California Courts of Appeal Decisions 2020

Justia Opinion Summary: Raymundo M. was charged in juvenile court with assault with a deadly weapon, making a criminal threat, and brandishing a weapon after he raised a switchblade-like knife head-high and chased another minor while orally…

Justia Opinion Summary: Braun sought coverage for numerous asbestos-related claims under various excess insurance policies. In phased proceedings lasting over 10 years, the trial court entered judgment in favor of the excess insurers based on…

Justia Opinion Summary: Following extensive online communications, including sharing sexually explicit pictures, Collom was arrested while arriving at a meeting with an undercover officer who was posing as a 14-year-old girl. Collom was…

Justia Opinion Summary: Appellant-defendant Joanna Gomez appealed an order summarily denying her petition to vacate her 2009 murder conviction and to be resentenced on any remaining counts under Penal Code section 1170.95. She argued: (1) the…

Justia Opinion Summary: After police found thousands of photographs and videos containing child pornography, defendant Joseph Hishmeh was eventually charged in an information with two counts of using his finger to sexually penetrate the victim…

Justia Opinion Summary: Saw worked for Avago’s Malaysian subsidiary and could acquire ordinary shares and stock options of Avago stock under a management shareholders' agreement governed by the laws of Singapore. The agreement allowed Avago to…

Justia Opinion Summary: In May 2020, the chairs of the California Assembly and Senate committees that consider election-related matters prepared a formal letter to Governor Gavin Newsom indicating they were working on legislation to ensure…

Justia Opinion Summary: After plaintiff was injured while performing work in the Adult Offender Work Program (AOWP), he filed suit against the county for its failure to accommodate his preexisting physical disability and failure to engage in…

Justia Opinion Summary: In a consolidated opinion, the Court of Appeal decided two appeals currently pending related to a proposed waterfront development project in the City of Redondo Beach. In the published portion of the opinion, the court…

Justia Opinion Summary: Plaintiffs filed suit alleging that the City of Santa Monica's system of at-large voting to elect its City Council discriminated against Latinos. The trial court agreed and ordered the City to switch to district-based…

Justia Opinion Summary: The parties’ arbitration agreement purported to waive class actions and any “other representative action” (the representative waiver). There was no dispute that this representative waiver was broad enough to cover a…

Justia Opinion Summary: Soto was convicted of second-degree murder in 1996. The court of appeal affirmed. He unsuccessfully moved to vacate his murder conviction and be resentenced under Penal Code section 1170.95, citing Senate Bill No. 1437,…

Justia Opinion Summary: The lack of initials next to a jury waiver contained in an arbitration agreement, even though the drafter included lines for the initials, is of no legal consequence in this case. After plaintiff filed an…

Justia Opinion Summary: In 2013 the Carcinogen Identification Committee (Committee) voted to list the chemical diisononyl phthalate (DINP) as a cancer causing chemical. DINP was used to soften vinyl for use in flooring, wire insulation, gloves,…

Justia Opinion Summary: Eskaton, Eskaton Village-Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities) were related corporations that developed and support common interest developments for older adults…

Justia Opinion Summary: Plaintiff Christi McAlpine filed a medical malpractice action against defendant Dr. Daniel Norman for injuries she suffered as a result of colonoscopies performed on her in 2015. In 2018, with trial approaching, Norman…

Justia Opinion Summary: Alviso filed suit against numerous parties, including Wells Fargo, that were allegedly involved in a sham transaction by which a seller purported to sell a property to a buyer who obtained a mortgage loan from Aviso to…

Justia Opinion Summary: In 1990, real parties in interest Donald R. Ferraro and Roger Hunter pled guilty to second degree murder based on the same incident. In 2019, they each filed a petition for resentencing under the then-newly enacted Penal…

Justia Opinion Summary: Ben-E-Lect, a third-party insurance claim administrator, developed a medical expense reimbursement plan; employers could buy a group policy of medical insurance with a high deductible and self-fund to pay for the…

Justia Opinion Summary: Where, as here, an arbitrator issues a series of rulings during an arbitration proceeding, a court determines which rulings constitutes an "award" by (1) asking whether the ruling (a) determines all issues necessary to…

Justia Opinion Summary: Plaintiffs filed suit against Mentor, alleging causes of action for negligence and negligence per se based on Mentor's negligent failure to warn and negligent manufacturing of breast implants, strict products liability…

Justia Opinion Summary: In 2006, Ram’s Gate purchased a Sonoma County winery from the Roches. Ram’s Gate later sued the Roches for breach of contract, fraud, and negligent nondisclosure, claiming they withheld seismic information about the…

Justia Opinion Summary: Plaintiff filed a petition for writ of mandate under Code of Civil Procedure section 1094.5, seeking to overturn the decision to keep his name on the Child Abuse Central Index. The Court of Appeal reversed the trial…

Justia Opinion Summary: Plaintiffs Sukru and Gulay Bayramoglu, like many others, sought to modify their home loan in the midst of the 2008 financial crisis. They eventually succeeded in doing so in late 2011, obtaining a lower interest rate and…

Justia Opinion Summary: In 1994, Chavez was convicted by plea of assault with intent to commit rape, a sex offense requiring sex offender registration under Penal Code section 290 He was sentenced to nine years in state prison. In 1999, Chavez…

Justia Opinion Summary: In 2006, Adams obtained a loan secured by a deed of trust against Vallejo residential property. Adams obtained a loan from an individual, Gallegos, secured by a separate deed of trust recorded against the same property.…

Justia Opinion Summary: David worked as an RN at QVMC from 2005-2015, as an hourly employee. David clocked in and out of work using an electronic timekeeping system that automatically rounded time entries up or down to the nearest…

Justia Opinion Summary: In the November 2018 general election, 61percent of San Francisco voters voted for Proposition C, entitled “Additional Business Taxes to Fund Homeless Services.” San Francisco filed suit to establish that Proposition C…

Justia Opinion Summary: As Walker neared the end of a state prison commitment, the People filed a petition to commit him civilly as a sexually violent predator (SVP), supported by two psychologists' evaluations. The evaluations noted Walker’s…

Justia Opinion Summary: Petitioner Jacquelyn Webster, was convicted by jury of two misdemeanor offenses. She was placed on summary probation for two years and ordered not to violate any laws, complete 200 hours of community service, and pay a…

Justia Opinion Summary: Eghtesad’s pro se complaint claimed that he leased property to Martinez; State Farm issued Martinez a fire and liability insurance policy; Eghtesad was named on the policy as an additional insured; Eghtesad sought…

Justia Opinion Summary: Estes worked as an electrician in two Bay Area naval shipyards and was exposed to asbestos-containing products manufactured or supplied to the Navy by approximately 50 companies. Later, he developed asbestos-related…

Justia Opinion Summary: The Paula Trust, established for the sole benefit of Medeiros, a California resident, has two cotrustees—a California resident and a Maryland resident. Paula Trust held a limited partnership interest in Syufy, which in…

Justia Opinion Summary: In 2016-2018 several actions and cross-actions were filed by substantially the same parties concerning a law partnership and other businesses Wittenberg filed one lawsuit, asserting individual and derivative causes of…

Justia Opinion Summary: A toll increase for seven Bay Area bridges that was submitted to the voters as Regional Measure 3 in 2018, and approved by a 55 percent majority. Revenue from the toll increase is to be applied toward various designated…

Justia Opinion Summary: Plaintiff filed suit against Regents after UCSB placed him on interim suspension pending its investigation into an allegation of dating-relationship violence and then delayed completion of the investigation, in violation…

Justia Opinion Summary: Plaintiff, the beneficiary of a living trust established by John W. Martin on February 11, 2009, appealed from an order finding that the trust was properly revoked and is therefore invalid. In this case, Martin revoked…

Justia Opinion Summary: Hill, Olive, and Mesa, appealed the trial court's denial of petitions for writ of mandate and related declaratory and injunctive relief challenging the City of Los Angeles's June 2017 establishment of the Downtown Center…

Justia Opinion Summary: Penal Code section 1170.95 as enacted by Senate Bill No. 1437 did not unconstitutionally amend Proposition 7 or Proposition 115. Section 1170.95 is a new legislative statute that allows certain eligible defendants…

Justia Opinion Summary: Wife Carolyn Mullonkal and husband Sithaj Kodiyamplakkil were married for three years and five months. Husband appealed the judgment of dissolution and some post judgment orders, contending: (1) the community was…

Justia Opinion Summary: Defendant Isiah Campbell was convicted by jury on three counts of pimping and 11 counts of pandering. On appeal, he argued his convictions should have been reversed for a variety of reasons, including improper venue,…

Justia Opinion Summary: Subdivision (j)(1) of Code of Civil Procedure section 527.6 provides that civil harassment restraining orders are subject to modification or termination on the motion of a party, but does not specify the grounds for…

Justia Opinion Summary: Ruiz was convicted of three counts of sex crimes he committed against his minor daughter and was sentenced to 44 years to life. The court of appeal affirmed the convictions for continuous sexual abuse of a child under…

Justia Opinion Summary: Sean Duffy was convicted by jury of numerous counts related to his possession of a stolen firearm. The trial court found true three prior prison term enhancement allegations. The trial court sentenced defendant to an…

Justia Opinion Summary: Plaintiff Sofia Barriga filed this lawsuit against 99 Cents Only Stores LLC, (99 Cents) individually, and on behalf of similarly situated current and former nonexempt employees of 99 Cents hired before October 1, 1999,…

Justia Opinion Summary: The county petitioned for a writ of mandate to reverse an administrative hearing decision in favor of plaintiffs, two sheriff's deputies, who alleged that their reassignments violated both the Memorandum of Understanding…

Justia Opinion Summary: A "subtle" question concerning entitlement to attorney fees raised by this appeal was one of first impression for the Court of Appeal. In a separate lawsuit filed at Superior Court, plaintiffs obtained a judgment for…

Justia Opinion Summary: After the end of their relationship, former domestic partners Keith McCord and Celeste Smith each asked the trial court for a domestic violence restraining order (DVRO) against the other. The court granted Smith’s…

Justia Opinion Summary: Castellanos was charged with transporting a controlled substance from one county to another noncontiguous county and possession of a controlled substance for sale. Castellanos pleaded no contest to count 1 in exchange…

Justia Opinion Summary: Penal Code section 1170.95, which became effective in January 2019, changed the application of the felony murder and natural and probable consequences theories of murder liability. It entitles certain defendants to…

Justia Opinion Summary: The California Environmental Quality Act (Pub. Resources Code 21000; CEQA) requires public universities to mitigate the environmental impacts of their growth and development, including student enrollment increases. To…

Justia Opinion Summary: The Public Employment Relations Board (PERB) granted University Professional and Technical Employees' (UPTE's) petition for unit modification to add a new classification, systems administrators, into a preexisting…

Justia Opinion Summary: Plaintiff appealed from a judgment denying his petition for writ of mandate, contending that the trial court misinterpreted the conditions placed on the approved vesting tentative map for a small subdivision he is…

Justia Opinion Summary: In 2006, Alaybue pleaded no contest to two counts of second-degree murder (Pen. Code, 187) and two counts of attempted murder (sections 187, 664(a)) and admitted a gang allegation for each count. Alaybue was sentenced to…

Justia Opinion Summary: UHI and Lavine, its president, sued five defendants for fraudulent transfer. Following a two-day bench trial, the court held that the transfer was made in satisfaction of an antecedent debt, and entered judgment for…

Justia Opinion Summary: On March 13, 2020, as the COVID-19 pandemic took hold in California, the Superior Court of Contra Costa County announced it would be closed to the public between March 16 and April 1 and ceased conducting most, but not…

Justia Opinion Summary: After plaintiff was attacked suddenly, and without provocation, by two other men at a Phi Mu sorority party at SCUN, he filed suit against members of Phi Mu alleging a claim for negligence based on their alleged failure…

Justia Opinion Summary: Defendant Stephen Bradley was committed to the custody of the Department of State Hospitals for treatment and confinement as a sexually violent predator. Due to a series of continuances, defendant’s commitment trial did…

Justia Opinion Summary: Plaintiff Andrew Pankey (Andrew) filed a products liability claim against Petco Animal Supplies, Inc., after his son Aidan contracted a rare bacterial infection from a rat purchased at Petco. Aidan later died as a result…

Justia Opinion Summary: Plaintiffs, Konica service technicians, were required to drive their personal vehicles, containing Konica’s tools and parts, to customer sites. Technicians did not report to an office but usually drove from home to the…

Justia Opinion Summary: In 1995, E. pleaded guilty to oral copulation with a minor. He successfully completed his probation. In 2011, he sought relief under Penal Code 1203.4. The superior court permitted E. to withdraw his guilty plea and…

Justia Opinion Summary: Respondent Tyson Mayfield had an extensive criminal record that included multiple acts of violence against racial minorities. As a third-strike defendant, respondent was facing a mandatory prison sentence of 25 years to…

Justia Opinion Summary: The Private Attorney General Act (Labor Code 2698) allows an employee, as a proxy for state enforcement agencies, to sue an employer on behalf of herself and other aggrieved employees for Labor Code violations. When the…

Justia Opinion Summary: Bauer, an entertainment magazine publisher, appealed the denial of its special motion to strike the amended complaint of plaintiffs, Richard Simmons and Teresa Reveles. Simmons is a self-described health and fitness guru…

Justia Opinion Summary: Stanford Vina Ranch Irrigation Company (Stanford Vina) sued the California Water Resources Control Board (the Board), among other defendants, challenging the Board’s issuance of certain temporary emergency regulations in…

Justia Opinion Summary: Abelardo Martinez, who was blind, brought an action against San Diego County Credit Union (Credit Union) claiming its website was incompatible with software permitting him to read website content. He alleged this defect…

Justia Opinion Summary: In a prior appeal, the Court of Appeal vacated a default judgment entered in favor of plaintiff Airs Aromatics, LLC (Airs), concluding the trial court was without jurisdiction to award damages in excess of that demanded…

Justia Opinion Summary: While walking one evening in San Diego's College Area, Defendants Lula Sophia Gong Cotsirilos and Tess Elisabet Edman were stopped and cited for underage possession of alcohol in a public place. Although the State filed…

Justia Opinion Summary: The applicable standard of proof for the elements of causation and damages in a "settle and sue" legal malpractice action is the preponderance of the evidence standard. In this case, defendant, the attorney, contends…

Justia Opinion Summary: In 2009, 731 Market leased the ground floor of its commercial building to CVS for a term of 45 years. Once the lease was recorded with the City and County of San Francisco, a “Real Property Transfer Tax” was paid under…

Justia Opinion Summary: Objector, a conservatee subject to conservatorship under the Lanterman-Petris-Short Act, contested the petition to reappoint a public guardian as his conservator. On appeal, objector contends the trial court violated…

Justia Opinion Summary: The attempted replacement of a fence led defendant Yi Chih Chen to threaten his neighbors with a shotgun. Following a jury trial, defendant was acquitted on felony charges but convicted on a misdemeanor brandishing…

Justia Opinion Summary: Defendant Navigators Specialty Insurance Company (Navigators) appealed a trial court order denying its special motion to strike under California’s anti-SLAPP statute. Plaintiff Trilogy Plumbing, Inc. (Trilogy) alleged…

Justia Opinion Summary: In October 2018, S.J. (born September 2001) consumed alcohol and drove. He veered off the road and hit a parked car and a fence. Responding officers observed signs of intoxication. A breath test showed S.J.’s…

Justia Opinion Summary: Mother challenged three juvenile court orders regarding her sons. The Court of Appeal held that the juvenile court committed reversible error when it denied mother's modification petition, because she established a…

Justia Opinion Summary: Defendant Jessie Reneaux was convicted by jury of inflicting corporal injury on his girlfriend, L.E., with whom he was cohabiting, guilty of false imprisonment of his girlfriend, and guilty of dissuading his girlfriend…

Justia Opinion Summary: The State of California, represented by the San Diego County District Attorney, appealed the dismissal of all criminal charges against defendants Mario Aguilera, Jesus Castaneda, Ricardo Eaton, Daniel Gracia, William…

Justia Opinion Summary: Petitioner Bill Sandlin filed a petition for mandamus relief to challenge the candidate statements submitted by Real Parties in Interest Ed Pope, Jaci Woods, and Frank McGill (Real Parties) in their candidacy for…

Justia Opinion Summary: Verrazono was seriously injured when a rough terrain forklift he was operating tipped over. He sued the manufacturer. The jury returned a defense verdict, finding the forklift was not defective and the manufacturer was…

Justia Opinion Summary: Gutierrez, a former Brand employee, sued Brand in a proposed class action for nonpayment of pre-shift employer-mandated travel time, citing Labor Code and Business and Professions Code provisions. The trial court granted…

Justia Opinion Summary: Ricardo and Cole were arguing about their relationship. Ricardo demanded to see Cole's phone. Standing in an alley, they exchanged cell phones. Ricardo saw a text message indicating that Cole did not intend to repay…

Justia Opinion Summary: In 2010, an 80-year-old woman was shot and killed during a burglary of her home. Three defendants, including Howard, were charged. Howard was convicted of first-degree murder with a felony-murder special circumstance and…

Justia Opinion Summary: Defendants Rayford and Glass were convicted of 11 counts of attempted willful, deliberate, and premeditated murder and one count of shooting at an inhabited dwelling based on their participation in a 2004 shooting. The…

Justia Opinion Summary: After the verdict in this case, a juror asserted that during the trial he had been visited at home by a man who purported to be the brother of one of the defendants, causing the juror to be scared. The trial court denied…

Justia Opinion Summary: Terrence Brownlee was 19 years old when he was sentenced to 17 years to life in state prison for second degree murder committed with a firearm. The Court of Appeal held that Brownlee was not entitled to a youth…

Justia Opinion Summary: Following a fatal alcohol-related car crash, a jury convicted Jones of two counts of second-degree murder. Jones claims that the court erred in discharging Juror 10 who felt coerced or bullied by Juror 9, who had…

Justia Opinion Summary: Officer Walker, responding to a reported hit and run collision, found the vehicle. Delgado was standing by the driver’s door and acknowledged that she had been driving during the collision, that she had had “ ‘two, maybe…

Justia Opinion Summary: After appellant defaulted on a civil case, he appealed the trial court's denial of his motion to set aside the default. The Court of Appeal affirmed, holding that the trial court was right to deny the motion where…

Justia Opinion Summary: The Court of Appeal affirmed the district court's order granting in part and denying in part Size It's motion to tax costs. The court held that Size It has not shown that the trial court abused its discretion in taxing…

Justia Opinion Summary: After real party in interest obtained an arbitration award against petitioner, an indigent, self-represented litigant, real party in interest sought to enforce his resulting money judgment by filing an application to…

Justia Opinion Summary: After filing unsuccessful petitions for writ of mandate challenging the approval of two of the projects under various land use laws, AFH filed suit against the City for violating the federal Fair Housing Act (FHA) and…

Justia Opinion Summary: On appeal, Defendant Dammar Johnson challenged the trial court’s denial of his renewed motion to suppress. He was parked on the side of a road when two police officers approached to investigate his car’s missing…

Justia Opinion Summary: San Diego County (County) challenged a judgment, writ of mandate, and injunction directing it to set aside its approvals of a Climate Action Plan (2018 CAP or CAP), Guidelines for Determining Significance of Climate…

Justia Opinion Summary: Defendant ReadyLink Healthcare, Inc. (ReadyLink) was a nurse staffing company that placed nurses in hospitals, typically on a short-term basis. Plaintiff State Compensation Insurance Fund (SCIF) was a public enterprise…

Justia Opinion Summary: The Orange County Department of Child Support Services (Department) has withdrawn money from Daniel Lak’s (Father) Social Security Disability Insurance benefits (SSDI) to pay for child/spousal support arrears since 2015.…

Justia Opinion Summary: Wittenberg and Daniel are the co-owners of Hertzel Enterprises LLC. Attorney Peretz formerly represented Hertzel and now represents Daniel. Wittenberg filed suit asserting claims, individually and derivatively on behalf…

Justia Opinion Summary: Landlord's 131,000-square-foot San Francisco building has been leased to Saks for a department store since 1991. The initial 25-year lease period is followed by options to renew at “ ‘Fair Market Rent.” If the parties…

Justia Opinion Summary: After plaintiff settled her civil action as the prevailing party, the trial court set a hearing three months out on an order to show cause (OSC) regarding dismissal, and ordered any motion for attorney fees to be filed…

Justia Opinion Summary: In 2008, defendant-appellant Adrian Federico pled guilty to assault with a firearm. He admitted he personally used the firearm in the commission of the offense, personally inflicted great bodily injury, and committed the…

Justia Opinion Summary: Defendant was convicted of battery, as a lesser included offense of battery with serious injury, and of assault by means of force likely to produce great bodily injury during the commission of which he personally…

Justia Opinion Summary: Aspen brokered two loans for West Charleston, a Nevada real estate developer. Over 500 investors funded the loans, with the vast majority living in Aspen's home state of Nevada, a tenth living in California, and another…

Justia Opinion Summary: After an attorney representing a grieving family was fired, the family's new attorneys asked the attorney for the case files, which he refused. Instead, the attorney demanded $308,000 in attorney fees. The trial court…

Justia Opinion Summary: Defendant was convicted of a murder he committed when he was 16 years old and sentenced to life without the possibility of parole (LWOP). The trial court subsequently sentenced defendant to LWOP at a second resentencing.…

Justia Opinion Summary: Plaintiffs filed suit against Ahern Rentals after Ruben Dickerson was killed in an accident on Ahern's premises while he was replacing the tires on one of Ahern's forklifts. Dickerson was employed by 24-Hour Tire Service…

Justia Opinion Summary: After defending the general contractor in two construction defect actions, general liability insurer St. Paul Mercury Insurance Company (St. Paul) sought reimbursement of defense costs under an equitable subrogation…

Justia Opinion Summary: Michael Hughes was charged with three counts of murder, among other charges, on the theory he knew the risk of driving while intoxicated but drove anyway. He hit another vehicle whose driver failed to yield to him; three…

Justia Opinion Summary: The 2015 Valley Fire caused smoke damage to the Fadeeffs’ home, insured under a State Farm homeowners’ policy. Linen wall covering inside the home had started to buckle and the Fadeeffs had health concerns. With State…

Justia Opinion Summary: In the 2005 Burakoff class action, the court (in 2008) certified two subclasses of California Bancorp financial consultants for a period running through the date of the order. Subclass A “worked more than 40 hours in a…

Justia Opinion Summary: Spikener purchased a car under a credit sales contract; the seller did not inform Spikener that the car had been in a major collision. Before Spikener learned about the collision, the contract was assigned to Ally. The…

Justia Opinion Summary: Stanley was charged with sexual intercourse with a child 10 years old or younger with enhancements for prior serious felony convictions. Following an August 2019 mistrial, the court set a new trial for April 2020.…

Justia Opinion Summary: When the Los Angeles County Civil Service Rules 2.01 and 12.02(B) are read together, their plain meaning is that so long as the probationer is engaged in the duties of "a position or positions" she is not "absent from…

Justia Opinion Summary: Hung Tran was convicted by jury of assault by means likely to produce great bodily injury (count 1) and mayhem (count 2). With regard to count 1, the jury found true Tran personally inflicted great bodily injury upon the…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment and held that the trial court erred in denying defendant's motion to suppress the evidence obtained from the warrantless searches of his person and vehicle because…

Justia Opinion Summary: The attachment of a gang enhancement to a marijuana-related felony conviction does not render that conviction ineligible for redesignation. The Court of Appeal vacated the trial court's order denying defendant's…

Justia Opinion Summary: Artemis Whalum, then serving a prison sentence for possessing cannabis in a correctional institution in violation of Penal Code section 4573.8, appealed the denial of his petition to dismiss and recall his sentence.…

Justia Opinion Summary: Appellant Gerry Johns claimed to be an offender previously convicted under the felony-murder rule or the natural and probable consequences doctrine eligible to have his murder conviction vacated if he couldn’t be…

Justia Opinion Summary: Appellant, North Murrieta Community, LLC (North Murrieta), was the master developer of a large development project in the City of Murrieta (the City) called the Golden City Project. North Murrieta sought to take…

Justia Opinion Summary: In 1993, Richard Lucio DeHoyos was convicted by jury of kidnapping, raping and murdering a nine year old girl, for which he was sentenced to death. In April 2018, DeHoyos petitioned the Court of Appeal for a writ of…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justia Opinion Summary: Plaintiffs challenged the trial court's reduction of economic damages awarded by the jury in a negligence/trespass action where the jury returned a special verdict in plaintiffs' favor and against Capital…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justia Opinion Summary: Defendants were convicted of one count of murder and twenty-three counts of attempted premeditated murder with gang and firearm enhancements. While defendants' appeals were pending, the Legislature enacted Senate Bill…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justia Opinion Summary: Winn was convicted of first-degree murder for the stabbing death of Derrington after Derrington had Winn and his wife evicted from their home. The jury found true a deadly weapon enhancement. Winn admitted he had…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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