judgment confirming an arbitration award in favor of defendant TGS Management Company (TGS) in an employment contract dispute. The specific statutory right at issue in the underlying di...

American Chemistry Council v. Office of Environmental Health etc.
Date: November 10, 2020
Docket Number: C079078M
People v. O'Hearn  
Date: November 9, 2020
Docket Number: A158676

Justia Opinion Summary: Police responding to a report of O’Hearn acting erratically had previously dealt with him. They suspected O’Hearn had “mental health issues” but, after he threatened to kill his neighbors, they arrested O’Hearn for makin...

People v. Falcon  
Date: November 9, 2020
Docket Number: B296392

Justia Opinion Summary: The Court of Appeal affirmed the denial of defendant's petition seeking resentencing under Senate Bill 1437 under the theory that he entered a plea of no contest to avoid a conviction of first or second degree murder und...

People v. Johnson  
Date: November 9, 2020
Docket Numbers: B299044, B302697

Justia Opinion Summary: The Court of Appeal consolidated these cases and affirmed the orders denying defendants' petitions to vacate their first degree murder convictions and obtain resentencing under Senate Bill No. 1437, which added Penal Cod...

Cruz v. Fusion Buffet, Inc.  
Date: November 9, 2020
Docket Number: D075479

Justia Opinion Summary: Defendants Fusion Buffet, Inc., Xiao Yan Chen, and Zhao Jia Lin appealed postjudgment orders of the trial court regarding attorney fees and costs. Cruz was employed as a server at the Great Plaza Buffet restaurant, which...

Semprini v. Wedbush Securities, Inc.  
Date: November 9, 2020
Docket Number: G057740

Justia Opinion Summary: Defendant Wedbush Securities, Inc. (Wedbush) was a securities broker-dealer firm that provided financial planning and investment products through its financial advisors. It classified its California financial advisors as...

Kevin P. v. Superior Court  
Date: November 6, 2020
Docket Number: A159680

Justia Opinion Summary: Kevin was charged in juvenile court with a murder he allegedly committed at age 17. A contested hearing under Welfare and Institutions Code section 707(a)(1) lasted several days. The juvenile court was presented with ev...

P. v. Wilson
Date: November 6, 2020
Docket Number: D074992M
Quidel Corporation v. Super. Ct.  
Date: November 6, 2020
Docket Number: D075217A

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

P. v. Son
Date: November 6, 2020
Docket Number: G057657M
Levy v. Only Cremations for Pets, Inc.  
Date: November 6, 2020
Docket Number: G057888

Justia Opinion Summary: Plaintiffs Hillarie and Keith Levy appealed the dismissal of their lawsuit filed against defendant, Only Cremations for Pets, Inc. Plaintiffs alleged it agreed to cremate individually two of their dogs, but then intentio...

AMCAL Chico LLC v. Chico Unified School Dist.  
Date: November 5, 2020
Docket Number: C087700

Justia Opinion Summary: Plaintiff AMCAL Chico, LLC (AMCAL) constructed a dormitory complex that would house unmarried university students within the boundaries of defendant Chico Unified School District (the District). The District imposed scho...

California v. Lamoureux  
Date: November 5, 2020
Docket Number: D077361

Justia Opinion Summary: Defendant Patty Ann Lamoureux was convicted by jury for felony murder. The trial court vacated the conviction and resentenced her under Penal Code section 1170.95, the resentencing provision of Senate Bill No. 1437 (2017...

People v. Armando Garcia  
Date: November 4, 2020
Docket Number: B300163

Justia Opinion Summary: In determining whether a petitioner has made a prima facie showing of entitlement to relief under Penal Code section 1170.95, the courts should not ignore the evidence in the record of conviction that shows the petitione...

Cornerstone Realty Advisors, LLC v. Summit Healthcare etc.
Date: November 4, 2020
Docket Number: G057176M
Swain v. LaserAway Medical Group, Inc.  
Date: November 3, 2020
Docket Number: B294975

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of LaserAway's petition to compel arbitration of an action brought by plaintiff, alleging that she suffered skin injuries as a result of laser hair removal treatment...

Yazdi v. Dental Board of California  
Date: November 3, 2020
Docket Number: B298130

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of appellant's petition for writ of administrative mandate under Code of Civil Procedure section 1094.5. The trial court affirmed the Dental Board's decision to revok...

People v. Nunez  
Date: November 3, 2020
Docket Number: B299065

Justia Opinion Summary: The Court of Appeal affirmed the summary denial of a petition for resentencing under Penal Code section 1170.95. The panel held that, in order to make the initial prima facie showing under subdivision (c) of section 1170...

Y.A. v. S.A.  
Date: November 3, 2020
Docket Number: B302038

Justia Opinion Summary: The Court of Appeal affirmed the reappointment of S.A.'s conservator under the Lanterman-Petris-Short Act and the trial court's order that she can be medicated against her will. The court held that substantial evidence s...

Changsha Metro Group Co. v. Xufeng  
Date: November 3, 2020
Docket Number: E073322A

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). Changsha sued defendants for: (1) breach of fiduciary duty; (2) constructiv...

McCluskey v. Henry  
Date: November 2, 2020
Docket Number: A158851

Justia Opinion Summary: McCluskey sought damages for the termination of her Airbnb account, alleging intentional infliction of emotional distress. The court granted a motion to stay the action and compel arbitration under the contract between M...

Manson Construction Co. v. County of Contra Costa  
Date: November 2, 2020
Docket Number: A159144

Justia Opinion Summary: Manson owns heavy marine construction and dredging equipment, including 60 specialized vessels and over 50 barges. After the Contra Costa County Assessor’s Office assessed property taxes on the value of Manson’s vessels...

In re Christopher L.  
Date: November 2, 2020
Docket Number: B305225

Justia Opinion Summary: Father appealed the termination of his parental rights at a Welfare and Institutions Code section 366.26 permanency planning hearing. Although the Court of Appeal was troubled by the errors father identifies in connectio...

California v. Winkler  
Date: November 2, 2020
Docket Number: C077992

Justia Opinion Summary: Defendant Todd Winkler killed his third wife (the victim) by stabbing her in the neck, severing her jugular vein. She had been having an extramarital affair and was planning to divorce defendant. Defendant did not deny k...

California v. Stockman  
Date: November 2, 2020
Docket Number: E073190

Justia Opinion Summary: The issue this appeal presented for the Court of Appeal's review related to the model jury instructions for driving under the influence (DUI) causing injury (Veh. Code, sec. 23153 (a)), and its lesser included offense of...

People v. Reyes  
Date: October 30, 2020
Docket Number: A158095

Justia Opinion Summary: Reyes, a deputy public defender who began practicing law less than three years ago, was charged with witness tampering under Penal Code section 136.1(b)(1), which proscribes an attempt to dissuade any victim of or witnes...

People v. Braud  
Date: October 30, 2020
Docket Number: A158186

Justia Opinion Summary: Braud was convicted of unlawful possession of a firearm. Braud’s sentence was deemed served and he was immediately released on post-release supervision. His three-year period of supervision was originally scheduled to en...

Hoffman v. Young  
Date: October 30, 2020
Docket Number: B292539

Justia Opinion Summary: Where, as here, a child of the landowner is living with the landowner on the landowner's property and the landowner has consented to this living arrangement, the child's express invitation of a person to come onto the pr...

Niedermeier v. FCA US LLC  
Date: October 30, 2020
Docket Number: B293960

Justia Opinion Summary: After plaintiff filed suit under the Song-Beverly Consumer Warranty Act, commonly known as the "lemon law," the jury awarded her the full purchase price of her defective vehicle, offset by mileage accrued before she firs...

People v. Roldan  
Date: October 30, 2020
Docket Number: B298570

Justia Opinion Summary: The Court of Appeal affirmed the superior court's denial of defendant's petition for resentencing under Penal Code section 1170.95 and request for the appointment of counsel. Defendant was convicted of second degree murd...

California v. Kruse  
Date: October 30, 2020
Docket Number: D077038

Justia Opinion Summary: A jury convicted Cody Kruse of: making a criminal threat (count 1); attempting to deter or prevent an executive officer from lawful performance of his duties by means of violence or threat of violence (count 2); and poss...

Pinto Lake MHP LLC v. County of Santa Cruz  
Date: October 30, 2020
Docket Number: H045757

Justia Opinion Summary: Under the Santa Cruz Mobilehome Ordinance, a park owner may make an annual general rent adjustment without notice to the county, based on specified criteria. An owner who believes the annual adjustment does not provide f...

People v. Lopez  
Date: October 30, 2020
Docket Number: H047254

Justia Opinion Summary: In 2014, Lopez was convicted of second-degree murder under a natural and probable consequences theory, Later, Senate Bill 1437 amended the natural and probable consequences doctrine as related to murder and enacted Pena...

Olson v. Lyft, Inc.  
Date: October 29, 2020
Docket Number: A156322

Justia Opinion Summary: Olson is a driver for Lyft, whose terms of service include an agreement he could not bring a Private Attorney General Act (PAGA), Labor Code 2698, claim in court, and that disputes with Lyft must be resolved by individua...

People v. Lopez  
Date: October 29, 2020
Docket Number: A158840

Justia Opinion Summary: In 2009, Lopez was convicted in criminal court of murder and related charges based on his actions at age 17. In 2019, the court recalled his sentence and resentenced him under Penal Code section 1170(d)(1) to remove a g...

Deiro v. L.A. County Civil Service Commission  
Date: October 29, 2020
Docket Number: B296926

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of a writ of mandate to compel the Civil Service Commission to complete a deputy sheriff's administrative appeal. The court held that a deputy sheriff who has obtaine...

Levine v. Berschneider  
Date: October 29, 2020
Docket Number: B300824

Justia Opinion Summary: John B. Richards, an attorney, appeals from the trial court's order finding him in contempt and the order to pay monetary sanctions for his lack of candor with the trial court about the fact that settlement funds had bee...

Arrow Highway Steel, Inc. v. Dubin  
Date: October 29, 2020
Docket Number: B303289

Justia Opinion Summary: The Court of Appeal held that Code of Civil Procedure section 351 impermissibly burdens interstate commerce, and thus the dormant Commerce Clause, when it is used to toll the statute of limitations against a judgment deb...

California v. Pack-Ramirez  
Date: October 29, 2020
Docket Number: C089368

Justia Opinion Summary: Defendant Reffiglia Lorraine Pack-Ramirez pled no contest to a felony count of identifying information theft with a prior. The court sentenced defendant to the upper term of 3 years in county jail. The court also ordered...

Luxury Asset Lending v. Philadelphia Television Network  
Date: October 29, 2020
Docket Number: G057766

Justia Opinion Summary: Two powerful friends decided to take out significant loans in order to invest in a purported business opportunity overseas. The business opportunity was in reality, a scam. The friends offered as collateral assets which...

P. v. Zorich
Date: October 29, 2020
Docket Number: G058222M
P. v. Ruiz
Date: October 28, 2020
Docket Number: A153135A
County of Sonoma v. Quail
Date: October 28, 2020
Docket Number: A155837M
Midwest Motor Supply Co. v. Superior Court  
Date: October 28, 2020
Docket Number: A160096

Justia Opinion Summary: Finch began his employment with Midwest in 2014. His employment agreement stated: “This Agreement shall be construed in accordance with Ohio Law" and that any litigation "must be venued in Franklin County, Ohio.” In 2016...

Miles v. City of Los Angeles  
Date: October 28, 2020
Docket Number: B299765

Justia Opinion Summary: Plaintiffs, wastewater collection workers employed by the city to clean its sewers, filed suit alleging that they worked in the transportation industry and the city denied them meal and rest breaks mandated by Industrial...

In re D.N.  
Date: October 28, 2020
Docket Number: B302910

Justia Opinion Summary: The Court of Appeal held that father's failure to reunify with D.N. was due solely to poverty, and terminating reunification services for father was not in D.N.'s best interests. The court also held that these errors cau...

Auburn Woods I Homeowners Assn. v. State Farm General Ins. Co.  
Date: October 28, 2020
Docket Number: C085749

Justia Opinion Summary: Auburn Woods I Homeowners Association (HOA) and its property manager Frei Real Estate Services (FRES), tendered the defense of two lawsuits filed against them by a member of HOA under HOA’s condominium/association policy...

Cornerstone Realty Advisors, LLC v. Summit Healthcare etc.  
Date: October 28, 2020
Docket Number: G057176

Justia Opinion Summary: Plaintiffs-Respondents were Cornerstone Realty Advisors, LLC (CRA) and Cornerstone Ventures, Inc. (CVI). Respondent Winget Spadafora & Schwartzberg, was counsel for Plaintiffs during most of the trial court litigation, r...

People v. Ruiz  
Date: October 27, 2020
Docket Number: A153153

Justia Opinion Summary: Ruiz, convicted of sex crimes against his minor daughter, was sentenced to 44 years to life. The court of appeal rejected Ruiz’s argument that the trial court’s admission into evidence of the minor’s incriminating out-o...

Michael S. Yu, a Law Corp. v. Superior Court of Los Angeles County  
Date: October 27, 2020
Docket Number: B304011

Justia Opinion Summary: After the referee in a consensual general reference filed his decisions in the trial court, but before entry of judgment on those decisions, the trial court entertained motions to set them aside and ordered a new trial t...

Tiburon/Belvedere Residents United to Support the Trails v. Martha Co.  
Date: October 26, 2020
Docket Number: A157073

Justia Opinion Summary: Before the 1972 effective date of Civil Code section 1009(b), the California Supreme Court held that an implied by law dedication is established when “the public has used the land ‘for a period of more than five years wi...

Dix v. Live Nation Entertainment, Inc.  
Date: October 26, 2020
Docket Number: B289596

Justia Opinion Summary: After Katie Dix ingested an illegal drug and collapsed while at a Live Nation electronic music festival, she was later pronounced dead from Ecstasy-related dehydration. Katie's parents filed suit against Live Nation for...

Truck Insurance Exchange v. AMCO Insurance Co.  
Date: October 26, 2020
Docket Number: B298798

Justia Opinion Summary: In the underlying action, two restaurant patrons filed suit against the restaurant owner and his landlords after a vehicle accident caused a car to crash through the restaurant, injuring the patrons. The patrons alleged...

Chacon v. Union Pacific Railroad  
Date: October 26, 2020
Docket Number: B299031

Justia Opinion Summary: Plaintiff filed suit against Union Pacific under the Federal Employers' Liability Act (FELA), alleging that he developed a sarcoma as a result of his exposure to diesel fumes and other carcinogenic substances while worki...

California v. Barton  
Date: October 26, 2020
Docket Number: D072639A

Justia Opinion Summary: Jeffrey Barton was convicted by jury on five counts of forcible oral copulation, and one count of forcible sodomy. The jury reached its verdict only after the trial court discharged a holdout juror (Juror No. 12), after...

Tilkey v. Allstate Ins. Co.  
Date: October 26, 2020
Docket Number: D074459A

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

California v. Shaw  
Date: October 26, 2020
Docket Number: D076124

Justia Opinion Summary: In a previous appeal, the Court of Appeal affirmed defendant Shaun Shaw’s convictions for burglary, assault with a deadly weapon, and making a criminal threat, but remanded to allow the trial court to exercise its new au...

California v. Jones  
Date: October 26, 2020
Docket Number: E072961

Justia Opinion Summary: Henry Jones appealed the denial of his petition to vacate his murder conviction under Penal Code section 1170.95, the resentencing provision of Senate Bill No. 1437 (2017-2018 Reg. Sess.) In 2000, Jones was convicted of...

Gruber v. Yelp Inc.
Date: October 23, 2020
Docket Number: A155063M
Lacayo v. Superior Court  
Date: October 23, 2020
Docket Number: A160793

Justia Opinion Summary: On February 24, 2020, Lacayo was arraigned for possession of a firearm by a felon and related felonies. He waived his right under Penal Code 859b to a preliminary hearing within 10 court days but did not waive his right...

Lares v. Los Angeles County Metropolitan Transportation Authority  
Date: October 23, 2020
Docket Number: B293850

Justia Opinion Summary: MTA's failure to count the days an employee is on California Family Rights Act (CFRA) leave when calculating the 60-day clearance period does not violate the CFRA. Plaintiff, a bus operator for MTA, was terminated from h...

MES Investments, LLC v. Dadson Washer Service, Inc.
Date: October 23, 2020
Docket Number: B297634
People v. Foley  
Date: October 23, 2020
Docket Number: B299677

Justia Opinion Summary: Defendant was convicted of sexually molesting his two granddaughters, F. and A. The Court of Appeal held that defendant's previous conviction for molesting A.—suffered in an entirely separate proceeding that concluded lo...

People v. Ford  
Date: October 23, 2020
Docket Number: B300043

Justia Opinion Summary: After the People petitioned to extend appellant's involuntary commitment, the state hospital failed to transport appellant to the hearing. Appellant's counsel waived his right to a jury on his behalf and, following a be...

The People v. J.W.  
Date: October 23, 2020
Docket Number: B303310

Justia Opinion Summary: Consistent with People v. Elizalde (2015) 61 Cal.4th 523, the Court of Appeal held that the routine booking question exception to Miranda v. Arizona (1966) 384 U.S. 436, categorically applies to all of the core booking q...

Carroll v. Commission on Teacher Credentialing  
Date: October 23, 2020
Docket Number: C083250

Justia Opinion Summary: Plaintiff Kathleen Carroll sued her former employer, defendant California Commission on Teacher Credentialing (Commission), for terminating her employment in retaliation for her reporting Commission mismanagement to the...

RGC Gaslamp v. Ehmcke Sheet Metal Co.  
Date: October 23, 2020
Docket Number: D075615

Justia Opinion Summary: Subcontractor Ehmcke Sheet Metal Company (Ehmcke) recorded a mechanic’s lien to recoup payment due for sheet metal fabrication and installation work done on a luxury hotel project in downtown San Diego. Project owner RGC...

Tellez v. Superior Court  
Date: October 23, 2020
Docket Number: E074244

Justia Opinion Summary: Jeremy Tellez was charged with DUI offenses and sought pretrial mental health diversion. The issue presented for the Court of Appeal's review was which of the two statutes prevailed: Vehicle Code section 23640 or Penal C...

Santana v. FCA US, LLC  
Date: October 23, 2020
Docket Number: G057244

Justia Opinion Summary: A jury held defendant FCA US, LLC (Chrysler) liable on three causes of action arising from plaintiff Jose Santana’s defective vehicle: breach of the express and implied warranty under the Song-Beverly Consumer Warranty A...

People v. Baratang  
Date: October 22, 2020
Docket Number: A155108

Justia Opinion Summary: Baratang used the debit card belonging to the sister of his father’s wife. The victim suffers from dementia. An officer testified that the total amount taken from her bank account as a result of the transactions was $8,...

Epstein v. Vision Service Plan  
Date: October 22, 2020
Docket Number: A155219

Justia Opinion Summary: Epstein, an optometrist, entered into a VSP “Network Doctor Agreement.” VSP audited of Epstein’s claims for reimbursement, concluded he was knowingly purchasing lenses from an unapproved supplier, and terminated the pro...

People v. Uber Technologies, Inc.  
Date: October 22, 2020
Docket Number: A160701

Justia Opinion Summary: The state brought a civil enforcement action against Uber and Lyft, alleging that the companies improperly misclassify drivers using their ride-hailing platforms as independent contractors rather than employees, deprivin...

People v. Lizarraga  
Date: October 22, 2020
Docket Number: B299939

Justia Opinion Summary: In 2014, a jury convicted Lizarraga of second-degree murder and found that he personally used a firearm in connection with the shooting of a rival gang member. Lizarraga was 17 years old when he committed the crime. He w...

Lowry v. Port San Luis Harbor District  
Date: October 22, 2020
Docket Number: B300072

Justia Opinion Summary: After plaintiff missed the statutory deadline to file a claim against a public entity, he applied to submit a late claim. Then plaintiff filed his complaint the same day, not waiting for the public entity to respond to h...

P. v. Allison
Date: October 22, 2020
Docket Number: B300575M
Leah B. v. Michael V.  
Date: October 22, 2020
Docket Number: B301138

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order dismissing, for lack of jurisdiction, appellant's request for a civil harassment restraining order. The court held that appellant is not permitted to use the civil har...

Paul Blanco's Good Car Co. Auto Group v. Superior Court  
Date: October 21, 2020
Docket Number: A159623

Justia Opinion Summary: The state filed an unverified complaint against the entities and one of their principals, asserting unfair practices and false advertising. The defendants filed an unverified “Answer” with a general denial of the complai...

California v. Wilson  
Date: October 21, 2020
Docket Number: D074992

Justia Opinion Summary: Luke Wilson was convicted by jury on one count of oral copulation of a child 10 years or younger and and three counts of committing a lewd act upon a child. The court sentenced Wilson to an indeterminate prison term of 4...

Guerrero v. Hestrin  
Date: October 21, 2020
Docket Number: E072470

Justia Opinion Summary: In 2014, a single Riverside County, California Superior Court judge signed 602 orders authorizing wiretaps, which was approximately 17 percent of all wiretaps authorized by all the state and federal courts in the nation....

In re Nelson  
Date: October 21, 2020
Docket Number: F079378

Justia Opinion Summary: People v. Gallardo (2017) 4 Cal.5th 120 (Gallardo), which limited a sentencing court's factfinding abilities with respect to prior conviction enhancement allegations, does not apply retroactively on collateral review of...

Reyes v. Kruger
Date: October 21, 2020
Docket Number: H044661M
Skaff v. Rio Nido Road
Date: October 20, 2020
Docket Number: A152462M
In re Von Staich  
Date: October 20, 2020
Docket Number: A160122

Justia Opinion Summary: Von Staich is incarcerated at San Quentin State Prison, based on 1986 second-degree murder and attempted murder convictions. In May 2020, he sought habeas corpus relief, citing the COVID-19 pandemic. Shortly thereafter,...

People v. Douglas  
Date: October 20, 2020
Docket Numbers: B301302, B306176

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's request for resentencing under Penal Code section 1170.95 and denial of habeas relief. Defendant was convicted of murder after robbing a video store. T...

Kramer v. Traditional Escrow  
Date: October 20, 2020
Docket Number: G058522

Justia Opinion Summary: Plaintiff Michelle Kramer filed a wage and hour lawsuit against her employer, defendants Traditional Escrow, Inc. (Traditional), and its alleged alter ego, Annette Scherrer-Cosner. A few months after defendants answered...

California v. Marquez  
Date: October 20, 2020
Docket Number: G058719

Justia Opinion Summary: Mario Marquez appealed a postjudgment order striking his petition for resentencing made pursuant to Penal Code section 1170.95, enacted as part of Senate Bill No. 1437 (2017-2018 Reg. Sess.). The trial court struck Marqu...

Malott v. Summerland Sanitary District  
Date: October 19, 2020
Docket Number: B298730

Justia Opinion Summary: Plaintiff filed an administrative mandamus petition challenging wastewater disposal fees under Proposition 218. The trial court dismissed the petition based on failure to exhaust administrative remedies. The Court of Ap...

People v. Hendrix  
Date: October 19, 2020
Docket Number: B298952

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction and sentence for first degree burglary. The court held that, although the trial court erred when instructing the jury on mistake of fact, the instructional error was ha...

Am. Chemistry Council v. Off. of Environ. Health Hazard Assessment  
Date: October 19, 2020
Docket Number: C079078

Justia Opinion Summary: Proposition 65 was enacted by the voters to protect the people of California and its water supply from harmful chemicals. Proposition 65 required the Governor to publish, at least annually, a list of chemicals known to t...

Gomez v. Smith
Date: October 19, 2020
Docket Number: C089338M
California v. Son  
Date: October 19, 2020
Docket Number: G057657

Justia Opinion Summary: Defendant Troy Son was charged with murder with an enhancement for the personal use of a deadly weapon. A jury found defendant guilty of first degree murder, unanimously finding that the murder was willful, deliberate an...

County of San Diego v. P.B  
Date: October 16, 2020
Docket Number: D075690

Justia Opinion Summary: L.C. (Mother) appealed a final order of child support covering periods from 2014 to 2019, when Child turned 18. Mother contends the trial court’s child support order had to be reversed because the court calculated child...

California v. Bascomb  
Date: October 16, 2020
Docket Number: E073545

Justia Opinion Summary: In 2000, appellant Geraldo Bascomb and another man committed a home invasion robbery during which the second man shot and killed one of the residents. In 2005, a jury found Bascomb guilty of first degree felony murder an...

California v. Villa  
Date: October 16, 2020
Docket Number: E074417

Justia Opinion Summary: While driving with his girlfriend "Jane Doe" and their infant child, Dagoberto Shoreque Villa, who was heavily intoxicated, began punching Doe and pulling out her hair in a fit of jealousy. When a police officer pulled t...

Garcia-Brower v. Premier Automotive Imports of California, LLC  
Date: October 15, 2020
Docket Number: A156985

Justia Opinion Summary: Labor Code section 432.7 prohibits an employer from asking a job applicant to disclose any conviction that has been judicially dismissed and bars an employer from using any record of a dismissed conviction as a factor in...

In re McDowell  
Date: October 15, 2020
Docket Number: A157020A

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. McDowell was sentenced to life imprisonment without the possibility of pa...

People v. Montelongo  
Date: October 15, 2020
Docket Number: B294095

Justia Opinion Summary: The Court of Appeal affirmed defendant's sentence of life without the possibility of parole plus one year for robbery and felony murder with a special circumstance finding under Penal Code section 190.2, subdivision (a)(...

P. v. Love
Date: October 15, 2020
Docket Number: B302892M
Provost v. YourMechanic, Inc.  
Date: October 15, 2020
Docket Number: D076569

Justia Opinion Summary: Defendant YourMechanic, Inc. sought to compel plaintiff Jonathan Provost to arbitrate whether he was an “aggrieved employee” within the meaning of the California Labor Code before he could proceed under the Private Attor...

Denny v. Arntz  
Date: October 14, 2020
Docket Number: A158029

Justia Opinion Summary: In November 2018, the voters in San Francisco passed Proposition A, the Embarcadero Seawall Earthquake Safety Bond, by 82.7 percent of the popular vote. The following spring, Denny filed a lawsuit to set aside Propositio...

People v. Cervantes  
Date: October 14, 2020
Docket Number: F077943

Justia Opinion Summary: After defendant was convicted of two first degree murders, the jury found true a multiple murder special circumstance and found that defendant personally and intentionally discharged a firearm causing great bodily injury...

People v. Hernandez  
Date: October 14, 2020
Docket Number: F080131

Justia Opinion Summary: Defendant entered a plea negotiation in which he agreed to a term of 10 years in state prison. The 10-year term included the imposition of two prior prison term enhancements. Defendant contends that the enhancements must...

California v. Valliant  
Date: October 14, 2020
Docket Number: G058568

Justia Opinion Summary: Alexander Valliant was charged with second degree robbery; criminal threats; carrying a dirk or dagger; carrying a loaded firearm in public; and driving on a suspended license, all arising out of a single incident in Sep...

In re Anna T.  
Date: October 13, 2020
Docket Number: B299987

Justia Opinion Summary: In this case, the dependency petition was filed, and the juvenile court assumed jurisdiction, after the family court had entered a final judgment awarding Todd T. sole legal authority to make healthcare decisions for his...

People v. Frazier  
Date: October 13, 2020
Docket Number: B300612

Justia Opinion Summary: After the Secretary of the Department of Corrections and Rehabilitation recommended that the trial court recall defendant's 23-year prison sentence imposed more than a decade earlier and resentence her pursuant to Penal...

California v. Zorich  
Date: October 13, 2020
Docket Number: G058222

Justia Opinion Summary: Defendant David Zorich appealed a trial court’s order denying his petition for recall and resentencing under Penal Code section 1170.18. He was originally convicted (as relevant here) for grand theft of an automobile, an...

Prickett v. Bonnier Corp.  
Date: October 13, 2020
Docket Number: G058575

Justia Opinion Summary: This case arose from a movie-making accident. After her father was injured diving in French Polynesia, Mira Chloe Prickett sued Bonnier Corporation and World Publications, LLC (collectively Bonnier) for compensatory and...

People v. Stewart  
Date: October 9, 2020
Docket Number: A155499

Justia Opinion Summary: Stewart was convicted of forcible rape, digital penetration and misdemeanor battery on his cousin, Doe 1, when she was 15 and he was 19 years old. He was sentenced to 13 years in state prison. Stewart argued the prosecut...

California v. Barber  
Date: October 9, 2020
Docket Number: D076070

Justia Opinion Summary: A jury convicted Michael Barber of reckless driving. The jury also found true that Barber personally inflicted great bodily injury and proximately caused a loss of consciousness of another. The court placed Barber on for...

In re N.S.  
Date: October 9, 2020
Docket Number: D077177

Justia Opinion Summary: C.V. (Mother) appealed an order issued under Welfare and Institutions Code section 366.261 selecting adoption as the permanent plan for her son N.S. and terminating her parental rights. N.S.’s father was a member of the...

County of Sonoma v. U.S. Bank N.A.  
Date: October 8, 2020
Docket Number: A155837

Justia Opinion Summary: Quail's 47,480-square-foot unincorporated Sonoma County property contained two houses, garages, and several outbuildings. In 2013, a building with hazardous and unpermitted electrical wiring, hazardous decking and stair...

Robin v. Crowell  
Date: October 8, 2020
Docket Number: F077325

Justia Opinion Summary: In this quiet title action, plaintiffs, holders of a first deed of trust on certain property, judicially foreclosed, but failed to name defendant, the holder of a second deed of trust on the same property, as a defendant...

Gruber v. Yelp Inc.  
Date: October 7, 2020
Docket Number: A155063

Justia Opinion Summary: Yelp publishes crowdsourced business reviews and allows businesses to advertise on its Website and mobile app. Yelp employs over 2,000 sales representatives to solicit advertising sales. Gruber, a solo attorney practitio...

Dones v. Life Insurance Co. of North America  
Date: October 7, 2020
Docket Number: A157662

Justia Opinion Summary: While employed by Alameda County and on a medical leave of absence, Johnson enrolled online in supplemental life insurance coverage under a LINA group insurance policy. She remained on leave on the policy’s effective dat...

In re Butler  
Date: October 7, 2020
Docket Number: A159122

Justia Opinion Summary: In 1993, Butler was convicted of raping two women and assault with intent to commit rape of a juvenile and sentenced to 18 years in prison. In 2006, before his release, the District Attorney filed a petition to commit Bu...

Doe v. Yim  
Date: October 6, 2020
Docket Number: B299856

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of respondent's motion to disqualify appellant's attorney, who is also appellant's mother and respondent's ex-wife, from representing appellant in all phases of tort l...

In re Dominic F.  
Date: October 6, 2020
Docket Number: B302482

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdictional findings and dispositional orders, holding that substantial evidence supports the juvenile court's finding that the Indian Child Welfare Act of 1978 (ICWA)...

Stevenson v. City of Sacramento  
Date: October 6, 2020
Docket Number: C080685

Justia Opinion Summary: The city council for respondent City of Sacramento adopted a resolution in 2007 approving the destruction of records as allowed under Government Code section 34090, and authorizing its city clerk to adopt a new records r...

Skaff v. Rio Nido Roadhouse  
Date: October 5, 2020
Docket Number: A152462

Justia Opinion Summary: Skaff sued the Roadhouse restaurant and grill, located in Sonoma County, alleging that the Roadhouse and parking lot were inaccessible to wheelchair users. Skaff cited Health and Safety Code section 19955 and the Unruh C...

Fipke v. California Horse Racing Board  
Date: October 5, 2020
Docket Number: B299810

Justia Opinion Summary: Charles Fipke, owner of a racehorse that won the 2017 Breeders' Cup Distaff race, initially named real party in interest Joel Rosario as the jockey for the race, but prior to the draw, he removed Rosario and named a diff...

Shipp v. Western Engineering, Inc.  
Date: October 5, 2020
Docket Number: C087371

Justia Opinion Summary: Defendants were performing road construction work, implementing a “reversing lane closure” traffic control, reducing traffic to one lane. A flagger to control northbound traffic was positioned at the south end of the rev...

Reales Investment, LLC v. Johnson  
Date: October 5, 2020
Docket Number: E072523

Justia Opinion Summary: Two months before trial, appellant Reales Investment, LLC’s attorney moved to withdraw from the case. Reales did not retain counsel until a few days before trial began, and it did not participate in any of the pretrial p...

Murray v. UPS Capital Ins. Agency, Inc.
Date: October 5, 2020
Docket Number: G058353M
Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.  
Date: October 2, 2020
Docket Numbers: B292609A, B299014

Justia Opinion Summary: In this antitrust dispute involving licensing of motion pictures to movie theaters for public exhibition, Flagship obtained a jury verdict against Century. Flagship owned the Palme d'Or theater and Century owned The Rive...

People v. Allison  
Date: October 2, 2020
Docket Number: B300575

Justia Opinion Summary: The Court of Appeal, just as in its recent decision in People v. Galvan (2020) 52 Cal.App.5th 1134, held that a defendant convicted of murder with a felony-murder special circumstance (Pen. Code,1 190.2, subd. (a)(17)) i...

California v. Martinez  
Date: October 2, 2020
Docket Number: C083898

Justia Opinion Summary: Defendant Alfredo Martinez and two codefendants were charged in connection with a “drug rip.” A jury found defendant guilty of robbery in the second degree, active participation in a criminal street gang, criminal conspi...

In re S.S.  
Date: October 2, 2020
Docket Number: E074852

Justia Opinion Summary: The Riverside County Department of Public Social Services (department) filed a petition seeking to remove an 18-month old girl based on mother’s substance abuse and mental health issues and noncustodial father’s failure...

People v. American Surety Co.  
Date: October 1, 2020
Docket Number: A157154

Justia Opinion Summary: A trial court set bail for a criminal defendant at $220,000. Due to a miscommunication, jail authorities had the figure at $120,000. American Surety posted a bond for $120,000. The defendant failed to appear at a schedul...

Lopez v. City of Los Angeles  
Date: October 1, 2020
Docket Number: B288396

Justia Opinion Summary: After plaintiff, a pedestrian, tripped and fell in a pothole located on city-owned property, he filed suit against the City and Wally's Wine & Spirits for negligence and premise liability. The Court of Appeal held that t...

Simgel Co., Inc. v. Jaguar Land Rover North America, LLC  
Date: October 1, 2020
Docket Number: B292458

Justia Opinion Summary: In this Song-Beverly Consumer Warranty Act (the "lemon law") suit, the jury answered special verdict questions determining that Jaguar had no liability for breach of express warranty or for breach of the implied warranty...

Ramos v. Mercedes-Benz USA, LLC  
Date: October 1, 2020
Docket Number: B298958M

Justia Opinion Summary: The Court of Appeal modified the opinion, thus changing the judgment, by adding at the end of the disposition that no costs are awarded. The court held that, under the Song-Beverly Consumer Warranty Act, popularly known...

People v. Betts  
Date: October 1, 2020
Docket Number: B301147

Justia Opinion Summary: Convictions for committing lewd acts on a child are not exempt from the sentencing provisions of Penal Code section 667.61, subdivision (j)(2). In this case, defendant was convicted by a jury of multiple counts of sexual...

People v. Love  
Date: October 1, 2020
Docket Number: B302892

Justia Opinion Summary: Senate Bill 1437 does not eliminate the natural and probable consequences theory for attempted murder on any basis—either prospectively or retroactively. In reaching this holding, the Court of Appeal held that (1) Sena...

Hooked Media Group, Inc. v. Apple Inc.  
Date: October 1, 2020
Docket Number: H044395

Justia Opinion Summary: Hooked developed an app for mobile devices. Hooked’s CEO and investors later wanted to sell the business. Apple showed interest. After two meetings, it was clear that Apple was not interested in buying Hooked for its tec...

In re J.P.  
Date: October 1, 2020
Docket Number: H047586

Justia Opinion Summary: A July 2017 petition under Welfare and Institutions Code 300(b)(1) concerned J.P., born in 2013. J.P.’s mother had been arrested for DUI. J.P. and his younger half-brother, A.A., were taken into protective custody. The c...

Ramos v. Mercedes-Benz USA, LLC  
Date: September 30, 2020
Docket Number: B298958

Justia Opinion Summary: The Court of Appeal held that, under the Song-Beverly Consumer Warranty Act, popularly known as the "lemon law," a buyer may not obtain restitution of the full price he paid for a new motor vehicle, where the manufacture...

People v. McCallum  
Date: September 30, 2020
Docket Number: B301267

Justia Opinion Summary: The Court of Appeal held that the statutory language of Penal Code section 1170, subdivision (d)(1), read in the context of section 1170 as a whole, shows the Legislature did not intend to require a trial court to hold a...

Bader v. Avon Products, Inc.  
Date: September 29, 2020
Docket Number: A157401

Justia Opinion Summary: Schmitz's estate sued Avon, alleging that Schmitz used Avon’s perfumed talc powder products for around 20 years and that these products contained asbestos and caused Schmitz’s mesothelioma. The court granted Avon’s motio...

Butler America v. Aviation Assurance Co., LLC  
Date: September 29, 2020
Docket Number: B298696

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order amending the judgment to add alter egos as judgment debtors. In this case, the trial court ordered that Craig Garrick individually and the Garrick entities be added to...

Alborzi v. University of Southern California  
Date: September 29, 2020
Docket Number: B299067

Justia Opinion Summary: Plaintiffs filed suit alleging that defendants entered into an illegal referral and kickback scheme in which USC paid below-market rates for hospitalist services from Concord, and Concord self-referred patients to Elevat...

People v. Bentley  
Date: September 29, 2020
Docket Number: B299678

Justia Opinion Summary: Where, as a matter of law, a defendant is not eligible for resentencing pursuant to Penal Code section 1170.95, his petition, therefore, may be summarily denied. Defendant appealed the trial court's order denying his pet...

Sieg v. Fogt  
Date: September 28, 2020
Docket Number: A156089

Justia Opinion Summary: The California Contractors’ State License Board (CSLB) sought revocation or suspension of Sieg’s contractor’s license and restitution. The Accusation alleged that Sieg failed to follow spacing and fastening requirements...

Williams v. County of Sonoma  
Date: September 28, 2020
Docket Number: A156819

Justia Opinion Summary: Williams and a friend began a 30-mile bicycle ride. As they biked down a hill on a road maintained by Sonoma County, they encountered a pothole measuring four feet long, three feet four inches wide, and four inches deep....

People v. Johnson  
Date: September 28, 2020
Docket Number: A159208

Justia Opinion Summary: In 1990, Johnson, who is schizophrenic, was convicted of assault with force likely to produce great bodily injury. He served nine years in prison before being paroled as a mentally disordered offender (MDO). In 2000, he...

People v. Duke  
Date: September 28, 2020
Docket Number: B300430

Justia Opinion Summary: Defendant appealed the trial court's denial of his petition under Penal Code section 1170.95 for resentencing on his murder conviction. Defendant was convicted by a jury of murder in 2013 based on his involvement in an i...

Santos v. Crenshaw Manufacturing, Inc.  
Date: September 25, 2020
Docket Number: G057371

Justia Opinion Summary: Appellant Marivel Santos was employed by respondent Crenshaw Manufacturing, Inc. (Crenshaw) in January 2017 as a machine operator on the production floor. Santos alleged that sometime in the second week of January 2017,...

Reyes v. Kruger  
Date: September 25, 2020
Docket Number: H044661

Justia Opinion Summary: The tenant operated a medical marijuana outlet on commercial premises. The landlord received complaints from neighbors, related to parking issues, loitering, and littering and that the city’s code enforcement contacted h...

In re Samuel A.  
Date: September 24, 2020
Docket Number: B302700

Justia Opinion Summary: Mother petitioned under Welfare and Institutions Code sections 388 and 390 to set aside jurisdiction findings concerning her alcohol abuse and mental instability and to terminate dependency jurisdiction after a court-ord...

Murray v. Tran  
Date: September 24, 2020
Docket Number: D076104

Justia Opinion Summary: Dr. My Tran and Dr. Ian Murray were dentists who owned a dental practice known as Bird Rock Dental. Dr. Murray worked at the practice and Dr. Tran handled the business operations through his own separate entity. About tw...

Chaplin v. State Personnel Board  
Date: September 23, 2020
Docket Number: A155107

Justia Opinion Summary: The California Department of Forestry and Fire Protection (CAL FIRE) disciplined three of its firefighters for cheating on a promotional exam. One of the men appealed his discipline to the California State Personnel Boar...

People v. Martinez  
Date: September 23, 2020
Docket Number: B303086M

Justia Opinion Summary: The Court of Appeal modified the judgment by remanding the matter to the trial court with directions to strike the two one-year sentence enhancements imposed pursuant to Penal Code section 667.5, subdivision (b), and to...

California v. Oliver  
Date: September 23, 2020
Docket Number: E070859

Justia Opinion Summary: Defendant James Oliver challenged his convictions for human trafficking Jane Doe (count 1) and D.A. (count 4), and his sentence. On appeal, he contended: (1) his conviction on count 4 for human trafficking an adult in vi...

Doe v. Google, Inc.  
Date: September 22, 2020
Docket Number: A157097

Justia Opinion Summary: The defendants require their employees to comply with various confidentiality policies. Current and former employees sued under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, 2698), alleging the...

People v. Redus  
Date: September 22, 2020
Docket Number: A157368

Justia Opinion Summary: Redus was committed to the Department of State Hospitals in 1975, after being found not guilty by reason of insanity (NGI) of murder in the stabbing death of his common-law wife. In July 2017, the San Francisco County D...

P. v. Byers
Date: September 22, 2020
Docket Number: B295235M
Heshejin v. Rostami  
Date: September 22, 2020
Docket Number: B297037

Justia Opinion Summary: Plaintiffs' second amended complaint alleged derivative causes of action on behalf of ALI against AIG for conspiracy to commit fraud, fraud by concealment, breach of fiduciary duty, declaratory relief, conversion, and ac...

California v. Xiong  
Date: September 22, 2020
Docket Number: C079709

Justia Opinion Summary: Defendant Yor Xiong shot the victim multiple times and then led police on a high-speed car chase on surface streets from south to north Stockton ending across the street from his house. A jury found defendant guilty of:...

Gomez v. Smith  
Date: September 22, 2020
Docket Number: C089338

Justia Opinion Summary: Frank Gomez and plaintiff Louise Gomez rekindled their love over 60 years after Frank broke off their first engagement because he was leaving to serve in the Korean War. Frank’s children from a prior marriage, defendants...

People v. Perez  
Date: September 21, 2020
Docket Number: B301466

Justia Opinion Summary: In 1999 Perez pled no contest to second-degree murder (Penal Cod 18(a)) and admitted an allegation that he personally used a dangerous or deadly weapon, a hammer, to strike his wife. Perez’s attorney stipulated to a fact...

Koussaya v. City of Stockton  
Date: September 21, 2020
Docket Number: C089159

Justia Opinion Summary: Stephanie Koussaya was taken hostage, along with two other women, by three armed bank robbers, Alex Martinez, Jaime Ramos, and Gilbert Renteria, Jr., used as a human shield in order to facilitate the robbers’ escape from...

In re King  
Date: September 18, 2020
Docket Number: E074401

Justia Opinion Summary: In 2016, Proposition 57 amended the California Constitution to allow early parole consideration for persons “convicted of a nonviolent felony.” The regulations the California Department of Corrections and Rehabilitation...

Oakland Bulk and Oversized Terminal, LLC v. City of Oakland  
Date: September 17, 2020
Docket Number: A157330

Justia Opinion Summary: Oakland entered into agreements with OBOT for the development of the former Oakland Army Base. The project was to include a bulk commodity shipping terminal for products, including coal. When the subject of coal became p...

People v. Kurianski  
Date: September 17, 2020
Docket Number: B301292

Justia Opinion Summary: When a parolee accepts a court's offer to admit a parole violation for a specified sentence and expressly waives his right to the preliminary and final parole hearings, he has waived his statutory right to have a prepara...

People v. DeCasas  
Date: September 17, 2020
Docket Number: B301297

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's motion to dismiss a petition to have him civilly committed under the Sexually Violent Predators Act (SVPA), because he was deprived of his due process r...

People v. Superior Court of Los Angeles County  
Date: September 17, 2020
Docket Number: B305626

Justia Opinion Summary: The Court of Appeal considered how the timeliness rules for Code of Civil Procedure section 170.6 judicial peremptory challenges should apply in case of a proceeding initiated by the filing of a habeas corpus petition in...

Parkford Owners for a Better Community v. County of Placer  
Date: September 16, 2020
Docket Number: C087824

Justia Opinion Summary: Plaintiff Parkford Owners for a Better Community (Parkford), appealed a judgment entered in favor of defendants, Placer County and Placer County Community Development Resource Agency (collectively, the County), and real...

Riverside County Transportation Com. v. Southern Cal. Gas Co.
Date: September 16, 2020
Docket Number: E069462M
People v. D.C.  
Date: September 16, 2020
Docket Number: F078629

Justia Opinion Summary: Defendant petitioned to seal his arrest record pursuant to Penal Code section 851.91 after pleading no contest to possession of a controlled substance and successfully completing treatment and probation pursuant to secti...

People v. Cruz  
Date: September 15, 2020
Docket Number: A157385

Justia Opinion Summary: Cruz, who had an outstanding felony warrant for taking a vehicle without the owner’s consent, was found sitting in the driver's seat of a stolen car. Crue pled guilty under Vehicle Code 10851(a). The probation report exp...

Aerotek v. Johnson Group Staffing Co.  
Date: September 15, 2020
Docket Number: C078435

Justia Opinion Summary: Porter Scott, P.C. (hereafter, “Porter Scott”) defended The Johnson Group Staffing Company, Inc. (hereafter, “TJG” or “Johnson Group”) through two rounds of litigation with its chief competitor, Aerotek, Inc. (hereafter,...

Mejia v. DACM Inc.  
Date: September 15, 2020
Docket Number: G058112

Justia Opinion Summary: In May 2017, plaintiff Joseph Mejia bought a used motorcycle from Defendant DACM, Inc. (Del Amo) for $5,500. Mejia paid $500 cash and financed the remainder of the purchase price with a WebBank-issued Yamaha credit card...

Brue v. Al Shabaab  
Date: September 14, 2020
Docket Number: B294814

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying plaintiffs' request for entry of a default judgment and dismissing their wrongful death action against the terrorist organization Al Shabaab. This action stemm...

People v. Henderson  
Date: September 14, 2020
Docket Number: B298366

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction and sentence for two counts of assault with a semiautomatic firearm (one for each of two victims), one count of possession of a firearm by a felon, and one count of ass...

California v. Superior Court (Frezier)  
Date: September 14, 2020
Docket Number: D077864

Justia Opinion Summary: In October 2019, Christopher Frezier was found not guilty by reason of insanity of a felony offense. The trial court committed him to a state hospital pursuant to Penal Code section 1026. At the time of the commitment, t...

Nealy v. County of Orange  
Date: September 14, 2020
Docket Number: G058036

Justia Opinion Summary: Wagon Wheel Canyon Loop Trail (the Trail) is located in Thomas F. Riley Wilderness Park (the Park), a public park owned and operated by Orange County, California. Before the incident at issue in this case, a wooden lodge...

Murray v. UPS Capital Ins. Agency, Inc.  
Date: September 14, 2020
Docket Number: G058353

Justia Opinion Summary: David Murray purchased used computer equipment worth nearly $40,000, which was damaged by the United Postal Service (UPS) while it was being transported from California to Texas. Murray believed he purchased appropriate...

Sanchez v. Martinez  
Date: September 11, 2020
Docket Number: C083268

Justia Opinion Summary: Five laborers filed suit against their former employer, Miguel Martinez, alleging violations of various labor laws. The Court of Appeal previously heard plaintiffs' claims; in its initial review, the Court considered pla...

California v. Lombardo  
Date: September 11, 2020
Docket Number: C090041

Justia Opinion Summary: In 1996, a jury found defendant Vincent Lombardo guilty of second degree murder. In 2019, defendant filed a petition for resentencing under newly enacted Penal Code section 1170.95, which was enacted as part of Senate Bi...

Mayron v. Google LLC  
Date: September 11, 2020
Docket Number: H044592

Justia Opinion Summary: California’s automatic renewal law, Bus. & Prof. Code 17600, requires a consumer’s affirmative consent to any subscription agreement automatically renewed for a new term when the initial term ends and requires “clear and...

People v. Chavez  
Date: September 10, 2020
Docket Number: B303298

Justia Opinion Summary: Penal Code section 1538.5 does not require the trial court to hold an evidentiary hearing when the defendant's stated issue to be decided is not relevant to the motion to suppress. After defendant was charged with misd...

Akopyan v. Super. Ct.
Date: September 10, 2020
Docket Number: B304957M
Aljabban v. Fontana Indoor Swap Meet, Inc.  
Date: September 10, 2020
Docket Number: D076214

Justia Opinion Summary: Mohamed Aljabban appeals from an adverse judgment after a bench trial in the lawsuit that he and his wife, Jacqueline Carrasco, filed against defendants Fontana Indoor Swap Meet, Inc. (FISM), Jonathan Shapiro and Victor...

Burchell v. Faculty Physicians & Surgeons etc.  
Date: September 10, 2020
Docket Number: E071146

Justia Opinion Summary: In 2014, plaintiff-respondent Keith Burchell underwent what was supposed to be a simple, outpatient procedure to remove a small mass in his scrotum for testing. His surgeon, Dr. Gary Barker, discovered that the mass was...

Buskirk v. Buskirk
Date: September 9, 2020
Docket Number: B295648M
City of Brentwood v. Department of Finance  
Date: September 9, 2020
Docket Number: C086344

Justia Opinion Summary: The City of Brentwood (Brentwood) sought reimbursement for construction costs incurred in five redevelopment projects. In City of Brentwood v. Campbell, 237 Cal.App.4th 488 (2015), the Court of Appeal rejected Brentwood’...

In re K.W.  
Date: September 9, 2020
Docket Number: E073894

Justia Opinion Summary: Pursuant to a plea bargain, minor K.W. admitted one count of robbery; counts alleging kidnapping, brandishing, and vandalism were dismissed. After he completed probation, he moved to seal the record under Welfare and Ins...

Department of Fair Employment and Housing v. Cathy's Creations, Inc.  
Date: September 9, 2020
Docket Number: F077802

Justia Opinion Summary: An award of attorneys' fees under Code of Civil Procedure section 1021.5 was properly denied to the prevailing defendants in an action brought by DFEH under Government Code section 12974. This case arose out of an admini...

Vosburg v. County of Fresno  
Date: September 9, 2020
Docket Number: F078081

Justia Opinion Summary: As the foundation for the application of Code of Civil Procedure section 1021.5 to this case, the Court of Appeal held that an unincorporated association has standing to appear in an election contest as a representative...

Department of Fair Employment and Housing v. Superior Court of Kern County  
Date: September 9, 2020
Docket Number: F078245

Justia Opinion Summary: The underlying Government Code section 12974 civil action was initiated by DFEH in December 2017 by a petition seeking provisional relief to temporarily enjoin Tastries from refusing to sell wedding cakes to same-sex cou...

In re J.W.-P.  
Date: September 8, 2020
Docket Number: A156550

Justia Opinion Summary: After police arrested their mother, 10-year-old J. and her half-brothers were found at a homeless encampment and detained by the Alameda County Social Services Agency, which filed a juvenile dependency petition. At a pat...

In re J.E.  
Date: September 8, 2020
Docket Number: A156839

Justia Opinion Summary: Deputies responded to a domestic violence report. J.E. had left the house. J.E.'s Mother signed a citizen’s arrest form for battery. The deputies saw J.E. outside, went to J.E. in their marked patrol car, identified them...

California v. Zaheer  
Date: September 8, 2020
Docket Number: D074972

Justia Opinion Summary: Defendant Hashmatullah Zaheer was tried twice for sexual battery by restraint. He denied any wrongdoing. The case hinged entirely on the credibility of the victim, Martha M. In the first trial, Zaheer was nearly acquitte...

People for the Ethical Operation of Prosecutors etc. v. Spitzer
Date: September 8, 2020
Docket Number: G057546M
Rowan v. Kirkpatrick  
Date: September 4, 2020
Docket Number: A160568

Justia Opinion Summary: In January 2020, Rowan and Kirkpatrick sought civil harassment restraining orders against one another. Rowan After hearings, the court granted Rowan’s restraining order request, dismissed Kirkpatrick’s request (due to h...

Rowan v. Kirkpatrick
Date: September 4, 2020
Docket Number: A160568
Marshall v. Webster
Date: September 4, 2020
Docket Number: C088240A
People v. York  
Date: September 3, 2020
Docket Number: B298635

Justia Opinion Summary: The trial court agreed with the parties that Penal Code section 1170.95 and Senate Bill 1437 are not unconstitutional. In the published portion of the opinion, the court held that trial counsel was required to appoint co...

California v. Flores  
Date: September 3, 2020
Docket Number: G058486

Justia Opinion Summary: In this case, a trial court summarily denied defendant Alberto Flores' postjudgment petition for resentencing under Penal Code section 1170.95. Appointed counsel found no arguable issues to raise on appeal, filing a "Wen...

Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.  
Date: September 2, 2020
Docket Numbers: B292609, B299014

Justia Opinion Summary: In an antitrust dispute involving the licensing of motion pictures to movie theaters for public exhibition, Flagship obtained a jury verdict against Century. The jury found true Flagship's allegations that Century had en...

Moritz v. Universal City Studios LLC  
Date: September 2, 2020
Docket Number: B299083

Justia Opinion Summary: The lawsuit underlying this appeal involves a "spin-off" of the Fast & Furious franchise, a project ultimately released as Fast & Furious Presents: Hobbs & Shaw (the film), on which Moritz allegedly worked as a producer...

Land v. California Unemployment Insurance Appeals Board  
Date: September 1, 2020
Docket Number: A153959

Justia Opinion Summary: For more than 10 years, Land worked as a field service specialist for DISH Network. After a customer complaint in 2015, Land’s supervisor filled out an “Employee Consultation” form that stated it was a “Final written not...

People v. Cooper  
Date: September 1, 2020
Docket Number: A156880

Justia Opinion Summary: In 1994, Cooper raped Whitten, then pregnant, while Mitchell, kicked her in the face. Mitchell repeatedly jumped onto Whitten’s head. Both men threw a cinder block on her head. Cooper cut Whitten’s throat, possibly after...

People v. Murillo  
Date: September 1, 2020
Docket Number: B297546

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's petition under Penal Code section 1170.95 for resentencing on his murder conviction. A jury convicted defendant of murder on the basis of his participa...

In re V.L.  
Date: September 1, 2020
Docket Number: B304209

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's dispositional order removing son and daughter from father's custody. The court heeded the holding of Conservatorship of O.B. (2020) 9 Cal.5th 989, 995–996, establishing t...

Caliber Paving Co. v. Rexford Industrial Realty and Management  
Date: September 1, 2020
Docket Number: G058406

Justia Opinion Summary: Caliber Paving Company, Inc. (Caliber) sued Rexford Industrial Realty and Management, Inc. (Rexford) for intentional interference with a contract between Caliber and Steve Fodor Construction (SFC). The trial court grante...

City of Los Angeles v. Herman  
Date: August 31, 2020
Docket Number: B298581

Justia Opinion Summary: Herman regularly attends Los Angeles and Pasadena city meetings and has been removed more than 100 times. Herman At a public hearing on April 17, 2019, Herman said, “Fuck" Los Angeles Deputy City Attorney Fauble and gave...

People v. DelRio  
Date: August 31, 2020
Docket Number: B298637

Justia Opinion Summary: DelRio and his cousin Prieto drew on each other in front of a house on a cul-de-sac. Prieto shot 15 times but missed every time. DelRio fired twice, killing Prieto. Del Rio later testified that he did not drink or take d...

People v. Triplett  
Date: August 31, 2020
Docket Number: B298914S

Justia Opinion Summary: Young testified that she left the house where Johnson's boyfriend lived, Johnson got out of a vehicle and stabbed Young in the head with a knife. Young “fought back” and Johnson stabbed Young repeatedly and began to chok...

People v. Martinez  
Date: August 31, 2020
Docket Number: B303086

Justia Opinion Summary: Martinez pled guilty to unlawfully driving or taking a vehicle, identity theft, grand theft, and providing a police officer with false information and admitted to prior prison terms. The court imposed a split sentence of...

California v. Hartland  
Date: August 31, 2020
Docket Number: E071218

Justia Opinion Summary: Mark Hartland was convicted by jury of one count each of kidnapping, assault by means likely to produce great bodily injury, and domestic violence resulting in a traumatic condition. In a bifurcated proceeding, the trial...

Ghazarian v. Magellan Health, Inc.
Date: August 31, 2020
Docket Number: G057113M
Rivera v. Shivers  
Date: August 31, 2020
Docket Number: G057919

Justia Opinion Summary: In 2008, appellants Robert and Linda Shivers rented a residential property in La Habra from respondent Wilfred Rivera. Almost seven years later, Rivera filed an unlawful detainer action against the Shivers, alleging they...

In re A.C.  
Date: August 28, 2020
Docket Number: B302248

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's finding that placing 12 year old daughter out of state with father would be detrimental to her emotional well-being. The court held that substantial evidence supports the...

Marriage of DeSouza  
Date: August 27, 2020
Docket Number: A156311

Justia Opinion Summary: Erica served Francis with a petition for dissolution of marriage, along with an automatic temporary restraining order that prohibited him from “[t]ransferring, encumbering, hypothecating, concealing, or in any way dispos...

Prang v. L.A. County Assessment Appeals Board No. 2  
Date: August 27, 2020
Docket Number: B301194

Justia Opinion Summary: The Court of Appeal affirmed the trial court's issuance of a writ of administrative mandamus allowing the Assessor to levy more than four years' worth of escape assessments under Revenue and Taxation Code section 532, su...

Marshall v. Webster  
Date: August 27, 2020
Docket Number: C088240

Justia Opinion Summary: Plaintiffs Richard and Susan Marshall sued for defamation and intentional infliction of emotional distress, alleging that defendant Daniel Webster made maliciously false and defamatory statements about them in an electro...

People v. Conatser  
Date: August 26, 2020
Docket Number: A154326

Justia Opinion Summary: In 2015, the defendant pled no contest to felony possession of a controlled substance for sale and admitted two prior drug-related convictions. The court sentenced him to two years on the possession offense and imposed t...

Morgado v. City and County of San Francisco  
Date: August 26, 2020
Docket Number: A157320

Justia Opinion Summary: The court of appeal previously concluded that San Francisco’s procedural approach to punishing Morgado for misconduct violated the Public Safety Officers Procedural Bill of Rights Act by not providing a valid avenue for...

Plaintiff v. Defendant  
Date: August 26, 2020
Docket Number: B296738

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying the employer's motion to compel arbitration. The court held that the employee demonstrated his assent to the arbitration clause by signing the acknowledgment,...

Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Co., Inc.  
Date: August 26, 2020
Docket Number: B297247

Justia Opinion Summary: Eisenberg filed suit alleging a claim under Section 7031 of the Business and Professions Code for disgorgement against Suffolk five years after Suffolk completed construction on Eisenberg's 108-unit assisted living facil...

Thurston v. Fairfield Collectibles of Georgia, LLC  
Date: August 26, 2020
Docket Number: E072909

Justia Opinion Summary: Plaintiffs Cheryl Thurston and Luis Licea (collectively Thurston) were California residents who purchased items from defendant Fairfield Collectibles of Georgia, LLC (Fairfield), a Georgia limited liability company, thro...

Marriage of Siva  
Date: August 25, 2020
Docket Number: A157554

Justia Opinion Summary: The parties had one teenage child, S.S. During their contentious dissolution proceedings, S.S. experienced serious issues. In January 2018, the trial court entered a judgment that provided for joint legal and physical cu...

Starks v. Vortex Industries, Inc.  
Date: August 25, 2020
Docket Numbers: B288005, B292643

Justia Opinion Summary: Under the Labor Code Private Attorneys General Act of 2004 (PAGA), an employee aggrieved by his or her employer's Labor Code violations may be authorized to act as an agent of the LWDA to recover such penalties in a civi...

People v. Byers  
Date: August 25, 2020
Docket Number: B295235

Justia Opinion Summary: After defendant petitioned for resentencing under Proposition 36 of the Three Strikes Reform Act of 2012, on his conviction of possession of a firearm with a prior, the trial court found that defendant was ineligible for...

People v. Nguyen  
Date: August 25, 2020
Docket Number: B298575

Justia Opinion Summary: Defendant, who pleaded guilty to second degree murder in 2006, appealed from an order denying his petition for resentencing under Penal Code section 1170.95. The Court of Appeal affirmed the denial of the petition, hol...

Golden Door Properties v. Superior Court
Date: August 25, 2020
Docket Number: D076605M
In re Shelton
Date: August 24, 2020
Docket Number: A154983M
Williams v. 3620 W. 102nd Street, Inc.  
Date: August 24, 2020
Docket Number: B297824

Justia Opinion Summary: Plaintiffs filed suit against defendants, the property owners, claiming that the property they rented had bed bugs and other problems. The property owners then moved to compel arbitration based on agreements in plaintiff...

Shih v. Starbucks Corp.  
Date: August 24, 2020
Docket Number: B299329

Justia Opinion Summary: Plaintiff filed suit against Starbucks after she spilled a cup of hot tea she purchased from a Starbucks store and suffered second degree burns, alleging causes of action for products liability and negligence. The Court...

Akopyan v. Superior Court of Los Angeles County  
Date: August 24, 2020
Docket Number: B304957

Justia Opinion Summary: The Court of Appeal granted a writ of mandate compelling the trial court to vacate its order granting real party in interest's peremptory challenge to Judge Anthony J. Mohr under Code of Civil Procedure section 170.6 fil...

King v. U.S. Bank National Assn.
Date: August 24, 2020
Docket Number: C085276M
Riverside County Transportation Comm. v. Southern Cal. Gas Co.  
Date: August 24, 2020
Docket Number: E069462

Justia Opinion Summary: The Riverside County Transportation Commission (Commission) sought to extend its Metrolink commuter rail line from Riverside to Perris, using the route of a preexisting rail line that it had acquired. At five points, how...

Lona v. City of Fullerton Police Dept.  
Date: August 24, 2020
Docket Number: G058257

Justia Opinion Summary: Ruben Lona admitted he had been a member of a criminal street gang, but claimed he left the gang in 2016. In 2018, invoking the procedure in Penal Code section 186.34, Lona asked the City of Fullerton Police Department (...

Frausto v. Department of the California Highway Patrol  
Date: August 21, 2020
Docket Number: A156552

Justia Opinion Summary: Cornejo died of a methamphetamine overdose at Highland Hospital after being arrested by California Highway Patrol officers during a traffic stop and observed to put in his mouth and swallow something that he insisted was...

In re I.M.  
Date: August 21, 2020
Docket Number: A156934

Justia Opinion Summary: While 17-year-old I.M. was a ward of the court and on probation, the District Attorney filed a supplemental Welfare and Institutions Code section 602(a) petition. I.M. admitted to a felony grand theft allegation; robbery...

Skinner v. Ken's Foods, Inc.  
Date: August 21, 2020
Docket Number: B299907

Justia Opinion Summary: The underlying lawsuit arose from plaintiffs' claim that Ken's salad dressing labels were deceptive. In June 2017, plaintiffs served Ken's with their prelawsuit notice and demand to remove claims about olive oil from the...

People v. Valdes  
Date: August 21, 2020
Docket Number: B300910

Justia Opinion Summary: Defendant appealed a judgment following his conviction for second degree robbery, with a finding that he used a deadly or dangerous weapon in the commission of the offense. After defendant was sentenced to an aggregate p...

California v. Belche  
Date: August 21, 2020
Docket Number: C088829

Justia Opinion Summary: Defendant Stephen Belche admitted violating probation in exchange for an agreed-upon sentence of three years on the original conviction. The trial court approved the admission agreement, formally revoked defendant’s prob...

People v. Contreraz  
Date: August 21, 2020
Docket Number: H045787

Justia Opinion Summary: Contreraz was charged with second-degree robbery, participation in a criminal street gang, carrying a concealed firearm, and resisting a peace officer. Contreraz pleaded guilty to second-degree robbery and assault by mea...

Davis v. Kozak
Date: August 20, 2020
Docket Number: A156234A
People v. Brooks  
Date: August 20, 2020
Docket Number: B300182

Justia Opinion Summary: After a jury found defendant guilty of five of the six counts alleged against him based on actions he took during and after a domestic dispute, the trial court also found true that defendant had suffered each of three pr...

Davis v. Kozak  
Date: August 19, 2020
Docket Numbers: A156234, A156238

Justia Opinion Summary: Davis filed sued individual Red Bull executives for age and sexual harassment and hostile work environment in violation of the Fair Employment and Housing Act, and for intentional and negligent infliction of emotional di...

People v. Townsend  
Date: August 19, 2020
Docket Number: A158082

Justia Opinion Summary: In 2005, Townsend was placed on felony probation. After violating his probation, he was sentenced to three years in prison. Townsend was released in September 2009, subject to a three-year parole term. Townsend absconded...

Fushan Li v. Department of Industrial Relations  
Date: August 19, 2020
Docket Number: B288104

Justia Opinion Summary: Plaintiff, the owner and operator of four massage parlors, received three citations from the Department for violations of California's wage and hour laws. The hearing officer issued findings and an order affirming all th...

Johnson v. Monsanto Co.
Date: August 18, 2020
Docket Number: A155940M
In re A.M.  
Date: August 18, 2020
Docket Number: A156432

Justia Opinion Summary: In 2016, A.M. became a ward of the Alameda County Juvenile Court and was placed on probation but absconded from his mother’s home. In 2017, A.M. admitted to assault with force likely to produce bodily injury in exchange...

Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC  
Date: August 18, 2020
Docket Number: A157688

Justia Opinion Summary: Since 1986, the GSW NBA basketball team has played their home games at the Authority's Oakland arena. A 1996 License Agreement gave GSW certain obligations to pay the debt incurred in renovating the arena if GSW “termina...

Pasos v. Los Angeles County Civil Service Commission  
Date: August 18, 2020
Docket Number: B291952M

Justia Opinion Summary: After the Department discharged plaintiff based on her failure to report another deputy's use of force against an inmate and her failure to seek medical assistance for the inmate, the Commission affirmed the discharge. H...

People v. Ochoa  
Date: August 18, 2020
Docket Number: B297183

Justia Opinion Summary: Applying the principles of Miller v. Alabama, (2012) 567 U.S. 460, the California Supreme Court in People v. Gutierrez, (2014) 58 Cal.4th 1354, 1361, held that Penal Code section 190.5, subdivision (b), which prescribes...

Georgeanne G. v. Superior Court  
Date: August 18, 2020
Docket Number: B301629

Justia Opinion Summary: The Court of Appeal granted an extraordinary writ of relief from the juvenile court's order at the 18-month permanency review hearing terminating mother's reunification services and setting a hearing pursuant to Welfare...

California v. McGee  
Date: August 18, 2020
Docket Number: C088342

Justia Opinion Summary: Defendant-appellant Tyrone McGee appealed after entering a no contest plea to being a felon in possession of a firearm. On appeal, he challenged the trial court’s denial of his motion to suppress evidence seized during a...

Hanna v. Little League Baseball  
Date: August 18, 2020
Docket Number: E070995

Justia Opinion Summary: Plaintiff Michael Hanna was declared to be a vexatious litigant under several subparts of the California Code of Civil Procedure section 391(b). As a result, and the trial court's determination that Hanna was not reasona...

Jarboe v. Hanlees Auto Group  
Date: August 17, 2020
Docket Number: A156411A

Justia Opinion Summary: Jarboe was hired by DKD. Shortly after he began working, Jarboe was transferred to Leehan. Following his termination at Leehan, Jarboe brought this wage and hour action individually and on behalf of a putative class agai...

In re Internet Lending Cases  
Date: August 17, 2020
Docket Number: A156573

Justia Opinion Summary: Rosas filed a representative action based on alleged participation in illegal internet payday loan practices. Defendant AMG is a wholly-owned tribal corporation of Miami Tribe, a federally recognized Indigenous American...

T.A.W. Performance, LLC v. Brembo, S.P.A.  
Date: August 17, 2020
Docket Numbers: A157400, A157841

Justia Opinion Summary: In 2014, Brembo, an Italian joint-stock corporation, headquartered in Italy, and TAW, a California LLC with its principal office in North Carolina, entered into an “Exclusive Distribution Agreement” covering brake system...

Buskirk v. Buskirk  
Date: August 17, 2020
Docket Number: B295648

Justia Opinion Summary: In this family dispute over a trust, the Court of Appeal reversed the trial court's dismissal based on lack of personal jurisdiction. The court held that the trial court erred because the trust had ample connections to C...

People v. The North River Insurance Co.  
Date: August 17, 2020
Docket Number: B295923

Justia Opinion Summary: North River and its bail agent, Bad Boys Bail Bonds, moved in superior court to set aside the summary judgment against them as void because it was entered by a different superior court judge from the one who had declared...

Felisilda v. FCA US LLC  
Date: August 17, 2020
Docket Number: C086043

Justia Opinion Summary: After encountering problems with their used 2011 Dodge Grand Caravan, plaintiffs Dina C. and Pastor O. Felisilda brought an action against Elk Grove Auto Group, Inc., doing business as Elk Grove Dodge Chrysler Jeep (Elk...

Martis Camp Community Assn. v. County of Placer  
Date: August 17, 2020
Docket Number: C087759

Justia Opinion Summary: In a consolidated appeal, defendant County of Placer decided to partially abandon public easement rights in Mill Site Road, a road that connected two adjacent residential subdivisions: Martis Camp (previously known as Si...

California v. Schaffer  
Date: August 17, 2020
Docket Number: E073302

Justia Opinion Summary: Defendant-appellant Andras Peter Schaffer was convicted and sentenced to three years in state prison in 2015 for failing to register as a sex offender. He was released on parole in 2016 on the condition he wear a GPS mon...

The People v. David C.  
Date: August 17, 2020
Docket Number: F079739

Justia Opinion Summary: Minor was adjudged a ward of the juvenile court for crimes he committed when he was 11 years old. Afterwards, Senate Bill No. 439 amended Welfare and Institutions Code section 602 to provide that any minor who is between...

Robinson v. Southern Counties Oil Co.  
Date: August 13, 2020
Docket Number: A158791

Justia Opinion Summary: Robinson worked as a truck driver for Southern in 2015-2017. In 2018, after filing a notice with the California Labor Workforce Development Agency, he filed suit under the Private Attorneys General Act (PAGA) (Lab. Code...

People v. Santos  
Date: August 13, 2020
Docket Number: B299844

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. Defendant alleged that the judge erred by ruling on the petition althoug...

Arnold v. Dignity Health  
Date: August 13, 2020
Docket Number: C087465

Justia Opinion Summary: Plaintiff-appellant Virginia Arnold appealed the grant of summary judgment in favor of her employer, defendant-respondent Dignity Health (Dignity) and other individually named defendants. Arnold was employed as a medical...

Bolger v. Amazon.com, LLC  
Date: August 13, 2020
Docket Number: D075738

Justia Opinion Summary: Plaintiff Angela Bolger bought a replacement laptop computer battery on the online shopping website operated by defendant Amazon.com, LLC. The listing for the battery identified the seller as “E-Life,” a fictitious name...

P. v. Ware
Date: August 12, 2020
Docket Number: D072515M
People for the Ethical Operation of Prosecutors etc. v. Spitzer  
Date: August 12, 2020
Docket Number: G057546

Justia Opinion Summary: According to the complaint, “Plaintiff/Petitioner the People for the Ethical Operation of Prosecutors and Law Enforcement . . . is an association of residents of Orange County that includes at least one member who pays p...

Marriage of Ankola  
Date: August 12, 2020
Docket Number: H045092

Justia Opinion Summary: Manish and Priyanka married in June 2014. The marriage was dissolved in September 2018. The court of appeal upheld the trial court’s order granting Priyanka’s request for a domestic violence restraining order (DVRO), Fam...

Abdulkadhim v. Wu  
Date: August 11, 2020
Docket Number: B298091

Justia Opinion Summary: After Jasim Al-Kuraishi was killed in a car accident, Al-Kuraishi's wife filed a wrongful death action against defendant and others. Defendant, while driving on the highway, changed lanes and passed a stopped vehicle in...

Crawford v. Comm. on Prof. Competence etc.  
Date: August 11, 2020
Docket Number: E071770

Justia Opinion Summary: In February 2017, students at Rubidoux High School (RHS) participated in a protest; approximately one quarter of the student body boycotted school for a day. Plaintiff-appellant, Patricia Crawford, a guidance counselor a...

California v. Lippert  
Date: August 11, 2020
Docket Number: E072688

Justia Opinion Summary: Defendant-appellant, David Lippert, filed a petition under Penal Code section 1170.95 to vacate his 2003 murder conviction. The parties stipulated that defendant made a prima facie showing that he “fall[s] within the par...

In re J.W.  
Date: August 11, 2020
Docket Number: E074079

Justia Opinion Summary: This case began when, in December 2016, plaintiff-respondent San Bernardino Children and Family Services (CFS) learned that Mother threatened to physically abuse J.W., the youngest of her two daughters, then one year old...

People v. Harrell  
Date: August 10, 2020
Docket Number: A156017

Justia Opinion Summary: Fairfield Officer Anderson testified that, while patrolling a residential neighborhood, he noticed a BMW parked on the street without license plates. He approached the car and saw that Harrell was asleep in the driver’s...

Archer v. Coinbase, Inc.  
Date: August 10, 2020
Docket Number: A157690

Justia Opinion Summary: Coinbase is an online digital currency platform that allows customers to send, receive, and store certain digital currencies. Archer opened a Coinbase account to purchase, trade, and store cryptocurrency. On October 23,...

Oak Valley Hospital Dist. v. Cal. Dept. of Health Care Services  
Date: August 10, 2020
Docket Number: C085869

Justia Opinion Summary: Four consolidated appeals presented a question of whether medical providers who provided services under California’s Medi-Cal program were entitled to reimbursement for the costs of providing in-house medical services fo...

California v. Mirmon  
Date: August 10, 2020
Docket Number: E072119

Justia Opinion Summary: In April 2010, a trial court sentenced defendant-appellant Richard Mirmon to 12 years in prison for attempted first degree burglary in Los Angeles County. On June 27, 2011, an information charged defendant with conspirac...

Blue Fountain Pools and Spas Inc. v. Superior Court  
Date: August 10, 2020
Docket Number: E074121

Justia Opinion Summary: Daisy Arias suffered sustained, egregious sexual harassment for most of the time she was employed by defendant-petitioner, Blue Fountain Pools & Spas, Inc. The primary culprit was defendant-petitioner, Sean Lagrave, a sa...

California v. Ogaz  
Date: August 10, 2020
Docket Number: G055726

Justia Opinion Summary: Defendant-appellant Ignacio Ogaz appealed a judgment sentencing him to prison for illegal drug activity. He contended his Sixth Amendment right to confront adverse witnesses was violated by the admission of certain drug...

Oh v. Teachers Insurance & Annuity Ass'n of America  
Date: August 7, 2020
Docket Number: B297567

Justia Opinion Summary: Plaintiffs filed suit against TIAA, and the companies that managed TIAA's property, after their son died when a hair care product he was handling at work exploded and he was engulfed in the resulting fire. In this case,...

C.W. Johnson & Sons, Inc. v. Carpenter  
Date: August 7, 2020
Docket Number: B300187

Justia Opinion Summary: After the trial court sustained without leave to amend a demurrer to a building contractor's second amended cross-complaint for breach of contract and quantum meruit based on the ground that the contractor was not licens...

California v. Tacardon  
Date: August 7, 2020
Docket Number: C087681

Justia Opinion Summary: Defendant Leon Tacardon was charged with possession of a controlled substance for sale, and misdemeanor possession of marijuana for sale. Evidence of these crimes was seized following an interaction with San Joaquin Coun...

California v. Cardenas  
Date: August 7, 2020
Docket Number: E070624

Justia Opinion Summary: A brief encounter between two groups of strangers in a restaurant parking lot at closing time ended in one man shot and killed. Three others were injured. Pedro Cardenas was one of the shooters, and convicted by jury tri...

Ghazarian v. Magellan Health  
Date: August 7, 2020
Docket Number: G057113

Justia Opinion Summary: Plaintiffs Rafi Ghazarian and Edna Betgovargez had a son, A.G., with autism. A.G. received applied behavior analysis (ABA) therapy for his autism under a health insurance policy (the policy) plaintiffs had with defendant...

Holley v. Silverado Senior Living Management  
Date: August 7, 2020
Docket Number: G058576

Justia Opinion Summary: Defendants Silverado Senior Living Management, Inc., and Subtenant 350 W. Bay Street, LLC dba Silverado Senior Living – Newport Mesa appealed a trial court's denial of its petition to compel arbitration of the complaint...

In re I.B.  
Date: August 7, 2020
Docket Number: G058814

Justia Opinion Summary: The trial court granted A.B.’s (Mother) Welfare and Institutions Code section 388 petition to return her three-year-old son (I.B.) to her care. The court ordered that I.B.’s older brother A.B. (five-years-old) would rema...

People v. Liggins  
Date: August 6, 2020
Docket Number: A156843

Justia Opinion Summary: Liggins violated the terms of his probation multiple times; each time it was reinstated with modified terms. Police responded to an alleged altercation between Liggins and his girlfriend, Roy, at 4:00 o’clock in the morn...

People v. Wilson  
Date: August 6, 2020
Docket Number: A158305

Justia Opinion Summary: In 2006, a jury found Wilson guilty of first-degree murder and second-degree robbery. Wilson had prior strike convictions and was sentenced to an aggregate term of 50 years to life. The court stayed consecutive sentences...

Golden State Seafood, Inc. v. Schloss  
Date: August 6, 2020
Docket Number: B295937

Justia Opinion Summary: GSS filed suit for malicious prosecution and unfair business competition against defendant and his attorney, alleging that the attorney filed a prior lawsuit against GSS on behalf of his client, knowing that he lacked pr...

In re S.P.  
Date: August 6, 2020
Docket Number: B302636

Justia Opinion Summary: A juvenile court has the authority to order vaccinations for dependent children under its jurisdiction. Recently enacted Health and Safety Code section 120372, subdivision (d)(3)(C) provides that a state public health of...

Pico Neighborhood Assn. v. City of Santa Monica
Date: August 5, 2020
Docket Number: B295935M
Abatti v. Imperial Irrigation District
Date: August 5, 2020
Docket Number: D072850M
Granny Purps, Inc. v. County of Santa Cruz  
Date: August 5, 2020
Docket Number: H045387

Justia Opinion Summary: Granny Purps grows and provides medical marijuana to its 20,000 members, in compliance with state laws governing the production and distribution of marijuana for medical purposes. Santa Cruz County’s ordinance prohibits...

People v. Lawson  
Date: August 4, 2020
Docket Number: A154481

Justia Opinion Summary: In 2007, Lawson brutally raped and sodomized Victim C. A year later, she saw Lawson and called the police, who came to her location and detained him. C participated in a field show-up and identified Lawson as the rapist...

People v. Galvan  
Date: August 4, 2020
Docket Number: B300323

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's petition for resentencing under Penal Code section 1170.95 on his murder conviction. The trial court found that defendant was ineligible for relief bec...

People v. Barton  
Date: August 4, 2020
Docket Number: F076599A

Justia Opinion Summary: In September 2017, defendant pleaded guilty to furnishing methamphetamine and maintaining a place for the sale of a controlled substance. On October 23, 2017, defendant was sentenced. In the interim, on October 11, 2017,...

People v. Nash  
Date: August 4, 2020
Docket Number: F079509

Justia Opinion Summary: Defendant, who was under 18 years old at the time of the crime, was convicted of first degree felony murder with the special circumstance finding that the murder was committed while defendant was engaged in the commissio...

In re Febbo  
Date: August 4, 2020
Docket Number: G057667

Justia Opinion Summary: Rick Ryan Febbo was deemed ineligible for early parole consideration because he was serving a sentence and has prior convictions for indecent exposure, an offense requiring registration as a sex offender under California...

Graylee v. Castro  
Date: August 4, 2020
Docket Number: G057901

Justia Opinion Summary: Defendants-tenants John and Rosa Castro (the tenants) leased a residential property from plaintiff-landlord Fred Graylee. The landlord brought an unlawful detainer action against the tenants, alleging they owed him $27,1...

Rallo v. O'Brian  
Date: August 3, 2020
Docket Number: B290526

Justia Opinion Summary: This appeal arose from judgments entered after the trial court sustained demurrers without leave to amend to two probate petitions filed by the adult children of actor Hugh O'Brian. The adult children each claim a right...

People v. Cole  
Date: August 3, 2020
Docket Number: B304329

Justia Opinion Summary: The Court of Appeal held that the constitutional underpinnings of People v. Wende (1979) 25 Cal.3d 436, do not apply to appeals from the denial of postconviction relief. Therefore, the procedure the court and other court...

D.P. v. The Superior Court of Los Angeles County  
Date: August 3, 2020
Docket Number: B306181

Justia Opinion Summary: After the juvenile court declared the children dependents of the court under Welfare and Institutions Code section 300 and before the juvenile court's review hearing, Governor Newsom declared a state of emergency due to...

In re S.P.  
Date: July 31, 2020
Docket Number: B302804

Justia Opinion Summary: Father appealed from the juvenile court's order terminating his parental rights to his child, challenging the denial of his Welfare and Institutions Code section 388 petition. Father sought to vacate all relevant jurisdi...

California Disability Services Assn. v. Bargmann  
Date: July 31, 2020
Docket Number: C088493

Justia Opinion Summary: Petitioners California Disability Services Association; Horrigan Cole Enterprises, Inc., doing business as Cole Vocational Services; Unlimited Quest, Inc.; Loyd’s Liberty Homes, Inc.; and First Step Independent Living Pr...

California v. Ware  
Date: July 31, 2020
Docket Number: D072515

Justia Opinion Summary: Appellants Dionte Simpson, Victor Ware, and Nicholas Hoskins were members of 5/9 Brim (Brim), a criminal street gang in San Diego that was a set of the Bloods gang. The Neighborhood Crips (NC) and West Coast Crips (WCC),...

California v. Brown  
Date: July 31, 2020
Docket Number: D075476

Justia Opinion Summary: Jonas Brown was tried for his involvement in three gang-related shootings. Tremayne Jones, a member of the Skyline gang and a confidential informant, died in the third incident. Among other counts, Brown was convicted by...

People v. Herrera  
Date: July 31, 2020
Docket Number: H046631

Justia Opinion Summary: In 2018, Herrera was convicted of possession of marijuana in jail (Pen. Code 4573.6(a)). The jury found true allegations that he had suffered a prior strike conviction and that he had served three prior prison terms. The...

Rutgard v. City of Los Angeles  
Date: July 30, 2020
Docket Number: B297655

Justia Opinion Summary: A public entity desiring to retain condemned property under Code of Civil Procedure section 1245.245 has to "adopt" its initial and reauthorization resolutions within 10 years of each other; section 1245.245 uses the dat...

Golden Door Properties, LLC v. Super. Ct.  
Date: July 30, 2020
Docket Number: D076605

Justia Opinion Summary: Under California Public Resources Code section 21167.6, documents "shall" be in the record in a CEQA challenge to an environmental impact report (EIR). The County of San Diego (County), as lead agency for the Newland Sie...

Roche v. Hyde
Date: July 29, 2020
Docket Number: A150459M
Reeder v. Specialized Loan Servicing LLC  
Date: July 29, 2020
Docket Number: B296148

Justia Opinion Summary: After plaintiff lost an investment property to foreclosure, he filed suit against the lender and its assignee, as well as the loan servicer, alleging breach of contract, wrongful foreclosure and three fraud claims. Plain...

California v. King  
Date: July 29, 2020
Docket Number: D076258

Justia Opinion Summary: Defendant-appellant Simon King appealed an order denying his petition for recall of sentence pursuant to Penal Code section 1170.91 (b), which provided for resentencing of military members or veterans suffering from cert...

Steciw v. Petra Geosciences, Inc.  
Date: July 29, 2020
Docket Number: G057375

Justia Opinion Summary: In 2014, plaintiffs filed suit against defendants Shappell Industries and Toll Brothers, Inc. (the Developer) for construction defects arising out of the construction of two residences in a community called San Joaquin H...

King v. U.S. Bank National Assn.  
Date: July 28, 2020
Docket Number: C085276

Justia Opinion Summary: A jury returned verdicts in favor of plaintiff Timothy King against defendant U.S. Bank National Association (U.S. Bank) for defamation, wrongful termination in violation of public policy, and breach of the implied coven...

Alston v. Dawe  
Date: July 28, 2020
Docket Number: G057157

Justia Opinion Summary: Paul Copenbarger and Kent McNaughton formed Newport Harbor Offices & Marina, LLC (NHOM) in 2003 to acquire an office building in Newport Beach. McNaughton and Copenbarger were equal owners and the sole members of NHOM. C...

Pasos v. Los Angeles County Civil Service Commission  
Date: July 27, 2020
Docket Number: B291952

Justia Opinion Summary: After the Department discharged plaintiff based on her failure to report another deputy's use of force against an inmate and her failure to seek medical assistance for the inmate, the Commission affirmed the discharge. H...

People v. Braley  
Date: July 27, 2020
Docket Number: B299905

Justia Opinion Summary: The Court of Appeal reversed and remanded the trial court's order denying a petition for recall and resentencing on a prior serious or violent felony and to be considered for elderly parole. The court held that the tri...

People v. Collins  
Date: July 24, 2020
Docket Number: A157466

Justia Opinion Summary: T.W.’s daughter, T.S., was born in October 1997. T.W. met Collins in January 2010. Nine months later Collins and T.W. were married. Collins attempted aggravated sexual assault on T.S., who eventually gave up fighting bac...

Bautista v. Fantasy Activewear, Inc.  
Date: July 24, 2020
Docket Numbers: B297070, B299768

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying Fantasy's petitions to compel arbitration in two actions involving substantially similar wage and hour allegations. Plaintiffs both signed settlement agreement...

Storm v. The Standard Fire Insurance Co.  
Date: July 24, 2020
Docket Number: B299277

Justia Opinion Summary: In an action arising from an underinsured motorist arbitration, the Court of Appeal reversed the trial court's order striking plaintiff's memorandum of costs and remanded the matter with directions for the trial court to...

Serena M. v. Superior Court of Fresno County  
Date: July 24, 2020
Docket Number: F080612

Justia Opinion Summary: The Court of Appeal granted mother's petition for an extraordinary writ from the juvenile court's orders terminating reunification services and setting a Welfare and Institution Code section 366.26 hearing as to her daug...

Carter v. Pulte Home Corp.  
Date: July 23, 2020
Docket Number: A154757

Justia Opinion Summary: Pulte, a residential developer, was sued for construction defects by the owners of 38 homes. Many subcontractors worked on the projects, under contracts requiring each subcontractor to indemnify Pulte and to name it as a...

In re Shelton  
Date: July 23, 2020
Docket Number: A154983A

Justia Opinion Summary: Shelton, serving a life sentence for a 1991 second-degree murder, sought habeas corpus relief after being denied parole in 2016, and again in 2018, arguing that the Board of Parole Hearings failed to apply controlling le...

Garner v. Inter-State Oil Co.  
Date: July 23, 2020
Docket Number: C088374

Justia Opinion Summary: Chris Garner sued Inter-State Oil Company alleging employment claims and seeking certification of a class action. Based on an arbitration agreement between Garner and Inter-State Oil, the trial court granted Inter-State...

Smith v. Super. Ct.  
Date: July 23, 2020
Docket Number: C088817M

Justia Opinion Summary: Petitioner Shaun Smith, as an indigent defendant representing himself in propria persona (pro. per.) in a pending criminal action, petitioned for a writ of mandate, prohibition, or other appropriate relief (petition) aga...

Ben-E-Lect v. Anthem Blue Cross Life and Health Ins. Co.
Date: July 22, 2020
Docket Number: A152080M
California v. Hubbard  
Date: July 22, 2020
Docket Number: C088149

Justia Opinion Summary: Defendant Dwayne Hubbard was convicted by jury for felony indecent exposure for exposing himself in front of a student leaving class at Cosumnes River College. On appeal, he argued, amongst other things, that the prosecu...

Estes v. Eaton Corp.
Date: July 21, 2020
Docket Number: A152847M
Universal Home Improvement, Inc. v. Robertson
Date: July 21, 2020
Docket Number: A157067M
In re T.S.  
Date: July 21, 2020
Docket Number: B293453

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's orders terminating jurisdiction over 10 year old T.S. and six year old Christian pursuant to Welfare and Institutions Code section 364, granting sole legal and physical c...

Torrecillas v. Fitness International, LLC  
Date: July 21, 2020
Docket Number: B296194

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of Fitness's motion to compel arbitration in an employment dispute with plaintiff. The court held that the arbitration agreement was not procedurally unconscionable w...

Moreno v. Cal. State Teachers' Retirement System  
Date: July 21, 2020
Docket Number: C089558

Justia Opinion Summary: The California State Teachers’ Retirement System (CalSTRS) determined that Ernest Moreno’s retirement benefits had been incorrectly calculated and initiated proceedings to adjust Moreno’s retirement benefits and collect...

Hein v. Hein  
Date: July 21, 2020
Docket Number: F076581

Justia Opinion Summary: In this marital dissolution case, mother contends that the trial court did not properly determine father's annual gross income under Family Code section 4058 and thus erred in calculating the amount of child support owed...

Johnson v. Monsanto Co.  
Date: July 20, 2020
Docket Number: A155940

Justia Opinion Summary: Johnson, a school district’s grounds manager and a heavy user of Roundup herbicides made by Monsanto, sued Monsanto after contracting non-Hodgkin’s lymphoma. The jury found that Monsanto failed to adequately warn of its...

People v. Munch  
Date: July 20, 2020
Docket Number: B296380

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for three counts of forcible lewd acts upon a child; forcible sexual penetration; aggravated sexual assault on a child and four counts of lewd acts on a child. In th...

Collie v. The Icee Co.  
Date: July 20, 2020
Docket Number: E071654

Justia Opinion Summary: The Icee Company and J & J Snack Foods Corp. (collectively, Icee) appealed a trial court’s order denying their motion to compel arbitration of a dispute with a former employee. The employee, Taraun Collie, alleged a sing...

Wolf v. Weber  
Date: July 17, 2020
Docket Number: A157937

Justia Opinion Summary: Wolf and her husband were walking with their dog in Tilden Regional Park. Dogs are allowed off-leash in this area, under their owners’ control. Weber and Cenek were walking on the same trail with Luigi, a “large” Argenti...

California v. Barton  
Date: July 17, 2020
Docket Number: D072639

Justia Opinion Summary: Jeffrey Barton was convicted by jury on five counts of forcible oral copulation, and one count of forcible sodomy. The jury reached its verdict only after the trial court discharged a holdout juror, Juror No. 12, after i...

Church v. San Mateo County Assessment Appeals Board  
Date: July 16, 2020
Docket Number: A155034

Justia Opinion Summary: The San Mateo County Assessment Appeals Board invalidated escape assessments imposed by the County Assessor based on the value of machinery and equipment (M&E) at Genentech’s San Mateo County facility. The fair market va...

Altizer v. Highsmith  
Date: July 16, 2020
Docket Number: A157921

Justia Opinion Summary: In 1995, 17 plaintiffs sued the Highsmiths on several promissory notes. The parties entered into a stipulation; a single judgment was entered in favor of the plaintiffs in various amounts. In 2005, an attorney representi...

Savaikie v. Kaiser Foundation Hospitals  
Date: July 16, 2020
Docket Number: B291120

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of Kaiser in an action brought by plaintiffs, alleging that Kaiser was vicariously liable for a driver who hit and killed plaintiffs' son. The driver drove...

Abatti v. Imperial Irrigation Dist.  
Date: July 16, 2020
Docket Number: D072850

Justia Opinion Summary: The Imperial Irrigation District (District) supplied water from the Colorado River system to California's Imperial Valley, holding its water rights in trust for the benefit of its users, and was empowered by California l...

California v. Financial Casualty & Surety, Inc.  
Date: July 16, 2020
Docket Number: E072188

Justia Opinion Summary: Defendant-appellant Financial Casualty & Surety, Inc. (Surety), appealed an order denying its motion to set aside the summary judgment against Surety on a $25,000 bail bond. Surety claimed the court did not have jurisdic...

Aixtron, Inc. v. Veeco Instruments Inc.  
Date: July 16, 2020
Docket Number: H045126

Justia Opinion Summary: Saldana resigned from his position at Veeco and went to work for a competitor, Aixtron. Veeco initiated arbitration proceedings against Saldana under an arbitration clause in his employee confidentiality agreement, alleg...

People v. Bowen  
Date: July 15, 2020
Docket Number: A155630

Justia Opinion Summary: Bowen was charged with attempted murder and assault with a deadly weapon. With count one, the information alleged personal use of a deadly and dangerous weapon, a knife, and that Bowen committed the attempted murder will...

People v. Arias  
Date: July 15, 2020
Docket Number: A156360

Justia Opinion Summary: In 2006, Alonzo attempted to steal Packnett’s cell phone. Someone else approached and stabbed Packnett while Alonzo was grappling with Packnett’s friend, Hopkins. The man ran around the car and stabbed Hopkins, who lat...

Gerawan Farming, Inc. v. Agricultural Labor Relations Board  
Date: July 15, 2020
Docket Number: F077033

Justia Opinion Summary: The Court of Appeal denied the petition for review challenging the Board's finding that Gerawan committed unfair labor practices by (1) engaging in bad faith "surface bargaining," and (2) insisting on the exclusion of wo...

Mattei v. Corporate Management Solutions, Inc.  
Date: July 14, 2020
Docket Number: B291377

Justia Opinion Summary: Members of IATSE, lighting technicians, filed suit against CMS for wage-and-hour violations under the California Labor Code incurred in the 2016 production of a television commercial for Ulta Beauty. The superior court g...

Vasquez v. LBS Financial Credit Union  
Date: July 14, 2020
Docket Number: B292390

Justia Opinion Summary: In a quiet title action, the Court of Appeal affirmed the trial court's judgment in favor of homeowners and Brighten Lending. The court held that the homeowners did not have inquiry or constructive notice of the LBS abst...

Smith v. Superior Court  
Date: July 14, 2020
Docket Number: C088817

Justia Opinion Summary: Petitioner Shaun Smith filed, as an indigent defendant representing himself in propria persona (pro. per.) in a pending criminal action, a petition for writ of mandate, prohibition, or other appropriate relief against re...

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