California Courts of Appeal Decisions 2021

Justia Opinion Summary: Oakland citizens submitted a petition for a ballot initiative to approve a parcel tax to fund programs for early childhood education and college readiness. Measure AA appeared on the November 2018 ballot. The official…

Justia Opinion Summary: Harrison sought to be resentenced under Penal Code section 1170.95, which allows a defendant convicted of felony murder to have his conviction vacated and be resentenced if the conviction would not be valid under recent…

Justia Opinion Summary: The Court of Appeal affirmed the DMV's suspension of plaintiff's driver's license for one year based on his refusal to submit to a blood or breath test. The court concluded that the border patrol agent's temporary…

Justia Opinion Summary: JustAnswer LLC (JustAnswer) appealed an order denying its petition to compel arbitration. Tina Sellers and Erin O’Grady (together, Plaintiffs) used the JustAnswer website to submit a single question to an “expert” for…

Justia Opinion Summary: Before 2018, a person who aided and abetted only an intended assault could be found guilty of second degree murder if a resulting death was a natural and probable consequence of the assault. The aider and abettor did not…

Justia Opinion Summary: Caldwell signed an agreement to obtain a bail bond for her friend and was unable to pay the premiums. BBBB began collection efforts. Caldwell filed a putative class action. The trial court enjoined BBBB from enforcing…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for first degree murder of three victims and the sale of methamphetamine. The court concluded that the evidence was sufficient to support the jury's finding on one…

Justia Opinion Summary: California law sets up a presumptive safe harbor for notaries if, as pertinent here, the notary is presented with a driver's license issued by the Department of Motor Vehicles (DMV) that is current or issued within the…

Justia Opinion Summary: After wife filed a petition for dissolution of her 39-year marriage to husband, the parties stipulated to the appointment of the Honorable Melinda Johnson as temporary judge. Judge Johnson subsequently entered a…

Justia Opinion Summary: The Court of Appeal concluded that the arbitration clause between a job applicant and her prospective employer does not apply to disputes between the applicant and her former employers based on the existence of a…

Justia Opinion Summary: Pursuant to Government Code, section 945.5, before a suit for money or damages may be brought against a public entity, the plaintiff must timely present a written claim to the public entity. In this case, plaintiff…

Justia Opinion Summary: Westmoreland owned a Cobb, California dwelling that was insured for fire loss, with a coverage limit of $372,000. The “open policy” provided up to 125 percent of the limit for “Extended Replacement Cost” coverage…

Justia Opinion Summary: The Court of Appeal concluded that a purported "public access easement" granted to a state agency four decades ago by the owner of a large coastal parcel in Hollister Ranch is a property interest subject to selling and…

Justia Opinion Summary: Nancy Grassi petitioned for mandamus relief, arguing the trial court erred by concluding she was statutorily ineligible for misdemeanor diversion. Grassi argued California Penal Code section 1001.95’s plain language and…

Justia Opinion Summary: Zgurski came to the attention of the San Francisco District Attorney because of his involvement in a scheme to defraud consumers who used the internet to purchase a boat from a person ostensibly called Eisenberg. He was…

Justia Opinion Summary: Park sued his former attorneys for breach of fiduciary duty and intentional interference with Park’s plan to purchase cardroom casinos. Park alleged that in 2003-2012, the defendants represented Park’s gaming businesses…

Justia Opinion Summary: After a scandal that led to plaintiff's resignation from his positions at Banc of California, plaintiff filed suit against Banc, several individual directors and Banc executives, and Banc's lead auditor. Defendant filed…

Justia Opinion Summary: Glaser Weil, former counsel of plaintiff William Rice, appeals from an order disgorging a $450,000 payment to Glaser Weil by Triton, an entity owned and controlled by Rice. The trial court concluded that the payment…

Justia Opinion Summary: After a scandal that led to plaintiff's resignation from his positions at Banc of California, plaintiff filed suit against Banc, several individual directors and Banc executives, and Banc's lead auditor. Defendant filed…

Justia Opinion Summary: M.A. (mother) and A.O. (father) appealed the termination of their parental rights to their three children. In January 2019, Children and Family Services (Agency) received a report that the home was filthy. It received a…

Justia Opinion Summary: Chaganti sought a writ of error. While his appeal of a civil judgment was pending, he discovered evidence, which was not in existence at the time of the judgment, that the superior court judge who had summarily…

Justia Opinion Summary: Turner was charged with committing two unrelated murders (the Oakland and Hayward murders). The cases were consolidated. At the close of evidence, Turner renewed his earlier motion to sever the charges on the ground the…

Justia Opinion Summary: Scott filed suit in Alameda County Superior Court, alleging that Scott was involved in three separate automobile accidents in 2017 and could not determine which accident caused her injuries: a San Mateo County accident…

Justia Opinion Summary: Defendant Robert Clark appealed his conviction for second degree murder and true findings on the associated firearm enhancements. He argued the trial court erred by inquiring into the identity of a holdout juror and…

Justia Opinion Summary: Cesar was shot and killed in 2016. Murder charges were filed against Santacruz, Cervantes, Alcantar, and Duran. Vallejo (Duran’s mother) was charged as an accessory after the fact. Judge Colin dismissed that charge…

Justia Opinion Summary: Defendant Harry Howard filed a motion for a Franklin proceeding three decades after committing the underlying offense. By that time, he had already introduced youth-related evidence at a prior parole hearing, but he had…

Justia Opinion Summary: Plaintiff (K.D.) was a resident at Muirwoods when she suffered falls, resulting in a fractured hip and deteriorating health. She became bedbound and was allegedly left in unsanitary conditions and infected with scabies. …

Justia Opinion Summary: DCFS alleged, and the juvenile court found true, three allegations that mother had physically abused, failed to protect, and medically neglected her daughter, Emily L., within the meaning of Welfare and Institutions Code…

Justia Opinion Summary: Plaintiffs, Matilde Ek (Mrs. Ek), Karla Ek-Elhadidy, Lucila del Carmen Ek, and Maria Ek-Ewell, filed suit alleging that defendants' employee, Mrs. Ek, contracted COVID-19 at work because of defendants' failure to…

Justia Opinion Summary: Financial Casualty & Surety, Inc. (Surety) provided a $30,000 bail bond for a criminal defendant who failed to appear in court as required, triggering the court to declare a forfeiture of the bond. When Surety failed to…

Justia Opinion Summary: K.D. called 911; she wanted Ana out of her apartment. K.D. then texted a friend that Ana “raped me last night while I was knocked out.” Ana was interrogated after waiving his Miranda rights. In a recorded interview, he…

Justia Opinion Summary: Lange drove past California Highway Patrol Officer Weikert, who noticed Lange was blaring music and honking unnecessarily. Weikert followed Lange, activating his overhead lights to signal that Lange should pull over.…

Justia Opinion Summary: Appellants, Soncino (Celine’s brother), Celine, and Yoram (Celine’s husband) created for-profit organizations, that provided music enrichment and formed a nonprofit organization to contract with public entities. The…

Justia Opinion Summary: The Water Rights Permitting Reform Act of 1988 provides a streamlined process for acquiring a right to appropriate up to 10 acre-feet of water per year from a stream into a storage facility, such as a pond or tank, by…

Justia Opinion Summary: Civil Code section 3333.2, known as the Medical Injury Compensation Reform Act of 1975 (MICRA), limits noneconomic damages to $250,000 based on professional negligence. The Court of Appeal held that this limitation does…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for second degree murder and gross vehicular manslaughter while intoxicated, concluding that a warrantless blood draw did not violate defendant's Fourth Amendment…

Justia Opinion Summary: Plaintiff filed suit challenging the denial of his application for appointment to the medical staff of a dialysis clinic. The superior court denied plaintiff's request for a writ of administrative mandate pursuant to…

Justia Opinion Summary: Nina’s was a residential care facility for the elderly (RCFE) licensed by the Community Care Licensing Division (CCL) of the State Department of Social Services. Plaintiff, an RN-certified legal nurse consultant, was…

Justia Opinion Summary: The Court of Appeal affirmed an order denying certification of a class of persons who worked without pay for American Film Institute (AFI). The court concluded that the trial court acted within its discretion in finding…

Justia Opinion Summary: Joanne R., a conservatee subject to a conservatorship under the Lanterman-Petris-Short (LPS) Act, contends that the trial court provided her an inadequate jury trial waiver advisement and improperly induced her to waive…

Justia Opinion Summary: A congregation of the hierarchical Church of God purchased an insurance policy from GuideOne Specialty Mutual Insurance Company (GuideOne) covering the risk of fire damage to a church building that was held by the…

Justia Opinion Summary: The Court of Appeal concluded that Public Resources Code section 30610.8 requires payment of an in-lieu public access fee for each coastal development permit (CDP) applicable to Hollister Ranch. In this case, after the…

Justia Opinion Summary: This appeal arose out of the tragic rape and murder of Rachel Russell, perpetrated by her grandson, Sidney DeAvila. DeAvila suffered from severe mental illness, and at the time of the murder he was on parole. Russell’s…

Justia Opinion Summary: Petitioner Derrick Blakes sought review of the denial of his motion to suppress the fruits of a search of his car following a traffic stop. He claimed the trial court erred in finding the warrantless search supported by…

Justia Opinion Summary: The City of San Diego (City) certified an environmental impact report (EIR) for the “Serra Mesa Community Plan [SMCP] Amendment Roadway Connection Project” (Project) and approved an amendment to the SMCP and the City’s…

Justia Opinion Summary: Plaintiff appeals two concurrent orders denying his petition to confirm an arbitration award and granting Comerica Bank's petition to vacate the award on the ground that the arbitrator made a material omission or…

Justia Opinion Summary: Mission Peak filed suit against the State Water Resources Control Board, alleging that it violated the California Environmental Quality Act (CEQA) by granting a small domestic use registration to Christopher and Teresa…

Justia Opinion Summary: Plaintiff, a writer, filed suit against the CAA parties for breach of fiduciary duty, breach of contract and breach of the implied covenant of good faith and fair dealing, alleging they had mishandled their…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of FESB's petition for writ of mandate seeking to invalidate two one-year contracts between the school district and Just Communities. The court concluded that the…

Justia Opinion Summary: Petitioner seeks a writ of mandate directing the appellate division of the Los Angeles County Superior Court to set aside its opinion reversing the trial court's dismissal of her criminal case under Penal Code section…

Justia Opinion Summary: Plaintiff-appellant Awana Ring was approximately 80 years old when her daughter Vickie Atiyeh died in November 2015. In her will, Atiyeh left a house to Ring. Roy Scott Robb (Scott Robb) and Zachary Robb were a son and…

Justia Opinion Summary: Defendant Allen Benzler was sentenced in 2014 for offenses he committed when he was 18 years old. He appealed the summary denial of his motion for a "Franklin" hearing under California Penal Code section 1203.01,…

Justia Opinion Summary: A police officer spotted defendant Enrique Jimenez and his two teenaged sons by some trash cans in a field. They jumped into an SUV and drove away. The officer, believing they had committed illegal dumping, tried to pull…

Justia Opinion Summary: Plaintiff State Farm Mutual Automobile Insurance Company (State Farm) filed an Insurance Fraud Protection Act (IFPA) action alleging defendants Sonny Rubin, M.D., Sonny Rubin, M.D., Inc., and Newport Institute of…

Justia Opinion Summary: A political consultant designed two campaign mailers that were distributed to voters in a local city council election. The mailers included statements about a local real estate developer and his litigation history with…

Justia Opinion Summary: Heritage sought to develop Monterey County property and obtained the requisite government approvals, including a coastal development permit. Objectors filed an appeal with the California Coastal Commission. Coastal…

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on the application of rules calculated to reduce the administrative burden posed by public records requests for electronic records made by…

Justia Opinion Summary: The children, born in 2009 and 2012, were placed in the dependency system. They were placed in the care of their paternal grandmother, who formally adopted both children but had significant problems caring for them. …

Justia Opinion Summary: Scott and Tal were married for 17 years and had three children together. They divorced in 2014. In the stipulated dissolution judgment, Scott's gross annual income was listed as $196,440. He was ordered to pay $4,326 per…

Justia Opinion Summary: In 2003, Strother was convicted of second-degree burglary and theft of access card information. Under the Three Strikes law, he was sentenced to two consecutive terms of 25 years to life in prison. In 2013, Strother…

Justia Opinion Summary: Foley Investments, LP (Owner) asserted inverse condemnation and tort claims against Alisal Water Corporation dba Alco Water Service (Alco) after an Alco-owned water main that ran through a portion of Owner’s apartment…

Justia Opinion Summary: During an altercation outside a bar after last call, defendant-appellant Charles Waxlax stabbed Erik Kimbler in the back with a military-grade knife. Kimbler suffered serious injuries but survived. At trial, the jury…

Justia Opinion Summary: Defendants Jamie Ramirez and Albert Villa participated in a beating of another inmate while in custody at Southwest Detention Center. A jury convicted them of one count of assault with force likely to produce great…

Justia Opinion Summary: In 2014, Silva and codefendants were convicted of two counts of first-degree murder arising out of a home invasion robbery. Silva, who was involved in transporting stolen items after the robbery was underway, was…

Justia Opinion Summary: Scarlett was born in Honduras in 2013. Her family moved to the United States in 2015. The Los Angeles County Department of Children and Family Services received a referral claiming that her father, Franklin, had…

Justia Opinion Summary: Defendants Pinnacle Property Management Services, LLC (Pinnacle) and Jennifer Stewart (Stewart) appealed a trial court’s order denying their motion to compel arbitration. The court denied the motion because it determined…

Justia Opinion Summary: Washington was convicted of five sexually violent offenses that occurred in 1984. Before Washington’s 2014 release, the state sought to commit Washington as a sexually violent predator (SVP) under the Sexually Violent…

Justia Opinion Summary: Bruce, Phillip, and Judith are siblings and co-equal general partners of the Guttman Family Limited Partnership, which owns Los Angeles County real estate. Bruce sued to dissolve the partnership, Corporations Code…

Justia Opinion Summary: Since he was 19 years old, defendant John Vasquez had been continuously been on probation, parole, or incarcerated. At age 26, Vasquez pleaded guilty to two armed robberies and went to prison for 13 years. At age 42,…

Justia Opinion Summary: Plaintiffs challenged a surcharge that Long Beach imposes on its water and sewer customers by embedding the surcharge in the rates the Water Department charges for service. The surcharge funds are transferred from the…

Justia Opinion Summary: Cervantes was charged in connection with separate shooting incidents, several months apart. In both incidents, his motive appeared to be the victims’ alleged romantic pursuit of a woman Cervantes had dated. He was…

Justia Opinion Summary: The plaintiffs (collectively, "Gunther") in this case were flight attendants who alleged their employer, Alaska Airlines, Inc. (Alaska), failed to provide California Labor Code section 226(a)-compliant wage statements.…

Justia Opinion Summary: Tax sharing agreements between the County of San Benito and the City of Hollister require the city to pay the county a fixed fee (the “Additional Amount”) for each residential unit constructed on land that is annexed…

Justia Opinion Summary: Chavez-Cortez filed a representative cause of action under the Private Attorneys General Act (PAGA, Lab. Code 2698), seeking civil penalties for wage-and-hour violations. The suit was dismissed for failure to satisfy the…

Justia Opinion Summary: Hodroj, a passenger, was injured in a single-car collision. The driver was insured by CSAA. Hodroj’s attorney wrote to CSAA offering that Hodroj would settle his claim for bodily injuries in exchange for payment of the…

Justia Opinion Summary: A tax-sharing agreement between the County of San Benito and the City of Hollister requires the city to pay the county a fixed fee (Additional Amount) per residential unit constructed on land annexed into the city from…

Justia Opinion Summary: Moniz managed a staffing firm's (Adecco’s) relationship with Google. Correa was assigned to work at Google. Moniz and Correa sued Adecco to recover civil penalties for alleged violations of the Labor Code. Under the…

Justia Opinion Summary: Plaintiffs purchased Berkeley property intending to demolish an existing structure and build a new residence. Richards, a licensed contractor, demolished the structure but did not build the new house. Plaintiffs sued…

Justia Opinion Summary: Antioch police officers, responding to a call about a prowler, tried to stop a Pontiac sedan that the caller had identified. Officers in different vehicles pursued the Pontiac. At one point, an officer started to exit…

Justia Opinion Summary: The Clinic hired Gamboa, who signed several onboarding documents. Weeks later, Gamboa sustained an injury to her hand that affected her work. After Gamboa requested medical accommodations, the Clinic terminated her…

Justia Opinion Summary: Plaintiff filed suit against the school district for negligence and for breach of the mandatory duty to report suspected abuse under the Child Abuse and Neglect Reporting Act (CANRA). The trial court granted the school…

Justia Opinion Summary: Appellants John Tos et al. (Tos parties) appealed a trial court's a judgment that section 2704.78 of the Safe, Reliable High-Speed Train Bond Act for the 21st Century (Bond Act) (Sts. & Hy. Code, section 2704 et seq.)…

Justia Opinion Summary: Jesus Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The trial court issued a bench…

Justia Opinion Summary: While serving as an inmate at West Valley Detention Center, defendant Chelsea Giddens threw a milk carton filled with urine at a deputy, hitting her in the face. The incident was recorded by one of the jail’s security…

Justia Opinion Summary: In 1991, petitioner Nokkuwa Ervin and other perpetrators committed an armed robbery of a store. During the robbery, one of the perpetrators shot and killed an innocent victim. A jury found Ervin guilty of burglary,…

Justia Opinion Summary: Rodney Lewis appealed after a jury convicted him of rape by intoxication and kidnapping to commit rape. Lewis argued the trial court erred in instructing the jury on kidnapping to commit rape and insufficient evidence…

Justia Opinion Summary: In 2013, Price was convicted of first-degree murder with a felony-murder special-circumstance allegation that the murder was committed while Price was participating in a robbery and either was the killer, aided and…

Justia Opinion Summary: Harris is charged with a violent rape that occurred in 1989. DNA from the crime scene and a vaginal swab matched Harris’s. A “pretrial services court report” indicated that Harris appeared to be an appropriate candidate…

Justia Opinion Summary: Plaintiff Roy Kumar appealed a trial court’s order imposing terminating and monetary sanctions under Code of Civil Procedure section 128.7. The trial court found that Kumar’s first amended complaint was factually and…

Justia Opinion Summary: The district attorney charged Appellant Joseph Codinha with four offenses which occurred on two different dates. The counts alleged, respectively: (1) felony indecent exposure; (2) misdemeanor possession of paraphernalia…

Justia Opinion Summary: Williams, convicted of murder in 1995 and sentenced to 30 years to life in prison, was released on lifetime parole in 2018. In 2019, he was charged with two misdemeanors. The district attorney filed a petition to revoke…

Justia Opinion Summary: The Court of Appeal reversed a postjudgment order denying defendant's petition for resentencing under Penal Code section 1170.95 as to his conviction of first degree murder under a theory of felony murder based on his…

Justia Opinion Summary: Defendant was convicted of two counts of attempted murder in violation of Penal Code sections 664 and 187, subdivision (a), and one count of mayhem in violation of section 203. In 2021, defendant filed a petition for…

Justia Opinion Summary: When a city delegates the administration of ambulance services to the surrounding county, which then assumes control, the city may not later attempt to resume administration of those services. In this case, the Court of…

Justia Opinion Summary: Appellant Javier Murillo was convicted by jury of forcibly resisting an executive officer in the performance of his duties, as well as delaying a peace officer in the performance of his duties and possessing drug…

Justia Opinion Summary: Elation sued Fenn and Shi for breach of a nondisclosure agreement (NDA) (against Shi only) entered during the course of Shi’s prior employment with Elation and breach of a confidential settlement agreement and mutual…

Justia Opinion Summary: The Court of Appeal affirmed the summary denial of a petition for resentencing under Penal Code section 1170.95. Defendant was convicted in 2016 of first degree murder, kidnapping to commit another crime, and robbery.…

Justia Opinion Summary: PVE’s owner, Morales is a licensed civil engineer, with an engineering seal which he uses to stamp building plans and other documents requiring an engineer’s services. In December 2007, Morales found a folder on…

Justia Opinion Summary: Blizzard invested in a tire pyrolysis project in Kansas and subsequently sued Schaefers. A Kansas jury returned a $3.825 million fraud judgment, which was entered in California. The California court added a judgment…

Justia Opinion Summary: The issue this case presented centered on the aftermath of an Indian tribal casino’s unsuccessful suit in tribal court against appellant James Acres following a contract dispute. After dismissal of the tribal case, Acres…

Justia Opinion Summary: The Community Hospital of the Monterey Peninsula (the Hospital) terminated the employment of registered nurse Kimberly Wilkin (Wilkin) after discovering she had violated the Hospital’s policies governing the handling and…

Justia Opinion Summary: The public guardian, C.O.'s conservator under Welf. & Inst. Code 5000, sought reappointment. A written citation for conservatorship was served on C.O., stating: “You have the right to a court or jury trial on the issue…

Justia Opinion Summary: On March 4, 2020, Governor Newsom declared a state of emergency due to the spread of COVID-19. On March 16, the Legislature enacted an emergency amendment to the Budget Act, appropriating $500 million, and authorizing…

Justia Opinion Summary: Neurelis, Inc. (Neurelis) and Aquestive Therapeutics, Inc. (Aquestive) were pharmaceutical companies developing their own respective means to administer diazepam, a drug used to treat acute repetitive seizures (ARS).…

Justia Opinion Summary: Fisher was stopped for reckless driving and officers found, in his car's trunk, three pipe bombs that could cause serious injury to anyone holding them when lit. Fisher was released on bail. The friend who facilitated…

Justia Opinion Summary: Plaintiffs-appellants, Paula and Christopher LeRoy lost their 15-year-old son, Kennedy LeRoy, to suicide two days after finishing his sophomore year at Ayala High School in Chino. The LeRoys sued the Chino Valley Unified…

Justia Opinion Summary: The parties’ son was born in November 2018. Mother initiated a claim for child support. Testing established father’s paternity. and a stipulated judgment entered. In February 2019, father requested protective orders…

Justia Opinion Summary: The People filed suit against Venice Suites for violation of the Los Angeles Municipal Code (LAMC) and for public nuisance, among other causes of action, alleging that Venice Suites illegally operates a hotel or…

Justia Opinion Summary: Plaintiff filed suit against City Bail Bonds for restitution under California's unfair competition law (UCL) based on defendants' unlawful solicitation of bail. The trial court ruled in plaintiff's favor and awarded…

Justia Opinion Summary: Mother appealed the juvenile court's denial of her request for a permanent restraining order protecting her from father. While mother's appeal was pending, the juvenile court terminated jurisdiction in an order from…

Justia Opinion Summary: This appeal presented an issue of first impression for the Court of Appeals: does a commercial property insurance policy provide coverage for a business’s lost income due to the COVID-19 pandemic? After review of the…

Justia Opinion Summary: The appellants were two of a group of plaintiffs who sued eBay and PayPal, challenging provisions in their respective user agreements. Plaintiffs’ second amended complaint alleged 23 causes of action, 13 against eBay,…

Justia Opinion Summary: The primary issue in this case was whether imposing sales tax on in-state lessors of business equipment to a title insurer violated Article XIII, section 28(f) of the California Constitution. The California Department of…

Justia Opinion Summary: In her complaint, plaintiff Pamela Chambers alleged that she received a written communication from a debt collector contracted by Crown that failed to comply with the CFDBPA’s notice formatting requirement. She filed a…

Justia Opinion Summary: Desirae and Forestt have two children, now eight and five years old. Desirae filed a dissolution of marriage petition. She separately requested a domestic violence restraining order against Forestt; that case was…

Justia Opinion Summary: In 2007, Davenport pled no contest to second-degree murder with a personal use of a firearm enhancement. He acknowledged: I am satisfied that I know the evidence that could be used against me in trial, as well as any…

Justia Opinion Summary: One beverage distributorship sued another and ultimately narrowed its lawsuit to a single tort claim for intentional interference with prospective economic advantage premised solely on the theory that the defendant had…

Justia Opinion Summary: Guzman, driving a truck for his employer (Progressive), rear-ended the plaintiff’s vehicle. The plaintiff was driving a truck for his employer. Following the accident, the plaintiff returned to work for three weeks, but…

Justia Opinion Summary: Martinez regularly crosses a Beverly Hills alley to get to her satellite office. The alley, paved with asphalt, has a concrete drainage channel (swale) running down its center. Martinez was walking through the alley…

Justia Opinion Summary: Defendant Jason Schuller shot his long-time friend, W.T., nine times in the head and set the body on fire. Defendant testified, claiming self-defense, but his trial testimony about what happened leading up to and during…

Justia Opinion Summary: After a jury trial, plaintiffs Michael and Crystal Haytasingh appealed a judgment entered in favor of the City of San Diego and Ashley Marino, a City lifeguard. Plaintiffs sued the City after an incident at Mission Beach…

Justia Opinion Summary: The father of R.F. appealed a post-disposition order and judgment dismissing the juvenile dependency case and entering exit orders and sole custody of R.F. to Mother, decreasing his supervised visitation, and requiring…

Justia Opinion Summary: In 2020, a juvenile wardship petition was filed charging D.C. with committing a murder in 2016, when he was 16 years old. The probation officer’s report reviewed the statutory factors relevant to a transfer out of…

Justia Opinion Summary: A wardship petition charged Y.C., then 17 years old, with assault with a firearm, carrying a loaded firearm, and possession of a firearm by a minor. Y.C. allegedly shot a suspected rival gang member in the leg.…

Justia Opinion Summary: Kremerman sued his former tenant, White. After a registered process server filed three non-service reports, Kremerman unsuccessfully sought to accomplish service by publication. In the subsequent proof of service, the…

Justia Opinion Summary: E.M.’s parental rights as to her son Josiah (born in October 2017) were terminated pursuant to Welfare and Institutions Code section 366.26. The court of appeal conditionally reversed the termination order because the…

Justia Opinion Summary: Defendant Donte Revels appealed his convictions for child abuse resulting in death, and child abuse. He contended the trial court abused its discretion in denying his motion for mistrial after a testifying expert doctor…

Justia Opinion Summary: At 2:15 a.m. on June 3, 2020, Deputy Zeas and his partner drove their patrol car into a parking lot and stopped five-six feet from where Cuadra was standing. Because of Black Lives Matter protests, there was a curfew in…

Justia Opinion Summary: A hospital must provide “necessary stabilizing treatment” for any person in an “emergency medical condition,” 42 U.S.C. 1395dd(b), Health & Saf. Code 1317(a). California’s Knox-Keene Act (section 1340) requires that the…

Justia Opinion Summary: In 2001, the City issued China Shipping a permit to build the Container Terminal, within the Port of Los Angeles. The settlement of a suit under the California Environmental Quality Act required the City to prepare an…

Justia Opinion Summary: Defendants Yolo County and its board of supervisors (collectively, the County) adopted a revised mitigated negative declaration and issued a conditional use permit to real parties in interest to operate a bed and…

Justia Opinion Summary: Letgolts and Plattner (plaintiffs) remodeled their home in 2008. The contractor, Pinchevskiy, did some demolition and then walked away, causing extensive damage to the home. The plaintiffs retained attorney Marks, who…

Justia Opinion Summary: Mitchell swallowed 60 Naproxen tablets. With her husband, she arrived at the Hospital emergency department on May 27, 2017, alert, oriented, and with no acute distress. The physician noted no motor deficits or sensory…

Justia Opinion Summary: The parties have owned adjacent residential properties in the Hollywood Hills for approximately 25 years. In 2015, Wizmann installed pool and air conditioning equipment between the wall of his house and a retaining wall…

Justia Opinion Summary: The family came to the attention of the Los Angeles County Department of Children and Family Services in 2017, following a domestic violence incident. Mother did not work. Father was the sole financial provider for the…

Justia Opinion Summary: The plaintiff sued a school district for negligently supervising the fourth-grade teacher who molested her in 2010-2011. Before trial, the court admitted evidence that the woman had been sexually abused by someone else…

Justia Opinion Summary: Union Square owns the San Francisco building where Saks has operated a store since 1991. The lease's initial 25-year term was followed by successive options to renew; it mandates arbitration to determine Fair Market Rent…

Justia Opinion Summary: Williams hired Fautt to build a home in Pleasanton. The relationship broke down, resulting in highly contentious e-mail and phone communications. Williams sent her communications from either her Pleasanton home (Alameda…

Justia Opinion Summary: Smith’s hip resurfacing implant consists of a metal ball that covers the top of the femur and a cup that fits inside the hip socket. When a surgeon puts these ball-and-cup surfaces in the joint, the polished metal…

Justia Opinion Summary: Plaintiffs alleged that they own an apartment complex and that their tenant purchased a washing machine from Best Buy, which was negligently installed. A resulting water leak resulted in significant damage to the…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdictional and dispositional orders denying placement with Mother, and remanded for further hearing on Mother's request for placement. The court concluded that…

Justia Opinion Summary: As part of a request to receive a higher reimbursement rate, plaintiff Family Health Centers of San Diego (Family Health) submitted a cost report detailing the reimbursable costs incurred by its clinics in providing…

Justia Opinion Summary: This appeal arose from an application by State Farm General Insurance Company (SFG) to increase its homeowners’ insurance rates, under the prior approval system implemented by Proposition 103. Nonprofit Consumer Watchdog…

Justia Opinion Summary: State Farm General Insurance Company (SFG) appealed an order awarding attorney fees to intervenor Consumer Watchdog (CW), in a dispute over documents SFG designated as confidential in a rate hearing under Proposition…

Justia Opinion Summary: Petitioner the Department of Alcoholic Beverage Control (department) revoked the liquor license of real party in interest IBPOE Elks of the World Arrowhead Lodge 896 (Arrowhead Elks). The revocation was based on findings…

Justia Opinion Summary: Zamora sued his former employer, SIS, under the California Fair Employment and Housing Act (FEHA) (Gov. Code 12900) for employment discrimination based on physical disability, failure to make a reasonable accommodation,…

Justia Opinion Summary: James babysat D., six months old. When D. returned from James’ home, his parents noticed swelling on the side of D.’s head. X-rays showed he had three skull fractures and a possible rib fracture. D. had surgery to place…

Justia Opinion Summary: Plaintiffs, two American Indian tribes, business entities affiliated with the tribes, and individual tribe members, sued a number of non-tribal cardrooms alleging they were offering banked card games on non-tribal land,…

Justia Opinion Summary: Janet signed a Durable Power of Attorney and Nomination of Conservator (DPOA), appointing Randall as her attorney-in-fact. The DPOA advised that it “does not authorize anyone to make medical and other health care…

Justia Opinion Summary: Petitioner seeks a writ of mandate to vacate an order denying mental health diversion under Penal Code section 1001.36 in his two pending criminal cases. Principally at issue is whether a defendant suffering from an…

Justia Opinion Summary: Isabel Garibay appealed a trial court's confirmation of a class action settlement reached between Josue Uribe and Crown Building Maintenance Company (Crown). Uribe sued Crown as an individual regarding alleged Labor Code…

Justia Opinion Summary: K.L. and R.H. were the parents of Z.L.; their year-long relationship was defined by multiple acts of abuse by K.L., and the complete inability of either party to effectively communicate with the other. After their…

Justia Opinion Summary: Respondent City of Tustin (City) reviewed a proposed construction of a new gas station and ancillary facility (project) pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq.…

Justia Opinion Summary: The Court of Appeal reversed in part and vacated in part in a dispute over ownership of two parcels of real property between wife, her husband, and the husband's mother. The court concluded that the trial court abused…

Justia Opinion Summary: In 2019, the Oxnard city council adopted a resolution placing Measure B on the March 2020 ballot. Measure B sought to extend the mayor’s term to four years and to establish a limit of three terms for city council…

Justia Opinion Summary: Defendant Ryan Shropshire was convicted of of manufacturing concentrated cannabis. Defendant Bryan Roberts was convicted on multiple counts, including two counts of receiving stolen property, unlawful possession of…

Justia Opinion Summary: In 2002, a jury convicted Sherwood Jenkins of the second degree murder and kidnapping of Phillip Reeves. In 2019, Jenkins filed a petition to vacate his murder conviction under Penal Code section 1170.95, and the trial…

Justia Opinion Summary: The University of California (Regents) approved a new development for additional academic space and campus housing, certified a final supplemental environmental impact report (SEIR), then filed a notice of determination…

Justia Opinion Summary: Oakland businesses must obtain a business tax certificate and pay business license taxes each year, based on the type of activities in which the business is engaged. A separate business tax certificate is required for…

Justia Opinion Summary: M.S. and J.G. argued during a high school class. J.G. hit M.S. with a small book. J.G. was suspended for two days. About a month later, J.G. accused M.S. of taking her backpack. M.S. pulled a rectangular device with…

Justia Opinion Summary: In the mid-2000s, Carlos Argenis Figueroa Alatorre was working as a car salesperson when he lost his job. Although he knew his brother-in-law, Luis, was involved in something unsavory, Alatorre began working for him,…

Justia Opinion Summary: In a companion case, where an employee claimed she was forced to sign an arbitration agreement after litigation had commenced and without the benefit of her counsel, the Court of Appeal issued an order to show cause why…

Justia Opinion Summary: In this appeal following the termination of parental rights, the mother contended only that the social services agency failed to comply with the duty of initial inquiry imposed by state statutory provisions implementing…

Justia Opinion Summary: In 2013, Crane was studying in a GED class at the High Desert State Prison. Inmate Dolihite approached Crane from behind and stabbed him in the neck with a pencil. Crane was taken to the prison’s emergency clinic. Crane…

Justia Opinion Summary: Doe and Damron twice traveled together to California. In Riverside, according to Doe, Damron forcibly groped her on a sidewalk, attempted to force her to perform oral sex on him in the street, and then raped, battered,…

Justia Opinion Summary: Doe claims that in 1988, while he (then 10 years old) was attending catechism classes at a Catholic Church, Father Higson sexually molested Doe. Doe did not tell his teacher what happened; the teacher did not ask why Doe…

Justia Opinion Summary: Greeley was convicted of first-degree burglary (Pen. Code 460(a)). The trial court suspended imposition of sentence, placed Greeley on probation for three years, and imposed various fines and fees, and restitution. The…

Justia Opinion Summary: In 2016, Rodriguez was charged in two criminal cases. In 2018, the court found Rodriguez not competent and signed an order committing Rodriguez. The order stated the “maximum term is 3 years minus 0 days actual credit” …

Justia Opinion Summary: Lacy filed a retaliation complaint against her former employer, Crestwood Behavioral Health, with the California Labor Commissioner, under Labor Code section 98.7(a). After the Commissioner notified Crestwood of its…

Justia Opinion Summary: John was a student at the University of California, Davis when fellow student Jane reported that he engaged in nonconsensual sexual intercourse with her in violation of University policy. John agreed they had sex but…

Justia Opinion Summary: John Doe was a senior at the University of California, Santa Barbara (UCSB), when fellow student Jane Roe reported that he engaged in dating violence against her in violation of University of California policy. John…

Justia Opinion Summary: In March 2020 LAPD officers responded to a call reporting “screaming, yelling, banging and slamming” at the family home. No one answered their initial requests to enter the residence. Ashley ultimately opened the door.…

Justia Opinion Summary: The Department of Children and Family Services filed a petition (Welfare and Institutions Code 300(b)(1) and (j)), alleging Deshawn’s and Clairessa’s history of substance abuse and current use of marijuana placed…

Justia Opinion Summary: Moreci sustained work-related injuries assertedly caused by his use of scaffolding constructed by Scaffold Solutions. Moreci received workers’ compensation benefits, paid by Starstone Insurance. Moreci, while represented…

Justia Opinion Summary: In 2018, defendant pleaded guilty to carjacking as a second strike, and admitted he sustained a prior serious felony conviction. In 2020, the secretary of the CDCR sent a letter to the trial court invoking the sentence…

Justia Opinion Summary: In this California Fair Employment and Housing Act (FEHA) case, the Court of Appeal granted the petition for writ of mandate and directed respondent Los Angeles Superior Court to vacate its order awarding attorney fees…

Justia Opinion Summary: Defendant RGIS, LLC (RGIS) appealed a trial court’s order denying its petition to compel arbitration of representative claims under the Private Attorney General Act of 2004 (PAGA). In denying the petition, the trial…

Justia Opinion Summary: In 1990, defendant-appellant Marty Dominguez was convicted by jury of second degree murder, and an allegation was found true he was armed with a deadly weapon during the commission of the offense. Dominguez was sentenced…

Justia Opinion Summary: Janitors worked for VPM providing janitorial services at a residential complex (the Site). VPM and the Union executed an agreement, providing that, if VPM terminated its janitorial contract with the Site, VPM would offer…

Justia Opinion Summary: Morales accepted a full-time position at Factor, a flooring store, in 2016. His duties included cleaning the warehouse, accepting shipments, making deliveries to job site locations, picking up tile from distributors, and…

Justia Opinion Summary: Peggy Baltar’s home was destroyed by wildfire in 2014. She had a new house built on the same property. Her insurer, CSAA Insurance Exchange (CSAA), paid the full amount charged by her contractor for construction of the…

Justia Opinion Summary: The Travelers Indemnity Company of Connecticut (Travelers) appealed an order sustaining demurrers filed by Navigators Specialty Insurance Company (Navigators) and Mt. Hawley Insurance Company (Mt. Hawley) to the third…

Justia Opinion Summary: The court of appeal consolidated appeals from three attorneys’ fees motions by a judgment creditor (Wertheim) seeking over $800,000 for its efforts to enforce a 2009 judgment entered after a jury awarded it approximately…

Justia Opinion Summary: During the guilt phase of a bifurcated trial, a jury found Linde Smith guilty of second-degree murder, and found true a deadly weapon enhancement allegation. Smith’s mother, Anne Smith (Anne), was the victim. During the…

Justia Opinion Summary: Gray received emergency medical care at St. Mary Medical Center, owned and operated by Dignity Health. He received a bill that included an “ ‘ER LEVEL 2 W/PROCEDU’ ” charge. Gray claims Dignity’s failure to disclose,…

Justia Opinion Summary: Defendant Tevita Kaihea was convicted by jury of first degree murder and other offenses involving a crime spree preceding the murder. The trial court sentenced defendant to an aggregated prison term of 111 years and…

Justia Opinion Summary: Plaintiffs Ryan and Genevieve Weeden appealed a judgment entered in favor of defendant William Hoffman after the trial court granted Hoffman’s anti-SLAPP motion with respect to the Weedens’ complaint against Hoffman for…

Justia Opinion Summary: Contreras was charged with rape and forcible oral copulation but was convicted only of misdemeanor battery (Pen. Code 242) as a lesser included offense of the rape charge. The trial court placed him on probation and…

Justia Opinion Summary: In 2001, Sands was 24 years old when he committed special circumstance murder (Penal Code 187, 190.2(a)(10)) and was sentenced to a prison term of life without the possibility of parole. The trial court denied his…

Justia Opinion Summary: Mitchell sued Twin Galaxies for defamation and false light after Twin Galaxies issued a statement asserting Mitchell’s world record scores in the Donkey Kong arcade game were not achieved on original unmodified hardware…

Justia Opinion Summary: Defendant-appellant Tyrus Jenkins was convicted by jury of first-degree burglary of a residence with a person present, second degree burglary of a car, attempted unlawful taking of the car, and misdemeanor possession of…

Justia Opinion Summary: Ordinances banning “land uses in support of” new oil and gas wells and “land uses in support of” wastewater injection in unincorporated areas of Monterey County were enacted as part of Measure Z, an initiative sponsored…

Justia Opinion Summary: Defendant Michael Flores was found guilty of voluntary manslaughter, among other crimes, after the jury initially declared it was unable to reach a unanimous verdict. Defendant moved for a new trial based on evidence the…

Justia Opinion Summary: Plaintiff Margaret McCann appealed a judgment in favor of defendant City of San Diego (City) on McCann’s petition for writ of mandate and an order denying her request for a preliminary injunction. McCann challenged the…

Justia Opinion Summary: Plaintiff-appellant Jenaro Carrasco worked as a parole agent for real party in interest Department of Corrections and Rehabilitation (department) for five years. He was promoted to the position of special agent and was…

Justia Opinion Summary: Plaintiff-appellant Maria Carachure suffered serious injuries when she was struck by a vehicle driven by defendant Celia Acosta Scott. Plaintiff filed suit, and a jury found the action was barred because of a “‘binding…

Justia Opinion Summary: In 2003, defendant-appellant Louis Montes was convicted of, among other things, the special circumstance murder of April Peake (the victim) which he committed when he was 17 years old. He was sentenced to life without…

Justia Opinion Summary: A plaintiff obtained a witness' declaration to support her opposition to the defendants’ summary judgment motion. At the witness’ deposition, she disavowed the declaration, testified as to her lack of knowledge of the…

Justia Opinion Summary: Mother and her children traveled and lived in a van. Mother has mental health problems and is severely delusional. Mother physically abused the children, who did not attend school. Both Montana’s child protective…

Justia Opinion Summary: Frias pleaded no contest to stealing a 2001 Chevrolet Tahoe, with 200,000 miles on it and no dents, scratches, or damage before the theft. After the theft, there was damage to the bumper, side, grille, and other parts of…

Justia Opinion Summary: In separate petitions for extraordinary writ relief, Michael G. (Father) and Kristie G. (Mother) asked the Court of Appeal to set aside the juvenile court’s order at the 18-month review hearing terminating reunification…

Justia Opinion Summary: Following a preliminary hearing, petitioner Dr. Sanjoy Banerjee was charged in an information with two counts of presenting a false or fraudulent health care claim to an insurer (a form of insurance fraud, counts 1-2),…

Justia Opinion Summary: The Court of Appeal reversed the superior court's judgment against Bad Boys Bail Bonds in the amount of $6,118.78, plus administrative costs and interest. The amount represented the costs of extraditing the criminal…

Justia Opinion Summary: In 1997, with the help of an interpreter, defendant Estaban Bravo pleaded guilty to, and was convicted on, a plea bargain agreement of: a felony violation of domestic violence (count 1); and felony violation of child…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment resolving a dispute with the school district concerning the "facilities costs" for which the district may properly charge the charter school. The court concluded…

Justia Opinion Summary: Plaintiff, a severely disabled child who suffered catastrophic injuries during her birth in 2015, filed suit against various medical providers for professional negligence. In 2019, the actions were settled for $3…

Justia Opinion Summary: Appellants Folsom Police Department and City of Folsom (collectively, Folsom) appealed a trial court’s order denying a petition filed under Welfare and Institutions Code section 8102 for authorization to dispose of…

Justia Opinion Summary: After Morales distanced himself from a gang, gang members assaulted him and stabbed him twice. Morales testified against a gang member and was placed in a witness protection program. Morales carried knives for…

Justia Opinion Summary: Three drivers for the rideshare company, Lyft, each filed separate representative actions against Lyft under the Private Attorneys General Act of 2004 (PAGA) (Lab. Code 2698), alleging that Lyft misclassified its…

Justia Opinion Summary: In 2018, defendant Ashneel Mani broke into the house where his mother and his brother lived. Defendant’s brother opened his bedroom door and saw defendant running up the stairs holding a kitchen knife. Scared,…

Justia Opinion Summary: An employee of a tire store was closing the store when defendant Jered Pillsbury entered wearing a hooded sweatshirt with the hood pulled over his head and his face covered either with a shirt or a mask. Defendant…

Justia Opinion Summary: Defendants Sergeant Richard Knox and Sheriff’s Deputy Jeff Garrett, of the Tehama County Sheriff’s Department (Department), confronted plaintiff Michael Murchison on his rural property, while Knox and Garrett were trying…

Justia Opinion Summary: In this writ proceeding, petitioner Quinn Li challenged the continued vitality of the "Chamberlain rule" (Chamberlain v. Ventura County Civil Service Com., 69 Cal.App.3d (1977)) claiming the California Supreme Court’s…

Justia Opinion Summary: Before committing a minor to the California Division of Juvenile Justice (DJJ), the state’s most restrictive placement for its most severe juvenile offenders, the law required the juvenile court to find both that the…

Justia Opinion Summary: In 2004-2010, all the carriers signed a contract with The Fresno Bee to provide newspaper home delivery services, titled, “Independent Contractor Home Delivery Distribution Agreement.” In a class action alleging…

Justia Opinion Summary: After the Tribe refused to pay Findleton for construction work and rental services provided for a casino it was building and infrastructure for the reservation, Findleton invoked the ADR provisions of the agreements. The…

Justia Opinion Summary: Myles, living in White’s home reported White, missing. Weeks later police executed a search warrant and found White’s body entombed beneath a basement workbench. An autopsy indicated blunt trauma to his head. Myles had…

Justia Opinion Summary: Shortly before turning three years old, J.D. in 2018, was removed from his mother’s custody following two violent altercations in his presence, one of which seriously injured his six-month-old half-sister. Ultimately, …

Justia Opinion Summary: Alevy was an owner, officer, and board member of Amusement, a real estate company, engaged in the ongoing Stern Litigation. In 2010, Alevy offered Missakian employment as in-house counsel at Amusement, including working…

Justia Opinion Summary: Prison inmate Alex Marti petitioned for habeas relief from the warden of Mule Creek State Prison’s decision adjudicating him guilty of a prison disciplinary violation for possession of excess property on May 5, 2019.…

Justia Opinion Summary: Appellant Thandiew Wilson was convicted by a jury in July 2002 of, among other things, murder with the special circumstance findings that it was committed during the commission or attempted commission of a robbery and a…

Justia Opinion Summary: This action concerned a piece of property in Rancho Mirage. At one time, the owners of record were Val Janelunas and his father, Joseph Janelunas, as joint tenants; however, Joseph died, leaving Val as sole owner.…

Justia Opinion Summary: Police found Sumagang asleep in a car in a remote rural area. Sangco’s deceased body was lying on top of him. The police took Sumagang into custody and a detective subsequently interviewed him in two stages—first without…

Justia Opinion Summary: Dawson, the City Manager of Del Rey Oaks, purchased the Portola lot, “the last vacant lot” in the City. It had a water meter but no water credits and could not be built upon without water credits. The prior owner had…

Justia Opinion Summary: Government Code 65915 requires that municipalities allow increased building density, and grant concessions and waivers of permit requirements, in exchange for an applicant’s agreement to dedicate a specified number of…

Justia Opinion Summary: Caballero, who reads and writes only in Spanish, signed a two-page “RESIDENT FACILITY ARBITRATION AGREEMENT” when his mother, Maria, was admitted to Premier Care. The Arbitration Agreement is in English. Three years…

Justia Opinion Summary: Defendant Gregory Lee Wise texted and called a woman, R.F., hundreds of times for three years after they had gone on two dates despite her continued demands for him to stop. During this period, defendant stored hundreds…

Justia Opinion Summary: Plaintiff Irean Amaro filed this wage and hour class action and Private Attorneys General Act (PAGA) lawsuit against defendant Anaheim Arena Management (AAM) in 2017. At the time, there were already two existing class…

Justia Opinion Summary: On February 22, a criminal complaint was filed against the defendant for unlawful driving or taking of a vehicle. On February 26, the defendant was in custody and present in court for a pretrial hearing. The court…

Justia Opinion Summary: The Department filed suit against M&N, alleging numerous causes of action stemming from defendants' operation of a business that purchased retail installment sales contracts from used car dealerships where defendants…

Justia Opinion Summary: Robert filed a petition, alleging that Dae violated a “no contest” clause in a family trust by filing a previous petition challenging Robert’s actions as trustee. Dae’s subsequently moved to strike Robert’s petition…

Justia Opinion Summary: After Holdings defaulted on a loan to purchase a commercial aircraft, Banc filed suit alleging that Holdings breached the terms of the loan documents in various respects. Banc also alleged it had a right to sell the…

Justia Opinion Summary: Isaac Zafft was fatally shot when a marijuana greenhouse in which he was sleeping was being robbed. In 2014, Nathan Philbrook and Daniel Devencenzi stole marijuana from multiple marijuana farms and greenhouses…

Justia Opinion Summary: Harring is serving life without the possibility of parole for a murder he committed in 1997 before he turned 18 years old. The superior court denied his petition to recall his sentence under Penal Code section…

Justia Opinion Summary: Muskan Food sought a writ of mandate challenging the City's approval of a conditional use permit for the development of a neighborhood shopping center across the street from Muskan Food's gas station and convenience…

Justia Opinion Summary: In 2008, Mendez was convicted of 12 counts of second-degree robbery and one count of attempted second-degree robbery, with personal weapon use enhancement findings as to 12 of the counts (Penal Code 12022.53(b)). He was…

Justia Opinion Summary: In April 2018, Cavey filed a personal injury action for injuries sustained in a traffic accident involving a vehicle driven by a School District employee. Citing the six-month statute of limitations, Government Code…

Justia Opinion Summary: In a suit concerning oil and gas royalties, Poole, an attorney, represented only himself. Poole's interest in the royalties is “less than 1%,” the other owners were members of two families. Poole sought “$50,745 for…

Justia Opinion Summary: Three appeals arose from an insurance coverage dispute following a wildfire that burned in Siskiyou County, California. In September 2014, the Boles Fire damaged and destroyed numerous homes in the town of Weed,…

Justia Opinion Summary: Plaintiff-appellant County of Sacramento (County) appealed a trial court’s grant of summary judgment in favor of defendant-respondent Department of Water Resources (DWR). In 2019, the County sought injunctive relief…

Justia Opinion Summary: Plaintiff-appellant Cheryl Thurston was blind and used screen reader software to access the Internet and read website content. Defendant-respondent Omni Hotels Management Corporation (Omni) operated hotels and resorts.…

Justia Opinion Summary: A Monterey pine tree grows in the Prices’s backyard and obstructs Kahn’s views of the San Francisco Bay and Marin County from the main level of her residence. Kahn sought relief under the San Francisco Tree Dispute…

Justia Opinion Summary: Leonard sought the involuntary dissolution of the family business. After his brothers, Michael and Joseph, invoked their statutory right to buy Leonard’s interests in the business pursuant to a court-ordered appraisal,…

Justia Opinion Summary: Bernice filed an action for the involuntary dissolution of an LLC. Her sisters, Arlene, Caroline, and Diana owned equal shares. Caroline and Diana elected to purchase Bernice’s and Arlene’s interests pursuant to…

Justia Opinion Summary: Chavez was convicted for leaving the scene of an accident resulting in permanent, serious injury to another person (Veh. Code 20001(a), (b)(2)) and was sentenced to six years’ imprisonment. At trial, nine months after…

Justia Opinion Summary: Three appeals against respondent Department of Water Resources all involved litigation related to changes in long-term water supply contracts brought about by the “Monterey Agreement” and “Monterey Amendment.” In the…

Justia Opinion Summary: In 2016, Placer County, California (the County) approved a project to develop a resort on about 94 acres near Lake Tahoe. Sierra Watch challenged the County’s approval in two lawsuits, both of which were appealed. In…

Justia Opinion Summary: Strobel, diagnosed with malignant mesothelioma in 2019, died at age 68 in 2020. Strobel had sued for product liability, negligence, and fraud, alleging that continuous exposure to asbestos in J&J’s Baby Powder (JBP), a…

Justia Opinion Summary: The appointment of a guardian ad litem for a parent in a dependency proceeding radically changes the parent's role, transferring direction and control of the litigation from the parent to the guardian ad litem. While…

Justia Opinion Summary: In 2016, Placer County, California (the County) approved a project to develop a resort on about 94 acres near Lake Tahoe. Sierra Watch challenged the County’s approval in two lawsuits, both of which were appealed. In one…

Justia Opinion Summary: Brown, charged with misdemeanor loitering with the intent to commit prostitution, moved to suppress evidence resulting from statements she made to the arresting officer. At the hearing on Brown’s motion, the prosecutor…

Justia Opinion Summary: In this dispute over internet names, DotConnect appealed to ICANN's internal dispute resolution program and told the arbitrators they should grant it seven procedural advantages during the arbitration—advantages like…

Justia Opinion Summary: In the underlying action, the insureds were sued by victims of a fire that occurred at the insureds' property. The insurer, Aspen, and managing underwriter, D&H, defended the action, which ultimately settled without any…

Justia Opinion Summary: Silas and Whitley, brothers and members of a San Francisco street gang, suspected Zinn, a fellow gang member, had stolen guns from them. The brothers attacked Zinn outside his and Dow’s (Zinn’s girlfriend) apartment…

Justia Opinion Summary: Milan and Dmitry Piterman were married in 1990. In 2013, Milan filed a petition for legal separation. Korchemny, a close friend of Dmitry’s, sued Dmitry, Milan, and Milan’s Trust based on two promissory notes. Dmitry…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's orders denying NBA Automotive's motions for judgment notwithstanding the verdict and for a new trial in an action brought by plaintiff alleging wrongful termination and…

Justia Opinion Summary: Brianna McKee Haggerty appealed a probate court order finding that a trust agreement was validly amended, thereby excluding her from distribution. Haggerty’s aunt, Jeane Bertsch, created the trust in 2015. The trust…

Justia Opinion Summary: X.M., a student at Maple Elementary School, sued Hesperia Unified School District (HUSD), claiming he was sexually assaulted on campus by one of their employees. He sought treble damages under Code of Civil Procedure…

Justia Opinion Summary: Defendant, formerly a physical therapist, was charged with sexual penetration by foreign object (count 1); sexual penetration by foreign object of a person incapable of giving legal consent because of a mental disorder…

Justia Opinion Summary: Defendant Alfred Lopez-Vinck appealed after a jury convicted him of three counts of robbery and three counts of assault with a deadly weapon. Lopez-Vinck and his girlfriend and co-defendant Misty Lynn Probert were both…

Justia Opinion Summary: Defendant-appellant Chase sexually assaulted aesthetician, plaintiff-respondent Kimberly Finlan during a facial treatment session at a resort spa. Finlan sued Chase, and in the course of litigating her personal injury…

Justia Opinion Summary: In 2013, Steven Ray Eynon pled guilty to premeditated first degree murder and admitted that the murder was committed during a robbery. The information alleged that a codefendant was the actual killer. In 2019, Eynon…

Justia Opinion Summary: In 2008, defendant Antonio Barboza was initially convicted of first degree murder with a gang special circumstance. The trial court reduced the conviction to second degree murder, struck the special circumstance, and…

Justia Opinion Summary: Plaintiff-appellant Sharon Curcio, formerly a teacher with the Fontana Unified School District (the district), learned her personnel file included derogatory statements about her. When the district refused to allow…

Justia Opinion Summary: The Court of Appeal granted MTA's petition for writ of mandate arising from a special proceeding it filed on March 8, 2021, to quash a search warrant. The court concluded, and counsel for respondent conceded, that a…

Justia Opinion Summary: After the City of San Mateo denied an application to build a ten-unit apartment building, petitioners sought a writ of administrative mandamus seeking to compel the project's approval. The trial court denied the…

Justia Opinion Summary: Plaintiff filed suit against the University, alleging a claim for retaliation, as well as age and gender discrimination. The trial court granted the University's motion for summary judgment but erroneously excluded…

Justia Opinion Summary: The Court of Appeal concluded that Penal Code section 3051, subdivision (h) does not violate equal protection, and the exclusion of offenders sentenced under the Three Strikes law from youth offender parole consideration…

Justia Opinion Summary: The underlying litigation stems from a former employment relationship between appellant and respondent. In this action, after significant discovery, respondent voluntarily dismissed its misappropriation of trade secrets…

Justia Opinion Summary: Defendant Michael Barefield appealed his convictions of corporal injury, assault with a deadly weapon, and false imprisonment, arising from his attack against a former girlfriend. He claimed the trial court erred by: (1)…

Justia Opinion Summary: Defendant Amit Bharth was convicted by jury on two counts of forcible rape, assault by means of force likely to produce great bodily injury, and false imprisonment. The jury also found true the allegation that defendant…

Justia Opinion Summary: Plaintiff Santiago Medina appealed the grant of summary judgment in favor of his putative joint employer, defendant Equilon Enterprises, LLC (Shell), which was a Shell Oil Company subsidiary doing business as Shell Oil…

Justia Opinion Summary: The issue presented by this case arose from a family law order setting pendente lite spousal support. Appellant Mitchell Fletcher operated an investment management business. His income fluctuated considerably from year…

Justia Opinion Summary: The Court of Appeal held that trial courts have inherent authority to ensure that Private Attorneys General Act of 2004 (PAGA) claims will be manageable at trial, and to strike such claims if they cannot be managed. In…

Justia Opinion Summary: Defendant Kejhonne Henderson shot and killed J.P. at a house party in the North Highlands neighborhood of Sacramento. Upset that music of a local rapper disparaging his neighborhood’s gang was being played, defendant…

Justia Opinion Summary: Defendant-appellant Alicia Haro was convicted by jury of multiple drug related offenses after she crossed into the United States from Mexico on three occasions while transporting large amounts of methamphetamine hidden…

Justia Opinion Summary: This appeal challenged the validity of a possessory interest tax imposed by the County of Riverside, California (the county) upon lessees of federally owned land set aside for the Agua Caliente Band of Cahuilla Indians…

Justia Opinion Summary: The Department regulates the use of pesticides, including 1,3-Dichloropropene (1,3-D), which is used in agriculture. Only Dow produces 1,3-D for use in California As a condition of Dow’s continued registration of 1,3-D…

Justia Opinion Summary: The Court of Appeal concluded that the order denying the motion to vacate for extrinsic fraud is appealable in this case, and that misrepresentations of material fact in a conservator's account are treated as extrinsic…

Justia Opinion Summary: Plaintiffs filed suit against defendants for wrongful arrest after plaintiffs were arrested for public intoxication under Carson Municipal Code section 4201. Plaintiffs spent a night and the better part of the next day…

Justia Opinion Summary: Big Sugar filed suit alleging libel, slander, and violation of the Unfair Competition Law after defendant aired his dissatisfaction with the bakery to his 1.5 million social media followers and later discussed the…

Justia Opinion Summary: S.H.R. petitioned the superior court for the appointment of a guardian of his person and for judicial findings that would enable him to petition the USCIS to classify him as a special immigrant juvenile (SIJ) under…

Justia Opinion Summary: Two years after she pled guilty to felony animal cruelty Danae Rodriguez requested pretrial mental health diversion under Penal Code section 1001.36. The trial court denied her request as untimely because it was not…

Justia Opinion Summary: Duncan moved into a San Francisco apartment in 1994. Duncan’s wife moved into the unit in 2010, and they lived together with their daughter. Duncan never missed a rent payment and was never late with his rent. Duncan’s…

Justia Opinion Summary: California Highway Patrol Officers Herve and Bethay passed a pickup truck and saw the driver, Grabham, looking down at his cellphone. They noticed Grabhams’s vehicle registration had expired. Although Herve had not…

Justia Opinion Summary: Moore was convicted of murder (Penal Code 187) and robbery (section 211); a jury found true the special circumstance that the murder was committed during a robbery (190.2(a)(17)). Moore sought habeas relief, challenging…

Justia Opinion Summary: In 2008, Murray was sentenced to life in prison without the possibility of parole (LWOP) for a first-degree special circumstance murder he committed when he was 22 years old. His conviction was affirmed In 2010, In 2020,…

Justia Opinion Summary: For 28 years, the employees managed the Kazalis's motel. They were paid salaries and annual bonuses. In 2017, the Kazalis terminated the employees and paid their salaries, but not the 2017 bonuses, despite conceding that…

Justia Opinion Summary: Saxton pled no contest to driving under the influence (Veh. Code 23152(f)), a misdemeanor, and willfully evading a police officer (Veh. Code 2800.2(a)), a felony. The trial court suspended imposition of sentence and…

Justia Opinion Summary: The underlying judgment encompasses two probate petitions: the first petition was filed on April 26, 2011, by appellants, Everett Earle Pearce, Jr., and Flora Geraldene Crawford (collectively, Pearce Parties), and the…

Justia Opinion Summary: Barbara Green (Barbara) filed this wrongful death action after her son Jeffrey Green (Green) jumped from the roof of drug rehabilitation treatment facility Anaheim Lighthouse (Lighthouse), and ended his life. Lighthouse…

Justia Opinion Summary: Jeffrey "Jeff" Ashby appealed a trial court’s decision to renew a domestic violence restraining order (DVRO) issued against him to protect his ex-wife Michelle Ashby. He claimed the court erred because the DVRO was not…

Justia Opinion Summary: Swenberg sued Dmarcian, Draegen, and Groeneweg, alleging claims related to his ownership interest in and employment with the company. Dmarcian was incorporated in Delaware and, in 2017, registered with the California…

Justia Opinion Summary: In 2005, Rodriguez pleaded no contest to the charge of possession for sale of methamphetamine. She was placed on probation. She brought her Penal Code 1473.7 motion soon after she was detained by federal authorities,…

Justia Opinion Summary: In 2018, a Sacramento Police Department administrative penalty of $137,500 was imposed on plaintiffs Zuhu Wang and Xiaoyan Yue based on the number of marijuana plants that were found on property they owned in excess of…

Justia Opinion Summary: A reverse validation action was brought by petitioners Bonnie Wolstoncroft, William Unkel, and Michael Wilkes against the County of Yolo (County) to challenge the County’s plan to continue water service to 95 residences…

Justia Opinion Summary: Plaintiff Wendy McKenzie was injured by a falling tree branch while jogging in Lower Bidwell Park, a municipal park owned by the City of Chico, California. She and her husband, Leslie McKenzie, real parties in interest,…

Justia Opinion Summary: Plaintiff Sayedeh Sahba Amjadi appealed the dismissal entered after a settlement was entered by her attorney on her behalf and over her objection with defendant Jerrod West Brown, and appealed an order denying her…

Justia Opinion Summary: Rozanova, self-represented, sued her neighbors, the respondents, in 2019. Rozanova had previously asserted claims involving the same property in 2013. The respondents unsuccessfully moved to have Rozanova declared a…

Justia Opinion Summary: The plaintiffs represent a certified class of current and former employees of Westamerica Bank who allege that Westamerica violated the Labor Code. The parties agreed that the parties would depose 30 class members as…

Justia Opinion Summary: Plaintiff Kimberly Olson appealed a trial court’s denial of her motion for preliminary injunction. Olson sought to enjoin defendant Hornbrook Community Services District (district) from having its employee, defendant…

Justia Opinion Summary: Plaintiff filed a lawsuit alleging a tort claim arising out of injuries suffered in California and retained a Virginia-based law firm with Virginia-licensed lawyers to represent her in negotiating a settlement with the…

Justia Opinion Summary: Pacific Harmony Grove Development, LLC and Mission Valley Corporate Center, Ltd. (Owners) appealed the judgment entered in a condemnation case following the first phase of a bifurcated trial at which the trial court…

Justia Opinion Summary: In 2017, a scene depicting an armed robbery of a jewelry store was filmed in New Orleans for the CBS television show, NCIS: New Orleans. No permits were obtained for the filming and police were not informed. A neighbor,…

Justia Opinion Summary: Plaintiff Ryan Holman sued the County of Butte, California, the County of Butte Health and Human Services Department (Health and Human Services), and the County of Butte Sheriff’s Office (Sheriff’s Office) (collectively…

Justia Opinion Summary: Medrano and Vargas purchased a semi-automatic rifle. Medrano “scored” the bullets to make them "more explosive.” Vargas, Throop, and Scholle discussed committing a drive-by shooting. Vargas drove them to Ventura…

Justia Opinion Summary: After her husband Benny Wall (decedent) died, petitioner Cindy Wall (wife) petitioned the probate court to determine that a home, titled in decedent’s name, was community property. Decedent’s children, objectors Timothy…

Justia Opinion Summary: Finato sued her former attorneys, asserting malpractice, breach of fiduciary duty, breach of contract, and intentional interference with prospective economic advantage. The defendants argued that all of the alleged…

Justia Opinion Summary: In 2018, the California Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.), which amended the mens rea requirements for the crime of murder and restricted the circumstances under which a person can be liable…

Justia Opinion Summary: Thirteen-year-old Jessica F.-H. was brutally murdered in a Sacramento County park. Her murder went unsolved until defendant Ryan Roberts' DNA was linked to her belt buckle and cigarette butts found at the scene.…

Justia Opinion Summary: An individual bought a condominium, which she consistently rented for short terms. Sixteen years after her purchase, the owner’s association amended its governing documents to prohibit renting properties for less than 30…

Justia Opinion Summary: Months after the juvenile court denied E.G. (Mother) reunification services, Mother filed a petition under Welfare and Institutions Code section 388 asking for reunification services. The court denied the petition and…

Justia Opinion Summary: Objectors challenged the Watershed Conservation Authority's (WCA) certification of the environmental impact report (EIR) for a project in the Angeles National Forest (California Environmental Quality Act (CEQA), Pub.…

Justia Opinion Summary: In 1998, Tan was convicted of first-degree murder (Penal Code 187) and robbery. With firearm, prior strike, and serious felony enhancements, the court sentenced him to an aggregate indeterminate term of 56 years to life…

Justia Opinion Summary: Ahmed Mumin was convicted by jury of first degree murder, burglary, and robbery. The jury also convicted Mumin on two counts of premeditated attempted murder of a peace officer, two counts of assault on a peace officer…

Justia Opinion Summary: Alameda County Waste Management Authority sought records from three out-of-county landfills (Waste Connections) that disposed of waste originating in Alameda County. The Integrated Waste Management Act, Public Resources…

Justia Opinion Summary: N.B. was removed from her parents’ care in 2008 when she was one year old. Her grandmother, Catherine, cared for her became her legal guardian in 2012. A maternal aunt also became a co-guardian. Years later N.B.…

Justia Opinion Summary: Morris Cerullo World Evangelism (MCWE) appealed an order denying its special motion to strike, made pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute), which was directed to three affirmative…

Justia Opinion Summary: Where it is undisputed that there is a community property interest in real property, it is the obligation of both spouses to ensure that the family court has the information necessary to determine that interest, no…

Justia Opinion Summary: Debra Turner, formerly a director and president of the Conrad Prebys Foundation (Foundation), appealed judgments of dismissal in favor of the Foundation and its directors, following orders sustaining demurrers to her…

Justia Opinion Summary: Plaintiffs-appellants Will Taylor, Ken Gorman and Nicholas Wayman, individuals who formerly conducted bail fugitive recovery, appealed the grant of summary judgment in favor of defendant-respondent Financial Casualty &…

Justia Opinion Summary: Defendant filed a motion pursuant to Penal Code section 1473.7 to vacate a 2000 conviction entered after he pled guilty to felony theft. In the published portion of the opinion, the Court of Appeal addressed the meaning…

Justia Opinion Summary: The County appeals from a judgment and issuance of a peremptory writ of mandate in a proceeding under the California Environmental Quality Act (CEQA). In the published portion of the opinion, the Court of Appeal…

Justia Opinion Summary: Czirban was charged with regulatory crimes following a fatal 2016 accident involving his bulldozer, which had been assisting the California Department of Forestry and Fire (Cal Fire) at a wildfire in Monterey County.…

Justia Opinion Summary: In 2017, after being charged with willful, deliberate, and premeditated murder (Pen. Code 187(a)), McClure pleaded no contest to voluntary manslaughter (192(a)) and 11 other crimes. The superior court imposed an…

Justia Opinion Summary: Burlington appealed the trial court's order granting in part and denying in part its special motion to strike under Code of Civil Procedure section 425.16 (the antiSLAPP statute). A former employee had filed a putative…

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's jurisdictional order, as well as related dispositional orders, declaring daughter a dependent child under Welfare and Institutions Code section 300 and removing her from…

Justia Opinion Summary: Plaintiff filed suit against her former employer, AmeriHome, in a putative class action lawsuit for unpaid overtime compensation and unlawful business practices. The superior court granted AmeriHome's motion to compel…

Justia Opinion Summary: Zuniga, employed by Alexandria Care as a housekeeper, 2006-2012, filed a putative class action, alleging violations of the Labor Code and the governing Industrial Welfare Commission wage order, including failure to…

Justia Opinion Summary: Based on his active role in a 2010 shootout between rival gangs, Mancilla was convicted of first-degree murder and four counts of attempted willful, deliberate, and premeditated murder. In 2016, the court of appeal…

Justia Opinion Summary: California Labor Code section 1197.1 (b) authorized the Division of Labor Standards Enforcement (the Division) to issue a citation to an employer if the Division “determines that a person has paid or caused to be paid a…

Justia Opinion Summary: Qaadir was driving a truck for his employer when he was hit from behind by a tractor-trailer. Qaadir was traveling at approximately 10-15 mph and the other driver was traveling at approximately 45 mph. Both vehicles…

Justia Opinion Summary: A jury found defendant Gregory Wilson guilty of second degree murder. He was sentenced to 17 years to life. On appeal he contended the trial court erred in failing to: (1) instruct the jury sua sponte on defenses arising…

Justia Opinion Summary: Defendant Nathan Henderson pleaded no contest to possession of a nunchaku, and admitted a prior prison term. In August 2018, the trial court imposed an aggregate sentence of four years, consisting of: three years for the…

Justia Opinion Summary: Petitioner Karen Sims, a former attorney with long standing history of mental illness, was convicted of murdering her husband Henry Sims in 2006 and was sentenced to prison for a term of 50 years to life. After her…

Justia Opinion Summary: Maryam Hedayati appealed the grant of summary judgment in favor of Interinsurance Exchange of the Automobile Club (Auto Club or the Club) on Hedayati’s breach of good faith and fair dealing claim. Hedayati suffered…

Justia Opinion Summary: The Court of Appeal reversed the trial court's judgment in favor of CCCERA following the denial of plaintiff's fourth amended petition for writ of mandate (petition) filed under Code of Civil Procedure section 1085.…

Justia Opinion Summary: In 2018, faced with the “impending loss of the Raiders to Las Vegas and the Golden State Warriors to San Francisco,” the Legislature sought to facilitate “a new baseball park” at the Howard Terminal site in Oakland. The…

Justia Opinion Summary: Mark Yazdani was the president and sole owner of Meridian Financial Services, Inc. (Meridian). Over the span of a year, Yazdani made a series of investments totaling $5,079,000 in an international gold-trading scheme run…

Justia Opinion Summary: Mark Yazdani was the president and sole owner of Meridian Financial Services, Inc. (Meridian). Over the span of a year, Yazdani made a series of investments in an international gold-trading scheme run by a loan broker,…

Justia Opinion Summary: After years of spraying Roundup herbicide on their property, Pilliod and her husband, Pilliod, each developed non-Hodgkin’s lymphoma. The Pilliods sued Monsanto, Roundup’s manufacturer, alleging design defect and failure…

Justia Opinion Summary: When he was 17 years old, M.W. assaulted his girlfriend. After a Welfare and Institutions Code section 602 petition was filed, seeking to have him declared a ward of the juvenile court, M.W. admitted to willful…

Justia Opinion Summary: In February 2018, Blake McKenna filed a form complaint against Lance Beesley and Smoothreads, Inc. (Smoothreads). McKenna alleged that on August 4, 2017, he was a pedestrian lawfully crossing the street when he was…

Justia Opinion Summary: Plaintiff and her late husband, Grant Tinker, signed a premarital agreement (PMA) that in relevant part governed the ownership and testamentary disposition of their marital home. Respondents, Larry Ginsberg and his law…

Justia Opinion Summary: Defendant appealed from an order denying its petition to compel arbitration of Labor Code claims pursued by former employees, who contend that their lawsuit is limited to recovering civil penalties under the Private…

Justia Opinion Summary: Harris was diagnosed with mesothelioma in 2014 and filed suit, alleging negligence and strict liability. Harris died weeks later. The claims arose out of Harris’s alleged exposure to asbestos while he served in the U.S.…

Justia Opinion Summary: Petitioners Howard Jarvis Taxpayers Association, David Shawver, Brooke Paz, Ryan Hoskins, and Amanda McGuire brought two petitions for writ of mandate challenging the constitutionality of legislative amendments made to…

Justia Opinion Summary: A juvenile wardship petition charged Noah with several crimes, such as motor vehicle burglaries and vandalism; he entered a plea admitting one felony motor vehicle burglary count. While Noah’s wardship was ongoing, a…

Justia Opinion Summary: Hom rented a San Francisco building to Entertainment for a restaurant. The lease allowed Entertainment to encumber its leasehold in favor of its lenders. A lender with an encumbrance could do anything required of…

Justia Opinion Summary: The Court of Appeal denied a petition for writ of habeas corpus to petitioner who was convicted of murdering her three young children by setting a house fire that killed them. Petitioner argues that the current…

Justia Opinion Summary: This is appellant's third appeal concerning the conservatorship of the person and estate of his mother, Norma Farrant. The Court of Appeal affirmed the probate court's orders requiring him to pay $63,448.90 for…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of the Swiss defendants' motions to quash service of summons for lack of personal jurisdiction. At issue in this appeal is whether a Swiss company and its executive…

Justia Opinion Summary: Morales fired six shots toward a parked car, resulting in the death of his pregnant acquaintance who stood near the car. The jury convicted Morales of two counts of first-degree murder, one count of attempted murder, one…

Justia Opinion Summary: San Mateo County Deputy Tapia was dispatched to a Millbrae apartment about 2:00 a.m. on September 21, 2020, based on a 911 call. Tapia learned that Ayala had accused his stepfather, Abner, of molesting Ayala’s daughter…

Justia Opinion Summary: Code of Civil Procedure section 1288 requires that a petition to vacate an arbitration award must be filed and served no later than 100 days after service of the award. Section 1288.2 imposes the same deadline on a…

Justia Opinion Summary: The issue presented for the Court of Appeal’s review in this case arose from a residential construction defect lawsuit filed by several homeowners against Pulte Home Corporation. The homeowners sued Pulte for allegedly…

Justia Opinion Summary: Plaintiff Family Health Centers of San Diego operated a federally qualified health center (FQHC) that provided various medical services to its patients, some of whom are Medi-Cal beneficiaries. Section 330 of the Public…

Justia Opinion Summary: In May 2019, Andy Kim filed a lawsuit against law firm Metsch & Mason, LLP, its partners Paul Metsch and Michael Mason (collectively, the law firm defendants), and their clients R Consulting & Sales, Inc. (R Consulting),…

Justia Opinion Summary: Clark, a felon with multiple priors, was approached by a police officer and fled the scene, disposed of a loaded handgun by throwing it over a fence, and then resisted arrest, ultimately injuring the officer. Clark…

Justia Opinion Summary: Before defendant was charged with ordering the kidnapping, rape, and killing of a 13-year-old girl, defendant made inconsistent statements to law enforcement—at first denying he ever saw the victim, but later admitting…

Justia Opinion Summary: When part of a criminal sentence is ordered stricken by an appellate court, the trial court on remand "has jurisdiction to modify every aspect of the sentence" when resentencing. The Court of Appeal held that a trial…

Justia Opinion Summary: California has two statutory mechanisms for detaining, evaluating, and treating persons who have been declared incompetent to stand trial for a felony that entailed a threat of bodily harm, and who continue to pose a…

Justia Opinion Summary: Plaintiff Lisa Braganza sued defendant Albertson’s LLC (Albertson’s) for personal injuries and other damages she sustained as a result of slipping and falling on the floor of an Albertson’s grocery store. The trial court…

Justia Opinion Summary: L.O. (Father) and Z.T. (Mother) were the parents of six-year-old L.L.O. (L.), a boy born in December 2014. Father appealed a juvenile court order adjudicating L. as a dependent of the court and removing L. from parental…

Justia Opinion Summary: Plaintiff Brian Exline appealed an order granting defendant Lisa Gillmor’s special motion to strike under California's anti-SLAPP law. Exline filed a complaint against Gillmor alleging that, during her terms serving as a…

Justia Opinion Summary: Defendant Johnny Lapenias committed multiple sex offenses against his stepdaughter. However, the stepdaughter did not disclose Lapenias’ sexual abuse to the police until years later, when she was 14 years old. At a jury…

Justia Opinion Summary: Retired superior court judges who have participated in the Temporary Assigned Judges Program (TAJP) challenged recent changes to the program made by the Chief Justice, including limits on the duration of service in the…

Justia Opinion Summary: A mother of four young children was found guilty by jury of first degree murder and assault on a child resulting in death, after she killed her youngest child and only daughter. There was no dispute defendant Ka Yang,…

Justia Opinion Summary: San Francisco obtained fee title to an 80-foot strip of land by grant deed in 1951 from the plaintiffs' grandparents to construct an underground pipeline for the Hetch Hetchy Regional Water System. The deed reserved to…

Justia Opinion Summary: After completing MoneyGram's Transfer Send Form, Fisher, a 63-year-old veteran with poor eyesight, initiated Moneygram money transfers at California Walmart stores, one for $2,000 to a Georgia recipient, and another for…

Justia Opinion Summary: It is improper for counsel to assert or imply facts not in evidence that counsel knows could be refuted by evidence the court has excluded; it is also improper to argue facts not in the record, and to continue to argue…

Justia Opinion Summary: The Court of Appeal affirmed the unanimous jury's finding in favor of Underwood Ranches in an action for breach of contract and fraud, as well as the award of $13.3 million in compensatory damages and $10 million in…

Justia Opinion Summary: After Kirk Hollingsworth was involved in a fatal accident while working for HT, Hollingsworth's wife and son filed a wrongful death action against HT and Bragg. Plaintiffs alleged that HT lacked the required workers'…

Justia Opinion Summary: After a two-day hearing, the trial court found L.R. (Mother) to be obsessive, aggressive, manipulative, and controlling of K.A. (Father) during a two-hour urgent care visit with the parties’ sick minor child - an…

Justia Opinion Summary: C.D. (Father) and R.Q. (Mother) appealed the juvenile court’s orders terminating parental rights to their son, B.D. (born 2012) and daughter L.D. (born 2015). The parents contended the juvenile court erred in finding…

Justia Opinion Summary: Defendants Vasquez and Carrillo's trial was trifurcated into three proceedings: in the first proceeding, a jury convicted defendants of first degree murder, and found the personal firearm use enhancement to be true as to…

Justia Opinion Summary: Proposition 13 and Proposition 218 amended the California Constitution to require that any special tax adopted by a local government entity take effect only if approved by a two-thirds vote of the electorate. The court…

Justia Opinion Summary: Judge John W. Ouderkirk (Ret.) was the privately compensated temporary judge selected by petitioner, Angelina Jolie, and real party in interest, William Bradley Pitt, to hear their family law case. Jolie filed a…

Justia Opinion Summary: Doane lost control of his truck and collided head-on with a vehicle driven by Jouaux, killing him. Doane fled on foot and was not apprehended until the following day. At trial, the key disputed issue was whether Doane…

Justia Opinion Summary: Plaintiff filed suit against his criminal defense attorney for legal malpractice after he entered a plea of guilty to federal tax charges in United States District Court. Plaintiff alleged his attorney, Martin…

Justia Opinion Summary: Sergio Rojas Arias appealed the summary denial of his petition to vacate his first degree murder conviction under Penal Code section 1170.95. The trial court found Arias was not entitled to relief, as a matter of law,…

Justia Opinion Summary: Petitioner Pedro Rodriguez was serving a determinate term of 14 years eight months in prison. This term was the result of two separate proceedings in the trial court, both of which ended with jury trials and judgments of…

Justia Opinion Summary: In November 2013, the victim went to a parking lot to purchase cocaine from another individual. Hoang pulled out a gun and fatally shot the victim. The prosecution’s theory was that Hoang intended to rob the victim and…

Justia Opinion Summary: A jury awarded plaintiffs, the adult children and heirs of songwriter Terry Gilkyson, $350,000 based on its finding that Disney, and its music publishing subsidiary Wonderland, had failed to pay contractually required…

Justia Opinion Summary: Plaintiff-appellant Gina Johnson filed a lawsuit against her employer, Maxim Healthcare Services, Inc. (Maxim), under the Private Attorney General Act of 2004 (PAGA). Maxim is a national healthcare staffing company and…

Justia Opinion Summary: Guice was convicted, in three separate cases. of transportation of a controlled substance, two counts of possession of cocaine base for sale, evading an officer, robbery, possession of a controlled substance for sale,…

Justia Opinion Summary: Postmates’ website enables customers to arrange for deliveries from local businesses. Beginning in March 2017, prospective couriers seeking to offer their delivery services were presented with Postmates’ Fleet Agreement…

Justia Opinion Summary: In 1983, Marsha Carter was found dead, in the trunk of her car, from multiple sharp-force injuries. The case went inactive. In 2008, investigators processed evidence, using procedures unavailable in 1983. The DNA…

Justia Opinion Summary: In 2009, Wilson was convicted of two counts of lewd and lascivious acts with a child under age 14 using force or violence and one count of sexual battery. After serving a state prison term, Wilson was released to parole…

Justia Opinion Summary: At issue in this appeal is the attorney fee clause in a commercial space lease that plaintiff leased from defendant. After nearly three years and a jury trial, the jury gave plaintiff $6,450 on his contract claim, which…

Justia Opinion Summary: In the published portion of the opinion, the Court of Appeal agreed with defendant that, under In re Estrada (1965) 63 Cal.2d 740, Assembly Bill No. 1950 applies retroactively to cases not yet final on review. However,…

Justia Opinion Summary: Richards sued 105 defendants, including Cahill, with claims arising out of Richards’s alleged asbestos exposure during his 30-year career as a pipefitter. The trial court granted trial preference based on a declaration…

Justia Opinion Summary: Defendant Jesus Rodriguez and his codefendant Ralph Gamboa went on a two-day crime spree in Stockton, California: they robbed and attempted to rob numerous victims, and when met with resistance or perceived…

Justia Opinion Summary: M.M. appealed a judgment denying his petition to establish a parental relationship with his biological son (Child). M.M. filed the petition after he learned, when Child was two years old, that he was Child’s biological…

Justia Opinion Summary: In 2003, Pineda lured Ramirez into an alley and beat Ramirez with a baseball bat. According to Rosales, Pineda and Rosales left the scene but returned. Pineda got into Ramirez’s truck. Rosales, in a Mazda, claims he…

Justia Opinion Summary: The Court of Appeal exercised its discretion to construe Western Bagel's appeal as a petition for writ of mandate and granted the petition, directing the trial court to enter a new order compelling the parties to…

Justia Opinion Summary: Petitioner Taking Offense, an “unincorporated association which includes at least one California citizen and taxpayer who has paid taxes to the state within the last year,” sought a writ of mandate asserting facial…

Justia Opinion Summary: Gary and Bella Martin appealed after the trial court granted in part and denied in part their petition for writ of administrative mandate to challenge the imposition of certain special conditions placed on the…

Justia Opinion Summary: Three news media organizations made a request under the California Public Records Act to obtain unredacted records from the County of San Diego (County) that show the exact location of disease outbreaks during the…

Justia Opinion Summary: Mount was convicted in 1998 of felony possession of a controlled substance (Health & Saf. Code 11377(a)) after entering a plea and after also admitting to having served two prior prison terms (667.5(b)). The judgment was…

Justia Opinion Summary: Plaintiffs Champir, LLC (Champir), Daniel Javaheri, and Shiva Dehghani sued the Fairbanks Ranch Association (the Association) to enforce the recorded covenants, conditions, and restrictions (CC&Rs) of their planned…

Justia Opinion Summary: Defendant was convicted of possession of a firearm by a felon (Count 1), possession of ammunition by a felon (Count 2), being under the influence of a controlled substance (Count 3), and possession of drug paraphernalia…

Justia Opinion Summary: Defendant Sigifredo Zendejas Lopez (Lopez) brought a motion pursuant to California Penal Code section 1018 to vacate his 2019 guilty plea on three felony counts, one of which would have lead to almost certain deportation…

Justia Opinion Summary: Plaintiffs Linda and Dwayne Struiksma lost title to their home in a foreclosure sale. The purchaser at the sale then brought an unlawful detainer action against them under Code of Civil Procedure section 1161a(b)(3). A…

Justia Opinion Summary: Defendant Robert Potter sexually abused his daughter when she was five years old. He admitted the abuse during an interrogation at the police station. Convicted of one count of oral copulation with a child 10 years of…

Justia Opinion Summary: Hue Thi Dong Mai was sued for breach of contract by a prospective purchaser of the apartment building she owned, brought about because of fraudulent conduct on the part of Mai’s real estate agent. The prospective…

Justia Opinion Summary: Allstate Insurance Company et al. (Allstate) filed a complaint on behalf of itself and the People of California (qui tam) against Dr. Sonny Rubin and related medical providers (Rubin). Allstate generally alleged Rubin…

Justia Opinion Summary: Plaintiffs Michael and Crystal Haytasingh appealed a judgment entered in favor of defendants, City of San Diego (City) and Ashley Marino, a City lifeguard. Plaintiffs sued defendants after an incident that occurred at…

Justia Opinion Summary: Charles W. Sr. (Father) challenged a juvenile court's finding regarding his children Charles W. Jr. (Jr.), S.W., and R.W., that the Indian Child Welfare Act (ICWA) did not apply. He contended there was an insufficient…

Justia Opinion Summary: Thyrone Stewart was a veteran, honorably discharged from the Army in 1976. He was diagnosed with schizophrenia, which was determined to be related to his military service. In 1986 and again in 1992, he was convicted of…

Justia Opinion Summary: A juvenile wardship petition (Welfare and Institutions Code section 602(a)) alleged that Matthew had committed assault with a deadly weapon and assault by means likely to produce great bodily injury; that Matthew had…

Justia Opinion Summary: A.B., a 40-year-old male diagnosed to suffer from severe schizophrenia, has been subject to conservatorships on and off for 20 years. A.B. has no real property or significant assets; his only income is $973.40 in monthly…

Justia Opinion Summary: Appellant Pentech Financial Services, Inc. (Pentech) and Respondent Edward Roski, Jr., Trustee of the Roski Community Property Trust Dated November 1, 1987 (Roski), were two of several lien holder defendants in the…

Justia Opinion Summary: To connect a California caller to a California recipient, long-distance carriers must purchase access to local exchange services provided by local carriers (switched access services). Long-distance carriers have no…

Justia Opinion Summary: Malekeh Khosravan appealed the denial of her motion to strike or tax costs with respect to the expert witness fees incurred by defendants Chevron Corporation, Chevron U.S.A. Inc., and Texaco Inc. (Chevron defendants)…

Justia Opinion Summary: Plaintiffs Charles and Kimberley Bailey petitioned to quiet title to property in Frazier Park, California, based on their alleged adverse possession of the property for a five-year period. Before that period was…

Justia Opinion Summary: There were allegations that Gilead intentionally withheld a safer and potentially more effective HIV/AIDS medication in order to extend the sales window for its older, more dangerous treatment. In 2019, Ramirez, a…

Justia Opinion Summary: Appellant appealed the summary denial of his petition to vacate his 2000 murder conviction and for resentencing pursuant to Penal Code section 1170.95. The parties agree that the superior court's denial of the petition…

Justia Opinion Summary: Plaintiff Rodney Davis, a physician assistant, learned to perform liposuction under the guidance of a physician. Davis grew dissatisfied with the physician for whom he worked, so he decided to establish a new practice.…

Justia Opinion Summary: The Court of Appeal previously issued an opinion in this case on September 18, 2018, in which it affirmed the judgment. The California Supreme Court granted review in January 2019, deferring consideration and disposition…

Justia Opinion Summary: Defendants Luis Dominguez and Abraham Torres shot and killed Angel Sanabria and wounded Joseph Luna. They missed two others (Juan Coronado and Alberto Nava), who were in or near the same small enclosed area. All four…

Justia Opinion Summary: The Sellers bought an Oakland property to “flip.” After Vega renovated the property, they sold it to Vera, providing required disclosures, stating they were not aware of any water intrusion, leaks from the sewer system…

Justia Opinion Summary: Plaintiff filed suit against the City, alleging retaliation under Labor Code section 1102.5. The City asked the trial court to dismiss plaintiff's action for failure to exhaust available administrative remedies, but the…

Justia Opinion Summary: The Stone parties appealed from the trial court's order removing their mechanic's lien on a property owned by Plaintiff Manela and his former wife. The Stone parties jointly filed the mechanic's lien to collect payment…

Justia Opinion Summary: Plaintiffs filed suit alleging that their neighbors, comedian Kathleen Griffin and her boyfriend Randy Ralph Bick, Jr., invaded their right to privacy by recording images of plaintiffs' backyard and audio of their…

Justia Opinion Summary: After defendant was convicted of identity theft charges, the trial court awarded restitution for 19 hours of lost time to the victim, who owned 30 percent of a company called Electrical Advantage Engineering, and for the…

Justia Opinion Summary: On March 21, 2017, following a public hearing, East Bay Regional Park District (EBRPD) committed to accept Pacific Gas and Electric Company (PG&E) funding for “[e]nvironmental [r]estoration and [m]aintenance at Briones…

Justia Opinion Summary: Gonsalves was found in possession of a knife, credit cards in the names of Anna and Tracy, three cell phones, and a hotel key card, which contained credit card information for Carl.. The cell phones contained personal…

Justia Opinion Summary: During a traffic stop, Sanchez was driving a pickup truck with methamphetamine in its cab; in its open bed, police found a loaded rifle inside a bag that was partially covered by a board. Sanchez was charged with…

Justia Opinion Summary: Plaintiff filed suit against a reality show's production and media companies for various causes of action after discovering she was filmed while changing clothes in a dressing area designated for models, and that her…

Justia Opinion Summary: After defendant successfully petitioned the trial court under Penal Code section 1170.95 to vacate his second degree murder conviction, his conviction was redesignated as the uncharged target offense, battery, in…

Justia Opinion Summary: Petitioner Jose Medina was placed in custody in November 2016 on charges of second degree robbery and misdemeanor sexual battery. In June 2017, the respondent court found that Medina was mentally incompetent to stand…

Justia Opinion Summary: JP-Richardson, LLC (JP) appealed a court a judgment confirming an arbitration award in favor of Pacific Oak SOR Richardson Portfolio JV, LLC F/K/A KBS SOR Richardson Portfolio JV, LLC (Pacific Oak) in a business dispute.…

Justia Opinion Summary: Defendant Gabriel Presley challenged his commitment pursuant to the Sexually Violent Predator Act (SVPA), arguing his commitment as a sexually violent predator (SVP) was erroneous because expert testimony at trial was…