California Courts of Appeal Decisions 2021

Justia Opinion Summary: The Court of Appeal vacated the trial court's order denying defendant's motion to strike the one-year prior prison term enhancement from his state prison sentence. Defendant contends the court should have granted his…

Justia Opinion Summary: D.M. (father) appealed the termination of his parental rights to his biological daughter A.C. (child). He contended there was a failure to inquire into whether he had Indian ancestry, as required by the Indian Child…

Justia Opinion Summary: Appellants owned beachfront mobilehomes in Capistrano Shores Mobile Home Park located in the City of San Clemente. Each of their mobilehomes was a single-story residence. Between 2011 and 2013, appellants each applied…

Justia Opinion Summary: Plaintiffs were employees of Buffalo Wild Wings Restaurants owned and/or operated by defendants. In their lawsuit against defendants, plaintiffs asserted individual and class claims under various provisions of the Labor…

Justia Opinion Summary: In its petition seeking a workplace violence restraining order, Goals alleged that its employee and shareholder, A.K., needed protection from Rosas because he “verbally harassed and threatened” her, making her feel…

Justia Opinion Summary: Defendants and Glass attempted to rob L.V. and Poblete, while they were waiting to purchase marijuana. During that robbery, Poblete was shot and killed. Defendants were charged with murder and attempted second-degree…

Justia Opinion Summary: Plaintiff's claims stemmed from his exposure to asbestos when working with boilers manufactured by Weil-McLain, now a division of MW. The jury concluded that Weil-McLain was negligent and that its negligence was a…

Justia Opinion Summary: A superior court judge summarily denied petitioner Nancy Michelle Mendoza's petition for writ of habeas corpus, wherein she claimed she received ineffective assistance of counsel at her sentencing hearing. The California…

Justia Opinion Summary: Defendant Yamin Amahli Bongani El was convicted by jury of misdemeanor driving on a suspended license. On appeal, he argued the trial court: (1) failed to exercise its discretion in sentencing him to the maximum term in…

Justia Opinion Summary: In prior proceedings, defendant Phong Thanh Huynh's conviction on murder and firearms charges was reversed. Defendant was retried on the same charges in 2019. The jury found him guilty of the same charges, and he was…

Justia Opinion Summary: The recipients received unsolicited emails that advertised products sold by DMS. The emails were not sent by DMS itself, but by third-party “marketing partners” of DMS. The recipients sued DMS under Business and…

Justia Opinion Summary: San Francisco police arrested Corona after he entered a freestanding garage located on the same property as a house. The garage contained two vehicles, laundry machines, and other personal property belonging to the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of plaintiff's motion to further amend the judgment entered against Raleigh Souther and Get Flipped, Inc. by adding defendant as a judgment debtor. The court…

Justia Opinion Summary: Appellants Westwood Homes, Inc., Lucille Westwood Limited Partnership, and Deborah Westwood appealed the denial of their joint motion for attorney fees. Westwood Homes and Lucille Westwood Limited Partnership argued they…

Justia Opinion Summary: In 2017, Israel Ontiveros was convicted of multiple felonies and sentenced to state prison in two criminal cases. In the first case, a jury convicted Ontiveros on two counts of assault with a deadly weapon with gang…

Justia Opinion Summary: Raghvendra “Raj” Singh, representing himself, appealed a default judgment entered in favor of John Rios, Jr., and against Singh and other defendants and the orders denying Singh’s motions to set aside the default. Singh…

Justia Opinion Summary: The County of Sacramento (County) filed an action to abate building and housing code violations at two properties owned or managed by Raj Singh and Kiran Rawat, individually and as trustee of the SitaRam Living Trust…

Justia Opinion Summary: T.W., the de facto parent of the minor, appealed a juvenile court’s order removing the minor from his and his wife’s care and placing the minor with her maternal relatives. He contended the juvenile court abused its…

Justia Opinion Summary: In 2013, a jury found defendant-respondent James Ambrosia Williams guilty of child abuse and that he had personally inflicted great bodily injury on the child, who was under the age of five. The trial court found…

Justia Opinion Summary: Defendant Michael Coleman appealed from the denial of his petition for resentencing under Penal Code section 1170.91. That section allowed a current or former servicemember who might be suffering from sexual trauma or…

Justia Opinion Summary: In October 2020, the superior court conducted a contested hearing and issued orders granting relief to defendant-respondent, Travis Burhop, on Burhop’s petition to vacate his 2015 second degree murder conviction and to…

Justia Opinion Summary: A three-year memorandum of understanding (MOU) between Alameda County Superior Court (ACSC), the County, and the Sheriff’s Office governed court security services. The trial court held that the MOU did not obligate the…

Justia Opinion Summary: Lee, a San Francisco independent optometrist, sued corporate affiliates operating optical retail stores in California that offer competing eyeglass products and optometry services, on behalf of a putative class of…

Justia Opinion Summary: In a California Environmental Quality Act (Act) challenge, the issue presented concerned the adoption of a mitigated negative declaration for and approval of the Newtown Road Bridge at South Fork Weber Creek Replacement…

Justia Opinion Summary: Defendant Omar Kasrawi was apprehended in an affluent neighborhood in possession of property he had stolen from some nearby cars. Although the officer who stopped and ultimately arrested him acted on no more than a hunch…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of petitions for resentencing under Penal Code section 1170.95. Petitioner was sentenced to a term of life without the possibility of parole for murder with the…

Justia Opinion Summary: Plaintiffs filed a petition for writ of mandate and a complaint for declaratory and injunctive relief challenging statewide delays in the transfer of incompetent to stand trial (IST) defendants from county jails to DSH…

Justia Opinion Summary: In an appeal related to a California insurance insolvency proceeding, the New York Plaintiffs requested clarification from the San Francisco Superior Court as to whether its orders "prohibit or stay" their New York…

Justia Opinion Summary: RECON filed suit against AECOM for damages related to AECOM's alleged failure to properly manage the construction project on which RECON worked as one of AECOM's subcontractors. After AECOM moved to compel arbitration…

Justia Opinion Summary: Appellant Mark Sorden appealed his conviction for contempt of court for violating a Criminal Protective Order— Domestic Violence (CPO) issued in a prior action. The Court of Appeal determined Appellant did not meet his…

Justia Opinion Summary: In the lawsuit underlying these consolidated writ proceedings, the People of the State of California, by and through the Santa Clara County Counsel, the Orange County District Attorney, the Los Angeles County Counsel,…

Justia Opinion Summary: The court of appeal affirmed Lopez's convictions for murder and gross vehicular manslaughter while intoxicated. The trial court abused its discretion in concealing the prospective jurors' names from the attorneys but…

Justia Opinion Summary: In 2010, after decades of cooperation in selling their hardware and software, HP and Oracle had a disagreement over Oracle’s decision to hire HP’s former CEO. The companies negotiated a confidential settlement agreement,…

Justia Opinion Summary: Residential Fund entered a contract with RMR for RMR to supply Residential Funds' mobile home park with drinking water beyond what the wells could produce. The trial court subsequently found that the park breached the…

Justia Opinion Summary: National Western Life Insurance Company (NWL) appealed a jury verdict holding the company liable for negligence and elder abuse arising from an NWL annuity sold to Barney Williams by Victor Pantaleoni, an independent…

Justia Opinion Summary: Plaintiff Darren Hulbert, a self-represented indigent inmate, appealed the dismissal of his medical malpractice suit Richard Cross, M.D. Dr. Cross performed a radial head resection and arthroplasty on Hulbert’s right…

Justia Opinion Summary: Eloy Gonzalez appealed a trial court’s postjudgment order denying his petition for resentencing pursuant to Penal Code section 1170.95. Gonzalez claimed the court improperly determined he was ineligible for resentencing…

Justia Opinion Summary: Roberts beat his girlfriend with a belt, was apprehended several weeks later, and gave a false name. The District Attorney was unable to locate the complaining witness before trial; the court denied a motion to exclude…

Justia Opinion Summary: Richardson pleaded no contest to human trafficking of a minor for a sex act (Pen. Code 236.1(c)(1)); seven remaining felony charges were dismissed. The victim was 26 years old and claimed that she unwillingly…

Justia Opinion Summary: In August 2018, Surety posted a $100,000 bond for Lee's release from the San Mateo Jail. On September 13, Lee failed to appear at a scheduled preliminary hearing. The court issued a bench warrant and ordered the bail…

Justia Opinion Summary: The Court of Appeal reversed defendant's second degree robbery conviction, concluding that the prosecutor misstated the law; the victim repeatedly denied being actually afraid; the jury instruction, CALCRIM No. 1600,…

Justia Opinion Summary: Hardy was convicted of five criminal counts for firing a semi-automatic pistol in the direction of an occupied vehicle while standing in an Oakland street. An Oakland undercover officer observed Hardy firing a handgun…

Justia Opinion Summary: Defendant Joseph Jackson sought a youth offender parole hearing under Penal Code section 3051 as a result of his conviction in 1998 that included two counts of first-degree murder with multiple special circumstances,…

Justia Opinion Summary: Over the course of a few years, an employee of Severin Mobile Towing Inc. (Severin) took about $157,000 in checks made payable to Severin’s d/b/a, endorsed them with what appears to be his own name or initials, and…

Justia Opinion Summary: J.J. was alleged to have committed forcible lewd conduct with a minor. The juvenile court declared him incompetent to stand trial, suspended the delinquency proceedings, and ordered remediation services in juvenile hall.…

Justia Opinion Summary: After a jury awarded plaintiff $16 in unpaid minimum wages and $16 in liquidated damages and found against her on causes of action alleging she had been raped by her employer, the trial court determined that plaintiff…

Justia Opinion Summary: In this case, two gang members were walking together in their gang’s territory where they both lived. Police detained the pair and arrested defendant after retrieving a knife from his pants pocket. A gang expert later…

Justia Opinion Summary: Marie Sales appealed after a trial court granted summary judgment on her wrongful death and related state law claims arising from the death of her 19-year-old son, Paul Quintanar. The trial court concluded Sales failed…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying American Surety's motion to vacate the judgment forfeiting bail. American Surety contends that the trial court had no jurisdiction to continue the proceedings…

Justia Opinion Summary: Defendant Malcolm Brewer and codefendants Glen Conway and Shane Williams participated in a string of armed robberies and attempted robberies, mostly of gas stations and convenience stores, in November and December 2017.…

Justia Opinion Summary: Homeowners sought free refuse collection from the City of San Diego for their 12 condominiums located in a gated complex in the Hillcrest neighborhood of San Diego. The City refused the request to initiate service on the…

Justia Opinion Summary: After a jury convicted defendant of attempted premeditated murder and assault on a peace officer, assault with a firearm, and two counts of possession of a firearm by a felon, the trial court sentenced him to a…

Justia Opinion Summary: In 2007, plaintiffs-respondents Jason Rubin and Cira Ross, as cotrustees of the Cira Ross Qualified Domestic Trust (judgment creditors) obtained a civil judgment against defendant-appellant David Ross (judgment debtor).…

Justia Opinion Summary: A surety appeals from an order denying its motion to set aside summary judgment, discharge the forfeiture, and exonerate bail, and contends that the setting of the amount of bail was unconstitutional and the forfeiture…

Justia Opinion Summary: Metaxas was the president and CEO of Gateway Bank in 2008, during the financial crisis. Federal regulators categorized Gateway as a “troubled institution.” Gateway tried to raise capital and deal with its troubled…

Justia Opinion Summary: In 2018, Mother filed a petition for dissolution of the parties’ marriage. The parties resided together with their six children, ages three-13. Mother was a stay-at-home parent and the primary caregiver. Mother stated…

Justia Opinion Summary: The Court of Appeal vacated and remanded the trial court's order granting respondent's anti-SLAPP motion to strike Brighton's cross-claim for fraud. The parties' dispute stemmed from a contract between respondent and…

Justia Opinion Summary: Clotfelter was convicted of multiple counts of child molestation in the 1980s. After he served his 10-year state prison sentence and was released from prison, he was found to be a sexually violent predator (SVP). While…

Justia Opinion Summary: Defendant Eddie Ray Jones, Jr., kidnapped a grandmother, F., and her two-year- old granddaughter, E., while carjacking F.’s car in a restaurant parking lot. At defendant’s direction, F. drove him to a few locations.…

Justia Opinion Summary: Defendant-appellant Antonio Moses, III, was convicted by a jury of: human trafficking of a minor; attempted pimping of a minor; and pandering. The district attorney sought review of the Court of Appeal’s decision, which…

Justia Opinion Summary: Lund was convicted of possession of more than 600 images of child pornography, at least 10 of which involved a prepubescent minor or a minor under 12 years old (Penal Code 311.11(c)(1)) and was sentenced to five years'…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to vacate his 1989 conviction for possession for sale of cocaine. Defendant claimed that his defense counsel failed to advise him about the…

Justia Opinion Summary: Verizon California Inc.’s (Verizon) petitioned the California State Board of Equalization’s (Board) to reduce its assessments for the tax years 2008 through 2012. Verizon paid the taxes levied by the counties for each…

Justia Opinion Summary: D.C. was employed by Applied, 1996-2008, and claimed three industrial injuries: a specific injury to her neck and right upper extremity in 2001, a specific injury to her neck and both upper extremities in 2005, and a…

Justia Opinion Summary: Defendant, along with his codefendants, were tried for murder in violation of Penal Code section 187, subdivision (a); shooting at an inhabited dwelling, in violation of section 246; and felony evading in violation of…

Justia Opinion Summary: The Court of Appeal affirmed the family law court's order denying father's petition filed pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, concluding that father did not bear his…

Justia Opinion Summary: Plaintiff and his medical corporation appeal from the trial court's order of his motion for a preliminary injunction against CVS. In June 2020, CVS stopped filling plaintiff's prescriptions for controlled substances for…

Justia Opinion Summary: Defendants Florin County Water District (district), its board of directors (board), and its general manager appealed a trial court judgment setting aside the district’s December 2016 water rate increase for violating…

Justia Opinion Summary: Plaintiffs Jackie Usher and Eric Leung, on behalf of themselves and all others similarly situated (sometimes collectively, plaintiffs), appealed a judgment in favor of defendant Shirley White (Shirley). In 2014,…

Justia Opinion Summary: Tracy Green sued her employer, General Atomics, based on its alleged failure to provide accurate, itemized wage statements showing “all applicable hourly rates in effect during the pay period and the corresponding number…

Justia Opinion Summary: Schumb was charged as a coconspirator in a felony indictment alleging a quid pro quo scheme in which members of the Santa Clara County Sheriff’s Department issued hard-to-obtain concealed firearms permits in exchange for…

Justia Opinion Summary: Jensen was charged as a coconspirator in a felony indictment alleging a scheme under which members of the Santa Clara County Sheriff’s Department issued hard-to-obtain concealed firearms permits in exchange for…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of attempted premeditated murder with enhancements for personal use of a deadly weapon and personal infliction of great bodily injury. The court need not decide whether…

Justia Opinion Summary: Plaintiff-appellant Dora Leon’s husband, José Leon, was shot and killed by a neighbor in a driveway of a mobile home park in Cherry Valley, where Dora and José lived. Riverside County Sheriff’s deputies unsuccessfully…

Justia Opinion Summary: Defendant was convicted of first degree murder in 1983 after he drove three companions to and from an armed robbery and burglary. After the passage of Senate Bill No. 1437, defendant filed a Penal Code section 1170.95…

Justia Opinion Summary: Tousant was convicted of multiple counts related to a shooting targeting several individuals in a Berkely residential area and to his possession of firearms. The shootings were motivated by the murder of Tousant’s son,…

Justia Opinion Summary: Cross-complainants and appellants Antonio Arriagarazo and Alicia Rodriguez de Arriaga accepted an offer to compromise their wrongful death suit against cross-defendants-respondents BMW of North America and Bayerische…

Justia Opinion Summary: Plaintiffs, All of Us or None–Riverside Chapter (All of Us or None), Jane Roe, and Phyllis McNeal, filed an action seeking declaratory and injunctive relief against defendants, Superior Court of California, County of…

Justia Opinion Summary: This appeal arose from two cases consolidated for trial, involving a California Raisin Marketing Order (the Marketing Order) first issued in 1998 by the California Department of Food and Agriculture (the Department)…

Justia Opinion Summary: Reck purchased a new car manufactured by FCA, experienced frequent issues with the vehicle, and unsuccessfully requested its repurchase. Reck sued under the Song-Beverly Consumer Warranty Act, Civ. Code, 1790 After…

Justia Opinion Summary: After hearing a dispatch broadcast about a possible drunk driver, Napa Officer Cadena arrived at a location where that vehicle had been observed parked, engine running, with the driver (Escareno) apparently asleep.…

Justia Opinion Summary: Pillar hired Epiphyte to convert its cryptocurrency into Euros. Epiphyte informed Pillar that it used Payward’s online exchange to convert its clients’ cryptocurrencies. Pillar transferred its cryptocurrency into…

Justia Opinion Summary: In January 2019, the Agency filed a dependency petition concerning Daniel, then about 42 months old, based on Mother's untreated substance abuse. The petition alleged that Father’s whereabouts and ability and…

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging that he improperly obtained money and property from plaintiffs' deceased parents. The trial court concluded that defendant was unjustly enriched and entered judgment in…

Justia Opinion Summary: In separate criminal cases, a trial court found 37 defendants incompetent to stand trial (IST) and ordered the State Department of State Hospitals (Department) to admit them within 60 days of the receipt of an…

Justia Opinion Summary: Defendant appealed the trial court's denial of his second petition for recall of sentence pursuant to the Three Strikes Reform Act of 2012 under Penal Code, section 1170.126. Defendant contends that his rehabilitative…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion for mental health diversion. Defendant was charged with multiple counts of burglary, robbery, and related offenses arising from several…

Justia Opinion Summary: Appellant Sekayi White was an incarcerated and self-represented plaintiff who filed suit after his criminal defense lawyer, respondent Michael Molfetta, failed to respond to repeated requests for his case file. Having…

Justia Opinion Summary: Bannister worked in the administrative offices at a skilled nursing facility, for approximately three decades before Marinidence purchased the facility. A year later, Marinidence terminated Bannister. She sued, alleging…

Justia Opinion Summary: Code of Civil Procedure section 340.1 authorizes an award of “up to treble damages” in a tort action for childhood sexual assault where the assault occurred “as the result of a cover-up.” Government Code section 818…

Justia Opinion Summary: ABS REO Trust II (ABS) appealed an order denying its motion to correct/vacate the portion of a prior quiet title judgment adjudicating the rights of a defaulting party, Clarion Mortgage Capital, Inc. (Clarion), despite…

Justia Opinion Summary: Appellant N.A. was a nonminor former dependent (NFD). While a minor, she lived with a legal guardian, who received financial aid (aid to families with dependent children-foster care, or AFDC-FC) on N.A.’s behalf. When…

Justia Opinion Summary: Plaintiffs Charles Best Jr. and Robbie Johnson Best alleged that defendants (collectively the Bank), attempted to collect a debt secured by the Bests’ home, despite having no legal right to do so. They alleged that, in…

Justia Opinion Summary: In 1988, Watson was convicted of second-degree murder and sentenced to 15 years to life in prison. In 2019, Watson moved to vacate his murder conviction and obtain resentencing under section 1170.95, effective in 2019…

Justia Opinion Summary: Plaintiff Smart Corner Owners Association (the Association), a California nonprofit mutual benefit corporation, filed a construction defect action against the developers of a residential condominium tower. In 2019, the…

Justia Opinion Summary: Foremost provided insurance for McIsaac's motorcycle. The uninsured motorist coverage endorsement included an arbitration provision. McIsaac was involved in an accident. The other driver’s insurance policy provided…

Justia Opinion Summary: Plaintiff San Diegans for Open Government (SDOG) sued defendant Julio Fonseca, the former superintendent of the San Ysidro School District (District), alleging Fonseca caused the illegal disbursement of District funds in…

Justia Opinion Summary: In July 2019, Houle pleaded no contest to unlawfully carrying a concealed dirk or dagger and admitted prior strike and prior prison term allegations. Houle received a stipulated six-year prison term for the dagger case,…

Justia Opinion Summary: The Nunns refinanced the mortgage on their Nampa home in 2006 with a negative amortization loan. The payments jumped from about $2,900 per month to $4,300 in 2008. The Nunns defaulted and, in January 2009, applied for a…

Justia Opinion Summary: Financial Casualty executed Geronimomendez's bail bond, promising to guarantee his appearance in court or pay $60,000. After Geronimomendez failed to appear, the court ordered the bond forfeited and signed and entered…

Justia Opinion Summary: Plaintiff and his wife filed suit against Copeland and others, alleging that the companies exposed plaintiff to asbestos that caused him to develop mesothelioma. After the jury found Copeland liable, it apportioned 60…

Justia Opinion Summary: Prior to entering into the plea, the trial court denied defendant Jemondre Moore’s motion to suppress evidence found during a search of defendant’s backpack, which he left on the front passenger’s side floorboard of a…

Justia Opinion Summary: A Mother appealed a juvenile court’s order terminating her parental rights to her children, Isaiah R. and Summer R., who were four years old and one year old when removed from her custody in 2017. Her only challenge on…

Justia Opinion Summary: The Court of Appeal affirmed the district court's judgment sustaining CIT's demurrer without leave to amend based on res judicata. The court explained that appellant's present lawsuit involves the same primary right as…

Justia Opinion Summary: The California Water Resources Control Board (Board) promulgated a regulation setting the drinking water standard for TCP in 2017. Kern County Taxpayers Association and California Manufacturers and Technology Association…

Justia Opinion Summary: Plaintiff, a restaurant server, filed suit alleging that he was laid off after about four months when his employer, the Hotel, eliminated all part-time positions. Plaintiff alleged a violation of Santa Monica Municipal…

Justia Opinion Summary: Defendant Jeffrey Lord, Sr. was convicted by jury of making criminal threats and obstructing an executive officer by threat or violence. The trial court placed him on probation for five years. He appealed, arguing there…

Justia Opinion Summary: Plaintiff Michael O’Shea hired attorney Susan Lindenberg to represent him in a child support action. After O’Shea’s ex-wife was awarded what he believed to be an excessive amount of child support, he filed this action,…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying defendant's Penal Code section 1170.95 petition and remanded for a new evidentiary hearing under section 1170.95, subdivision (d). The court joined other…

Justia Opinion Summary: Kevin Johnson, APLC, Kevin Johnson, and Jeanne MacKinnon (collectively, the attorney defendants) filed a petition for writ of mandate and complaint on behalf of their clients Christian Clews (Christian), Barbara Clews…

Justia Opinion Summary: Rudy Alarcon filed a petition for writ of mandate seeking to invalidate hearing officer Robert Bergeson’s decision upholding the City of Calexico’s (City) termination of Alarcon’s employment as a City police officer. The…

Justia Opinion Summary: Plaintiffs filed suit challenging the Governor's authority to concur in the decision of the United States Secretary of the Interior to take 305 acres of land in Madera County into trust for North Fork Rancheria of Mono…

Justia Opinion Summary: Robert Smith’s employer, Najjar Lube Centers, Inc. dba Jiffy Lube, held a presentation for its employees to learn about a new Castrol product. Castrol employee Gus Pumarol led the presentation. Smith alleges that Pumarol…

Justia Opinion Summary: After a federal district court granted a petition for writ of habeas corpus triggering plaintiff's release from prison, he filed a claim with the Board, seeking compensation as a wrongfully convicted person. The Board…

Justia Opinion Summary: Lisa and Nicolas Kelpe married in 1997 and separated in 2010. The marriage was dissolved in 2013. Nicholas was a senior manager with Ernst & Young and accrued benefits under a qualified defined benefit retirement plan.…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of plaintiff's motion to certify a class of employees of See's. Plaintiff alleges that See's did not provide required second meal breaks to shop employees who worked…

Justia Opinion Summary: Plaintiff-appellant Joanna Grabowski brought claims for medical malpractice against Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and various associated physicians (collectively,…

Justia Opinion Summary: Real party in interest Poseidon Resources (Surfside) LLC (Poseidon) planned to establish a desalination plant at a site in Huntington Beach, California. In 2010, nonparty City of Huntington Beach (Huntington Beach),…

Justia Opinion Summary: CHP officers saw Walker’s vehicle weaving onto the shoulder and over the double yellow lines into opposing traffic. Two CHP patrol cars activated their lights and sirens. Walker “began to speed away.” The 24-minute,…

Justia Opinion Summary: M.V. (Mother) appealed juvenile court’s orders sustaining jurisdiction and removing her three children. She contended insufficient evidence supported dependency jurisdiction. Mother also argued the court’s dispositional…

Justia Opinion Summary: A Milpitas Fire Department captain responded to Nunes’s house one afternoon based on a report of a “whole structure fire.” He saw no fire and no smoke. Neighbors standing outside stated they had recently seen smoke…

Justia Opinion Summary: The Court of Appeal reversed the superior court's decision reversing the ALJ's finding that A.V. met the statutory criteria for developmental disability: he had a qualifying condition of autism, i.e., ASD; his ASD was…

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

Justia Opinion Summary: Four business partners had a dispute that ultimately led to a nine-day arbitration hearing. During the hearing, the arbitrator openly took pain medications. After the arbitrator issued a final ruling, the two losing…

Justia Opinion Summary: In 2005, Magana was convicted of first-degree murder and possession of a firearm by a felon. The jury found that Magana had served four prior prison terms. Magana was sentenced to an indeterminate prison term of 50 years…

Justia Opinion Summary: Plaintiff filed suit challenging the City's new enforcement policy of short-term vacation rentals (STVRs). The trial court granted plaintiff's petition for a writ of mandate enjoining the City's enforcement of the STVR…

Justia Opinion Summary: El Dorado County voters adopted Measure E in June 2016. Measure E’s stated purpose was to end the practice of “paper roads.” Prior to Measure E, if a project requiring discretionary approval would increase traffic beyond…

Justia Opinion Summary: Defendant was convicted of 19 felonies against several victims, including conspiracy to commit human trafficking, and numerous sex offenses, including 14 counts of rape. Defendant's conviction stemmed from his…

Justia Opinion Summary: Defendant appealed the trial court's order denying his motion to set aside a default and default judgment in an action on a promissory note. The Court of Appeal concluded that both the award of the earn-out payment, as…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's award of attorney fees to the Trust after the Trust successfully enforced the terms of a conservation easement. In this case, defendants owned land that is the subject of a…

Justia Opinion Summary: After defendant pleaded no contest to one count of felony stalking, he was denied mental health diversion under newly enacted Penal Code section 1001.36, which took effect shortly after his plea. Consequently, defendant…

Justia Opinion Summary: In 2008, plaintiff filed suit against her former employer, Rite Aid, and her former supervisor. In 2010, a jury returned a special verdict in plaintiff's favor and awarded her $3.4 million in compensatory damages and…

Justia Opinion Summary: In 2014, ALADS filed suit against defendants for breaches of their fiduciary duty to ALADS as members of its board of directors. ALADS obtained a temporary restraining order requiring the return of $100,000, and several…

Justia Opinion Summary: After plaintiff decided to jaywalk across a five-lane highway at night and was struck by a car, she filed suit against the owner of a condominium complex she was trying to visit, alleging claims for negligence and…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment finding a probation violation in this case where a video recording from a bodycam worn by a police officer depicted a visibly distraught woman reporting that her…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of Uber's motion to compel arbitration in an action brought by plaintiff, alleging a single cause of action for wage violations under the Private Attorneys General…

Justia Opinion Summary: In Dow v. Lassen Irrigation Co. 216 Cal.App.4th 766 (2013, "Dow I"), the Court of Appeal resolved an ambiguity as to the “or” in the a portion of paragraph 21 of the 1940 Susan River Water Right Decree (decree) : “except…

Justia Opinion Summary: Defendant Troy Steward was charged with battery on a correctional officer, and he was committed to Atascadero State Hospital after being found not guilty by reason of insanity. Following the passage of Assembly Bill No.…

Justia Opinion Summary: Defendant was convicted of aggravated kidnapping to commit robbery or a specified sex crime in violation of Penal Code section 209, subdivision (b) and three counts of sex offenses against a minor. As to the sex…

Justia Opinion Summary: Appellant and his wife obtained a home mortgage in 2006, but only the wife signed the promissory note. After appellant's wife died, appellant defaulted on the loan. Appellant alleged that the mortgage servicer,…

Justia Opinion Summary: Plaintiffs, seven adults claiming that they were molested by a priest when they were children, filed suit against the Archdiocese, alleging that it was vicariously liable for ratifying the molestation and directly liable…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order granting the school district's special motion to strike plaintiff's complaint for discrimination and retaliation in violation of California's Fair Employment and…

Justia Opinion Summary: Plaintiff, cross-defendant and appellant Nissan Motor Acceptance Corporation (NMAC) was a subsidiary of nonparty Nissan Motors of North America. NMAC was a specialty lender that loaned money to Nissan automobile dealers.…

Justia Opinion Summary: Plaintiff filed suit against Chicago Title and others for damages and to rescind the sale of his two-unit residence in San Francisco. After plaintiff resolved the case with other defendants and rescinded the sale, he…

Justia Opinion Summary: G.H. and J.H. married in 2006 and had two children, L.H. and B.H. The couple separated in August 2018. A dependency case was initiated for the children based on allegations that J.H. was abusing G.H. in their presence. …

Justia Opinion Summary: CMA and others filed suit against Aetna, seeking among other claims, an injunction for alleged violations of the Unfair Competition Law (UCL; Bus. & Prof. Code, section 17200). The trial court found that CMA lacked…

Justia Opinion Summary: Towner was a Ventura County District Attorney (VCDA) investigative commander. VCDA investigator Michael brought an administrative action alleging “fraud, favoritism, and other non-merit based factors in the promotional…

Justia Opinion Summary: In the early morning hours of January 5, 2013, J.D., defendants Jeffery Powell and Christopher Langlois, and a fourth person, J.P., forcibly entered the victim’s home and found him sleeping on a couch. Powell and…

Justia Opinion Summary: Appellant William Pullen appealed the family court’s denial of his Family Code section 2030 motion to compel respondent Windham Bremer, the trustee of the Elizabeth Anne Wendt Trust, to pay his attorney fees stemming…

Justia Opinion Summary: The issue presented for the Court of Appeal's review in this case was whether the jury should have been allowed to consider defendant’s physical limitations in determining whether his belief in the need for self-defense…

Justia Opinion Summary: This appeal involved two lawsuits, three parties, and one contract. In the first lawsuit, three neighboring property owners incurred varying damages due to a mudslide. The three parties sued and countersued each other…

Justia Opinion Summary: In 1988, defendant was convicted, pursuant to a guilty plea, of second degree murder. In 2019, defendant filed a petition for resentencing under Penal Code section 1170.95, which was denied. On appeal, defendant contends…

Justia Opinion Summary: After plaintiffs lost their home in a fire, they promptly submitted a claim under their homeowner’s insurance policy to their insurer, Mid-Century. Mid-Century denied the claim on the ground that the policy had been…

Justia Opinion Summary: Defendant Rebecca Thomas lived with her boyfriend codefendant Taylor Montgomery-Gutzman and her 22-month-old twins K. and B. In 2016, while defendant was out trying to buy heroin, K. stopped breathing and ultimately…

Justia Opinion Summary: Defendant-appellant Angela Latten and two co-defendants drove to the California Department of Fish and Wildlife compound in Lewiston, California. They used a grinder to break the lock to the chain blocking the driveway,…

Justia Opinion Summary: A jury found Trampas Orey to be a sexually violent predator pursuant to the Sexually Violent Predator Act (SVPA). The trial court ordered him committed to the California Department of State Hospitals (DSH) for an…

Justia Opinion Summary: A complaint alleged that officers violated a citizen’s rights while conducting a mental health welfare check. Following an internal investigation, they were cleared of misconduct. The Oakland Community Police Review…

Justia Opinion Summary: Plaintiff filed suit against Amazon for injuries she suffered from an allegedly defective hoverboard she purchased from a third party seller named TurnUpUp on Amazon's website. The trial court granted summary judgment in…

Justia Opinion Summary: SSE has long opposed the expansion of Syar’s aggregate operation. Syar filed an application for expansion in May 2008. After more than seven years of environmental review and numerous hearings, the County Planning…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying the petition for resentencing pursuant to Penal Code section 1170.95 and Senate Bill No. 1437. Defendant contends that the trial court erred by denying his…

Justia Opinion Summary: Guivini Gomez was a former employee of the Regents of the University of California (Regents) who sued the Regents, as the named plaintiff in a purported class action, claiming the Regents failed to pay her the required…

Justia Opinion Summary: After five years of litigation that culminated in a lengthy combined jury and bench trial, plaintiffs representing a subclass of retail workers were awarded $2,000,000 in damages against defendant Apple Inc. (Apple) for…

Justia Opinion Summary: Plaintiff John Dunlap was the executor of the New York estate (Estate) of Josephine Mayer, who passed away in 2016. Josephine was the lifetime beneficiary of a testamentary trust (Marital Trust) established by…

Justia Opinion Summary: Plaintiff filed suit against defendant, alleging violations of the Song-Beverly Consumer Warranty Act, Civ. Code, 1790 et seq, after the new vehicle he leased developed unrepairable defects. The trial court entered a…

Justia Opinion Summary: David Maher appealed the judgment of dissolution of his marriage with Laurie Strawn. He primarily contended there was insufficient evidence to impute income to him and to step down the spousal support he received. In…

Justia Opinion Summary: Carl Flores was convicted by jury of attempted premeditated murder with a 25-year-to-life gun enhancement. After trial, Flores admitted a prior serious felony, a prior prison term, and two prior strike offenses, which…

Justia Opinion Summary: The prosecution pursued alternative theories of first-degree murder liability at Secrease’s 1998 trial, arguing that Secrease could be convicted as a direct perpetrator based on his statements, or, alternatively, as an…

Justia Opinion Summary: Developers submitted an application for a Berkeley mixed-use development with 135 apartments over 33,000 square feet of retail space and parking, pursuant to Government Code section 65913.4, which provides for…

Justia Opinion Summary: The juvenile court asserted emergency jurisdiction over seven-year-old A.T., whose mentally ill mother had taken him from Washington state to California in violation of Washington family court orders. The court detained…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying Federal's special motion to strike a civil complaint for fraud as a strategic lawsuit against public participation under Code of Civil Procedure section…

Justia Opinion Summary: By petition for writ of mandate A.M. (Mother) challenged the family court’s ruling subjecting her and her child (Minor) to its continued jurisdiction to adjudicate the paternal grandparents’ petition for visitation.…

Justia Opinion Summary: After a jury convicted him on a charge of resisting an executive officer with force or violence, defendant-appellant Cory Braden, Jr. requested mental health diversion pursuant to Penal Code section 1001.36. In the…

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. In 2020, Murray unsuccessfully sought a…

Justia Opinion Summary: After an employee brought a wage and hour class action against her employer and prior to certification, the parties settled. The employer paid a sum to the employee and she dismissed the class claims without prejudice,…

Justia Opinion Summary: The Court of Appeal dismissed Mother's appeal of the juvenile court's declaration that her son is a dependent child of the court after sustaining an amended petition under Welfare and Institutions Code section 300,…

Justia Opinion Summary: In order to fund construction of an underground parking garage and other improvements in Balboa Park, the City of San Diego entered into a “lease revenue bond” transaction. This type of transaction was approved by the…

Justia Opinion Summary: The arbitration award at issue here involved claims by a former investment fund manager and his former employers, namely, the investment funds. All parties were sophisticated and engaged in a business - not consumer -…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment entered against defendants after a bench trial in a wrongful termination action brought by a former employee. The employee alleged, inter alia, that CWG terminated…

Justia Opinion Summary: Defendant was convicted of various sexual offenses arising out of a single act of rape of an 11-year-old girl. The trial court imposed a term of 25 years to life on the rape count, and imposed but stayed terms of 25…

Justia Opinion Summary: Plaintiff, together with her parents, filed suit against FAIR Plan, alleging bad faith insurance allegations founded in their dissatisfaction with how FAIR Plan handled their claim of smoke damage to the home's contents.…

Justia Opinion Summary: The Antelope Valley Groundwater Cases (AVGC) proceeding litigated whether the water supply from natural and imported sources was inadequate to meet the competing annual demands of water producers, thereby creating an…

Justia Opinion Summary: McCloud has been convicted of 17 sexually violent crimes against six different victims. The offenses against the first five victims were committed in 1979. The first victim was a 10-year-old girl. McCloud was paroled in…

Justia Opinion Summary: The California State Air Resources Board, pursuant to Health and Safety Code 39613, imposed fees on manufacturers who sold consumer products and architectural coatings that emitted volatile organic compounds (VOCs) of…

Justia Opinion Summary: Plaintiffs, consisting of the estate of decedent Edward William Kuntz (decedent), his wife, and his three children, sued, among others, the Kaiser Foundation Hospital and the Permanente Medical Group, Inc. (collectively…

Justia Opinion Summary: Wang initiated the dissolution of marriage proceedings against Zhou. The parties have a daughter, born in 2013 in China. Daughter lived primarily in China with Zhou but made frequent, extended trips to the U.S. to visit…

Justia Opinion Summary: Plaintiff, individually and on behalf of a putative class, filed suit against his employers, SSP, alleging violations of various provisions of California’s wage and hour laws. SSP moved to compel arbitration under the…

Justia Opinion Summary: J.R. told Napa County Officer Adams that she was assaulted by her ex-boyfriend, Stewart. J.R. “seemed hysterical” and said Stewart threatened to “bash her face in using his head,” then as the argument continued, he…

Justia Opinion Summary: Over 20 years ago, numerous parties alleged in the Antelope Valley Groundwater Cases (AVGC) that, without a comprehensive adjudication of all competing parties' rights to produce water from and a physical solution for…

Justia Opinion Summary: Humboldt County Ballot Measure S proposed a tax on commercial cultivators of marijuana and was approved by the voters. The tax became operative on January 1, 2017. Measure S allows the Board of Supervisors to amend the…

Justia Opinion Summary: Defendants Gerquan Clark and Anthony Brown robbed three men at gunpoint. Defendants were tracked to a local retail store using a phone app on one of the cell phones they had stolen. At a showup, one of the victims…

Justia Opinion Summary: In a fifth amended class action complaint, plaintiffs Kelly Peviani, Judy Rudolph, and Zachary Rudolph, on behalf of themselves and others similarly situated, sued defendants Arbors at California Oaks Property Owner, LLC…

Justia Opinion Summary: In 2017, plaintiff Perfectus Aluminum, Inc. filed a civil complaint alleging causes of action for: (1) violation of California Unfair Competition Law; (2) trade libel; and (3) intentional interference with prospective…

Justia Opinion Summary: A trial court denied Robbie Viehmeyer’s petition for writ of habeas corpus, a petition based on the contention that Viehmeyer was eligible for early parole consideration under subdivision (a) of section 32 to article I…

Justia Opinion Summary: The Court of Appeal concluded that substantial evidence supported the Commission's decision to issue the cease and desist order requiring plaintiffs to remove structures that were built over a public accessway over the…

Justia Opinion Summary: The Court of Appeal affirmed the probate court's approval of a settlement that excluded the nonparticipating parties as beneficiaries. The court concluded that the probate court has the power to order the parties into…

Justia Opinion Summary: After plaintiff filed suit in federal court against the City and three police officers for arresting and strip searching her, a federal jury unanimously found that the police acted reasonably and the verdict defeated…

Justia Opinion Summary: Defendant Daniel Clapp plead no contest to concealing the true extent of his physical activities and abilities from his employer, the Department of the California Highway Patrol (CHP), and the State Compensation…

Justia Opinion Summary: Built Pacific, Inc. (BPI) appealed a judgment entered against it and in favor of the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). The DLSE issued a Civil Wage Penalty…

Justia Opinion Summary: The Court of Appeal agreed with petitioner that Penal Code section 3051, subdivision (h), which excludes One Strike offenders from the procedures for youth offender parole hearings, violates his right to equal protection…

Justia Opinion Summary: The Court of Appeal vacated the juvenile court's jurisdictional finding as to Father and reversed the dispositional order removing J.N. from Father's custody. The court agreed with father that the jurisdictional finding…

Justia Opinion Summary: Appellants, truck owner/operators who performed work as putative independent contractors for East Coast, filed suit alleging that they were actually employees rather than independent contractors and were therefore…

Justia Opinion Summary: The Court of Appeal held that California's Quiet Title Act, Code of Civil Procedure 760.010 et seq., insulates a third party from the effect of a subsequent invalidation of an earlier quiet title judgment only if the…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's jurisdiction findings and disposition orders declaring mother's 16-year-old daughter J.S. and her 12-year-old son M.S. dependents of the court pursuant to Welfare and…

Justia Opinion Summary: Petitioner Tyrone Douglas was convicted of two nonviolent felonies and a violent felony. The trial court chose one of the nonviolent felonies as the primary offense, imposed sentence for that offense, imposed but stayed…

Justia Opinion Summary: The Board licensed Redko as a doctor of podiatric medicine in 2003. In 2017, the Board filed an accusation seeking to have him disciplined for unprofessional conduct and inadequate record-keeping. The Board issued a…

Justia Opinion Summary: A riot occurred at Pelican Bay State Prison. Several correctional officers were seriously injured. The defendants were charged with torture, mayhem, assault by a state prisoner, and battery by a state prisoner on a…

Justia Opinion Summary: Plaintiff filed suit against defendant, the manufacturer of a new vehicle he leased, alleging violations of the Song-Beverly Consumer Warranty Act. The trial court entered a judgment awarding plaintiff restitution and…

Justia Opinion Summary: Plaintiff Julian Volunteer Fire Company Association (Volunteer Association) through a local fire district (Julian-Cuyamaca Fire Protection District (District)) provided fire prevention and emergency services to the…

Justia Opinion Summary: In two separate trials involving two different victims, juries found Defendant-appellant Michael Brugman guilty of three counts of corporal injury to someone with whom he had a dating relationship; three counts of…

Justia Opinion Summary: Yue, living in California, established and moderated a Chinese language online community website, ZZB. Many of ZZB’s bloggers and readers are California residents. Liu is a California resident who lives in Canada and…

Justia Opinion Summary: Plaintiff worked as a delivery driver for TBS, a “last-mile” delivery company whose primary client was Amazon.com. At the start of his employment, he signed an At-Will Employment, Non-Disclosure, Non-Solicitation,…

Justia Opinion Summary: Tenants sued for breach of contract and bad faith retention of $4,800 from a security deposit; they subsequently moved to compel responses to requests for admission and interrogatories and requested sanctions ($3,060). …

Justia Opinion Summary: Appellants, Jillian Michaels and Empowered Media, filed suit against respondents, a law firm and its shareholder partner, for nine causes of action, including legal malpractice. The legal malpractice claim involved…

Justia Opinion Summary: Defendant Scott Pettigrew challenged his conviction for the first degree murder of Mimie Cowen, contending substantial evidence did not support the jury’s finding that the murder was premeditated, and the trial court…

Justia Opinion Summary: On December 18, officers stopped a pickup truck that was driving at about 35 miles per hour in a 55 mile per hour zone, while straddling the white line. Southard emerged and ran; officers tased and arrested Southard. On…

Justia Opinion Summary: The identity of plaintiff's nontestifying expert is not entitled to absolute work product protection because it is not "a writing" that would reveal his "impressions, conclusions, opinions, or legal research or…

Justia Opinion Summary: After a jury convicted defendant of two counts of making criminal threats in violation of Penal Code section 422, subdivision (a), the trial court suspended imposition of sentence and placed him on probation for five…

Justia Opinion Summary: The 1993 National Voter Registration Act, 52 U.S.C. 20501(b)(1), requires states to register voters for federal elections, including “by application in person” at designated state offices. Each state must designate all…

Justia Opinion Summary: Plaintiff filed suit against Quality Coast, alleging that the company's decision not to hire him was the result of race and gender discrimination and a violation of the Displaced Janitor Opportunity Act (DJOA). A jury…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's finding that defendant qualified as a sexually violent predator (SVP) and commitment of defendant to state hospital for treatment and indeterminate confinement. As a…

Justia Opinion Summary: Theta Xi challenges the decision by USC to suspend recognition of the fraternity's USC chapter for six years. The sanction stemmed from the Office of Student Judicial Affairs and Community Standards' (SJACS) conclusion…

Justia Opinion Summary: Defendant-appellant David Curry was convicted by jury of robbery. Before the trial court sentenced him to state prison for 40 years to life and imposed various costs, defendant sought to file a motion for mental health…

Justia Opinion Summary: The Contractors’ State License Law (Bus. & Prof. Code 7031), allows any person who utilizes the services of unlicensed building contractors to sue for disgorgement of all compensation paid for the performance of any act…

Justia Opinion Summary: Rivera pleaded no contest to second-degree murder and admitted a prior strike in exchange for the dismissal of special-circumstances allegations. In 2017, he was sentenced to 35 years to life in prison. Penal Code…

Justia Opinion Summary: After a political action committee and two political candidates successfully campaigned for a ballot measure in a Redondo Beach municipal election, two citizens filed suit against the committee and the candidates,…

Justia Opinion Summary: Defendant Jason Andahl appealed a July 2019 judgment revoking his probation and executing a prison sentence of seven years eight months imposed in 2018 when he was first placed on probation. The sentence included two…

Justia Opinion Summary: The issue presented for the Court of Appeal in this case centered on whether Alicia Clark exhausted her administrative remedies under the Fair Employment and Housing Act (FEHA) prior to filing suit against her former…

Justia Opinion Summary: Kay died in 2016 at age 90. In a trust instrument she executed months earlier, she named St. Jude Children’s Hospital the sole beneficiary of her estate, which was worth approximately $2 million. She disinherited her…

Justia Opinion Summary: Rush retired in 2012. The California State Teachers Retirement System (CalSTRS) calculated his pension as 92.58 percent of his final compensation. Rush disputed the determination of his “final compensation,” defined as…

Justia Opinion Summary: Before seeking damages for a governmental taking of property through inverse condemnation, the property owner must generally submit more than one proposal to the permitting authority seeking zoning variances or reducing…

Justia Opinion Summary: Plaintiff filed suit against the City, alleging negligence and a dangerous condition of public property under Government Code section 835. Plaintiff alleged that her husband, an LAPD officer, contracted typhus from…

Justia Opinion Summary: Rosario Contreras-Velazquez (Velazquez) sued her former employer, Family Health Centers of San Diego, Inc. (Family Health), alleging disability discrimination and related causes of action after she suffered a…

Justia Opinion Summary: Vendor Surveillance Corporation (VSC) appealed an adverse judgment in its action seeking refund unemployment insurance taxes assessed by the California Employment Development Department (EDD). The outcome turned on…

Justia Opinion Summary: Defendant-appellant Michael Miranda was convicted on 13 counts charging sex crimes against two minor girls, including oral copulation of an unconscious person, rape of an unconscious person, and sexual penetration of an…

Justia Opinion Summary: An electronic gaming device designed and supplied by Planet Bingo, LLC caused a fire in the United Kingdom. Several third parties made demands that Planet Bingo pay their damages resulting from the fire. However, Planet…

Justia Opinion Summary: A jury convicted defendant of committing lewd acts and found true a special allegation that he kidnapped the victim. The Court of Appeal concluded that the pattern jury instruction for kidnapping, CALCRIM No. 1201,…

Justia Opinion Summary: California law establishes the general duty of each person to exercise reasonable care for the safety of others. The Court of Appeal declined to recognize an exception to this fundamental principle for employers and…

Justia Opinion Summary: Under section 225.1.4 of the Torrance Municipal Code, consumers of electricity must pay Torrance a tax on the charges for electricity and ancillary services they use. Edison is required to collect this tax from consumers…

Justia Opinion Summary: Rio Vista Officer Collondrez responded to a hit-and-run accident. According to an internal affairs investigation, Collondrez falsified his report, arrested a suspect without probable cause, used excessive force, applied…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's confirmation of an arbitration award against appellants and in favor of respondents in a contract dispute. The arbitrator partially rescinded the contract after finding…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment committing appellant as a sexually violent predator (SVP). In this case, appellant is a 74-year-old self-admitted child molester, who, in a moment of candor, said…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's dispositional orders denying mother visitation with her son and allowing the child's therapist to decide when conjoint counseling should occur. The court concluded that…

Justia Opinion Summary: Plaintiff filed suit alleging that prison officials retaliated against him because he disclosed information to the Office of Internal Affairs of the California Department of Corrections and Rehabilitation (CDCR) about…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment in favor of plaintiff in an action brought against defendants, the owners and operators of an outdoor swap meet, where plaintiff and her husband rented two vendor…

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of respondents' request for attorney fees under Probate Code section 2640.1, holding that attorney fees are not available where, as here, the matter is resolved…

Justia Opinion Summary: Appellants filed an unlawful detainer action against the tenants, seeking to evict them under a provision of San Francisco's rent control ordinance that allows a "landlord" to evict renters from a unit to make the unit…

Justia Opinion Summary: The judgment creditors in this case obtained, per Code of Civil Procedure section 708.410, a lien on “[t]he rights of [the] judgment debtor to money or property under any judgment” in a certain lawsuit. In the course of…

Justia Opinion Summary: Gonzalo Paredes was found guilty by jury of 35 counts of offering or delivering compensation for workers’ compensation patient referrals and 16 counts of concealing an event affecting an insurance claim. The trial court…

Justia Opinion Summary: Plaintiffs Mosanthony Wilson and Nancy Urschel brought a putative wage-and-hour class action against defendant The La Jolla Group (LJG). Plaintiffs worked for LJG as signature gatherers on behalf of political campaigns…

Justia Opinion Summary: Plaintiff filed suit against two hospitals before the first hospital issued a final decision in the peer review proceeding addressing his reapplication. Plaintiff alleged multiple claims, including retaliation in…

Justia Opinion Summary: Father and Mother lived together for a few years and are the parents of Minor, who was born in 2014. By 2018, Mother was raising her children—Minor and Minor’s three older half-siblings—on her own, and she did not know…

Justia Opinion Summary: When an attorney sues a client for breach of a valid and enforceable fee agreement, the amount of recoverable fees must be determined under the terms of the fee agreement, even if the agreed upon fee exceeds what…

Justia Opinion Summary: The University of California, Santa Cruz, Department of Technology Management workload policy described the standard course load and additional teaching responsibilities, with procedures for scheduling course…

Justia Opinion Summary: The Willow property, south of the Apartments, contains a duplex, a concrete parking area, and a large undeveloped area in the rear. In 1964 the then-owners of both properties obtained a variance from Burlingame that…

Justia Opinion Summary: Appellant appealed his conviction and sentence for possession of three controlled substances while armed with a firearm, possession of the three controlled substances for sale, possession of a firearm as a felon, and…

Justia Opinion Summary: After plaintiff filed suit against defendant and won a judgment for $133,792.11 plus postjudgment interest, plaintiff sought attorney fees of $271,530, which were later increased to $287,640 in the trial court and now to…

Justia Opinion Summary: The tax at issue in this case related to the State Water Project ("SWP"): California’s vast system of storage and conveyance facilities designed to provide water to its millions of residents and farmers. In 2013, the…

Justia Opinion Summary: Sommer, a psychologist at a mental health clinic on a military base, sexually assaulted three patients under the guise of using “exposure therapy.” A jury convicted Sommer of several felonies, including sexual battery by…

Justia Opinion Summary: After judgment was entered against Farmers based solely on a special verdict, Farmers argued that the judgment must be vacated because the jury did not find, and no evidence established, that it acted unreasonably in…

Justia Opinion Summary: Defendant Munir Mtanews Hawara owned a liquor store. He hired Willis Simmons to burn down a rival liquor store, but Simmons failed. Simmons then subcontracted the job to Randy Ramirez. Ramirez tried to burn down the…

Justia Opinion Summary: Sargent began working for the University in 1991 as an environmental health-and-safety technician. Sargent was the campus’s licensed asbestos consultant. Sargent sued, presenting abundant evidence about retaliation after…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying Altamed's motion to compel arbitration of respondent's claims. The court held that the arbitration agreement is valid where respondent knowingly waived her…

Justia Opinion Summary: A trial court denied defendant-appellant Anthony Williams’s motion to substitute retained counsel for his appointed counsel. After the jury found Williams guilty of first degree murder, and found true a special…

Justia Opinion Summary: After the San Luis Obispo Local Agency Formation Commission (LAFCO) denied the city and developer's application to annex a parcel of real property to the city, the city and developer filed suit challenging the action.…

Justia Opinion Summary: Senate Bill No. 1421 amended Penal Code section 832.7 to allow disclosure under the California Public Records Act (CPRA) of records relating to officer-involved shootings, serious use of force and sustained findings of…

Justia Opinion Summary: Rabineau served MLG with a statutory offer to compromise, but the offer did not specify how MLG could accept it. MLG's counsel hand-wrote MLG's acceptance onto the offer itself and filed a notice of acceptance with the…

Justia Opinion Summary: After entering a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) and admitting two prior DUI…

Justia Opinion Summary: California residents who sell goods on eBay, an online marketplace, as part of their online businesses and use PayPal to receive payments for many of their sales filed a putative class action. The suit challenged…

Justia Opinion Summary: Plaintiff alleged that defendant transferred his ownership in the LLC, a medical marijuana dispensary, to her in April 2015. Unbeknownst to plaintiff and despite that alleged transfer, defendant later converted the LLC…

Justia Opinion Summary: Plaintiff filed suit against Quicken, on behalf of himself and others similarly situated, alleging causes of action for breach of fiduciary duty and violations of Civil Code section 2954.8 and Business and Professions…

Justia Opinion Summary: After a domestic violence incident between mother and father that was witnessed by the children, DCFS started dependency proceedings on behalf of both children. The juvenile court found jurisdiction over the children…

Justia Opinion Summary: Ashford San Francisco owns the 2nd Street property. In 2013, a majority ownership interest in Ashford San Francisco was acquired by Ashford Hospitality. The transfer resulted in a change in ownership of the property,…

Justia Opinion Summary: Defendant was convicted by a jury of one count of first degree premeditated murder, and five counts of premeditated attempted murder. The jury found true allegations that the crimes were gang related and that defendant…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction of kidnapping to commit rape, oral copulation, or sodomy, sodomy by use of force, and two counts of commercial burglary. The court concluded that the district court did…

Justia Opinion Summary: A Private Attorneys General Act (PAGA) plaintiff may not be compelled to arbitrate whether he or she is an aggrieved employee. Petitioners filed suit against Zum under PAGA, alleging that Zum misclassified them and…

Justia Opinion Summary: The Court of Appeal issued a peremptory writ of mandate directing the trial court to set aside its order enjoining the County from enforcing its orders to the extent they prohibit outdoor dining due to the COVID-19…

Justia Opinion Summary: San Rafael voters approved by a two-thirds vote a Paramedic Services Special Tax, imposing an annual special tax up to a maximum of 14 cents per square foot on all nonresidential structures in the city to fund paramedic…

Justia Opinion Summary: Plaintiff filed suit under the Song-Beverly Consumer Warranty Act, popularly known as the lemon law, alleging claims related to defects with her car's throttle body connector. In this case, the trial court gave the jury…

Justia Opinion Summary: After paying the taxes due under escape assessments, LA Live brought a tax refund action against the County seeking a refund of those taxes. LA Live claimed that the Assessor failed to comply with the procedural…

Justia Opinion Summary: Hoze began serving an indeterminate life sentence in 1980 after being convicted of attempted kidnapping, assault with a deadly weapon, robbery, vehicle theft, oral copulation, kidnapping with intent to commit robbery,…

Justia Opinion Summary: In 2016, California voters approved Proposition 57, the “Public Safety and Rehabilitation Act of 2016,” which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent…

Justia Opinion Summary: Hardy fired a pistol in the direction of an occupied vehicle while standing in the street. An Oakland Police Department undercover officer observed Hardy firing a handgun, which was corroborated by a liquor store’s…

Justia Opinion Summary: Plaintiff filed a petition for a writ of mandate as well as a complaint for due process violations against LAUSD and Defendant Sohn, seeking reinstatement and damages. Plaintiff contends that under Education Code section…

Justia Opinion Summary: Defendant Michael Lyon was found guilty by jury of six counts of eavesdropping on or recording confidential communications, and two counts of disorderly conduct. These counts arose from defendant's secret videotaping of…

Justia Opinion Summary: Defendant-appellant Jonathon Blanco was found guilty by jury of: (1) bringing a controlled substance into a penal institution; and (2) bringing a deadly weapon into a penal institution. The trial court found defendant…

Justia Opinion Summary: Plaintiff filed suit against Foster Farms for its allegedly misleading labels and against American Humane for its allegedly negligent certification. The Court of Appeal concluded that it need not decide whether there are…

Justia Opinion Summary: Defendant was convicted of several crimes stemming from his hijacking of the victim's car, taking cash from the victim's wallet, and ordering the victim to drive them both to ATMs for more cash. At issue was whether…

Justia Opinion Summary: Appellants Area 55, LLC, and SAB Holdings, LLC appealed a trial court order granting the special motion to strike their first amended complaint for malicious prosecution and the related judgment of dismissal in favor of…

Justia Opinion Summary: Defendant Joseph Jackson sought a youth offender parole hearing under California Penal Code section 3051 as a result of his conviction in 1998 that included two counts of first degree murder with multiple special…

Justia Opinion Summary: Plaintiff Jason Varney was a master dock builder, and star of a cable television show called “Docked Out.” He was also the president and sole shareholder of plaintiff Varney Entertainment Group, Inc. (Varney). Defendant…

Justia Opinion Summary: In 2017, Freeman sustained convictions for assault with a deadly weapon and for buying or receiving a stolen vehicle. In June 2018, Freeman was released on Post Release Community Supervision (PRCS). Freeman’s PRCS was…

Justia Opinion Summary: Mother appeals from the juvenile court's jurisdiction and disposition orders, contending that the record lacks evidence sufficient to support those orders. In this case, Nathan E. and his siblings were removed from their…

Justia Opinion Summary: Defendant Luis Figueras appealed the denial of his postjudgment petition to vacate his murder conviction pursuant to Penal Code section 1170.95. Counsel was appointed to represent defendant on appeal; Counsel filed a…

Justia Opinion Summary: Sweeney bought the 39-acre Point Buckler Site, located in Suisun Marsh in the San Francisco Bay's Grizzly Bay, which apparently was previously operated as a managed wetland for duck hunting. Sweeney undertook unpermitted…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment, concluding that the trial court did not err in ruling that the Board is bound by the factual findings and credibility determinations that established the basis for…

Justia Opinion Summary: The issue this case presented was one of first impression for the Court of Appeal: whether a licensee can rebut an Evidence Code presumption that chemical blood tests were properly conducted, and the results are thus…

Justia Opinion Summary: A subcontractor built a retaining wall that collapsed years later, causing damage to a nearby residential lot. The homeowner sued the subcontractor, obtained a default judgment, and then sued the subcontractor’s…

Justia Opinion Summary: Lucille and Lewis Keading created a trust for the benefit of their children, Kenton and Hilja. During their lifetimes, they provided financial assistance to Kenton but not to Hilja. Kenton had been imprisoned for nine…

Justia Opinion Summary: Plaintiff filed suit alleging that LAUSD discriminated against her based on her "electromagnetic hypersensitivity," failed to accommodate her condition, and retaliated against her—in violation of the California Fair…

Justia Opinion Summary: After Norris Morgan was diagnosed with mesothelioma in December 2017, he and his wife filed suit against J-MM and others. The jury concluded that Morgan was exposed to asbestos from products that J-MM sold, and that J-MM…

Justia Opinion Summary: Fragoza filed suit under the Private Attorneys General Act (Lab. Code 2698) in Alameda County Superior Court, alleging that she formerly worked for Crestwood in Solano County and that Crestwood systematically violates…

Justia Opinion Summary: Plaintiff-Respondent David Collins suffered serious injuries following his arrest by San Diego County Sheriff's Deputies for public intoxication. After a three-week trial, a jury found in favor of Collins on his…

Justia Opinion Summary: Alexander Valliant petitioned to recall his sentence and be resentenced pursuant to Penal Code section 1170.91(b), a statute which authorized such relief for military veterans who suffered from military-related trauma…

Justia Opinion Summary: In 2013, Dryden, 51 years old, homeless, and intoxicated, had an altercation with several young men. He used a bamboo stick in the fight and was charged with two counts of assault with a deadly weapon. The information…

Justia Opinion Summary: The Court of Appeal reversed a judgment confirming an arbitration award removing the managing director of two corporations, owned by Ted and his brother Harry Roussos as cotrustees of two trusts, and appointing the…

Justia Opinion Summary: In 1997, a jury found defendant guilty of two counts of first degree murder and one count of arson, finding true special circumstance allegations that the murders had been committed while defendant was engaged in the…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence of drugs and a firearm, holding that the trial court correctly concluded that the facts taken together justified the Terry…

Justia Opinion Summary: In 2007, Juan Rodriguez, a non-citizen, entered a plea agreement in San Diego County that avoided any adverse immigration consequences. After the plea was entered, but before sentencing, Rodriguez was arrested and jailed…

Justia Opinion Summary: In a prior opinion, a panel of the Court of Appeal determined the tiered water rate system used by the City of San Juan Capistrano (the City) violated the California Constitution. The City offered to refund its water…

Justia Opinion Summary: Months after a Pennsylvania court ordered Reginald Burgess be put on supervised probation, a jury in California convicted him of violating Penal Code section 29815, possession of a firearm in violation of an express…

Justia Opinion Summary: Armando Marrero pled guilty to driving under the influence of alcohol and causing bodily injury to another person, with sentencing enhancements for great bodily injury, multiple victims, and a blood alcohol concentration…

Justia Opinion Summary: Defendant-appellant D.C. (minor) appealed a court order sustaining the State's petition made pursuant to Welfare and Institutions Code section 602. The petition alleged minor carried a concealed dirk or dagger on his…

Justia Opinion Summary: Putnam purchased a service-only (satellite) Subaru facility in San Francisco. Putnam entered into a temporary “Dealer Candidate Satellite Service Facility Agreement.” Subaru and Putnam subsequently executed a Subaru…

Justia Opinion Summary: The Court of Appeal held that the evidence was sufficient to support defendant's vehicular manslaughter conviction and the true finding on the special allegation. In this case, the jury had ample evidence before it upon…

Justia Opinion Summary: Petitioner-appellant Anthony Hernandez was convicted of misdemeanor domestic violence after choking his girlfriend. The California Department of Correction and Rehabilitation (Department) terminated him from his position…

Justia Opinion Summary: Saddleback College and Juan Avalos, vice-president of Saddleback’s student services and its Title IX officer, appealed the granting of a writ of mandamus in favor of a Saddleback student, Marcus Knight. Knight petitioned…

Justia Opinion Summary: Duchine was convicted of first-degree murder in 1987. His conviction was affirmed. In 2019, he filed a petition for resentencing under Penal Code section 1170.95 (Senate Bill 1437), with a declaration asserting he was…

Justia Opinion Summary: At 21 years old, appellant Joshua Acosta, who was diagnosed with a form of high-functioning autism spectrum disorder, plotted with his codefendant, to kill their friend Katlynn’s parents, whom Acosta believed was…

Justia Opinion Summary: Espinoza asked a San Jose city planner to place him on the public notice list for a proposed project which would rezone farmland for light industrial uses. He twice specifically requested a copy of the notice of…

Justia Opinion Summary: Guo owned TVGC, which operated a Pleasanton spa. TVGC agreed to sell the business to Mazurova's corporation, LSI. The sale was partially financed through a promissory note. The sales agreement and promissory note…

Justia Opinion Summary: After plaintiff filed a petition for writ of administrative mandate to overturn Westmont College's determination that he committed sexual assault, the trial court granted plaintiff's petition. Plaintiff then moved for…

Justia Opinion Summary: Xavier Becerra and his election committee (collectively, Becerra) successfully defended a petition for writ of mandate brought by Eric Early and his election committee (collectively, Early) seeking to remove Becerra as a…

Justia Opinion Summary: In a putative class action, plaintiffs Joe Maldonado, Alfredo Mendez, J. Peter Tuma, Jonabette Michelle Tuma, and Roberto Mateos Salmeron (collectively referred to as “the Customers”), claimed Fast Auto Loans, Inc.,…

Justia Opinion Summary: A county employee decided to retire. In December 2012, he submitted his application for retirement to the county’s retirement authority. In January 2013, the California Public Employees’ Pension Reform Act took effect,…

Justia Opinion Summary: Amira Manderson-Saleh was the daughter of an oncology nurse (Mother) who worked at the University of California at San Diego (UCSD) for about 12 years until she retired shortly before her death. Mother earned a pension…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of Altamed's motion to compel arbitration of plaintiff's employment-related claims. The court concluded that the trial court erred in denying the motion to compel…

Justia Opinion Summary: By statute, a trial court has the discretion to appoint a receiver to aid in the collection of a judgment if doing so "is a reasonable method to obtain the fair and orderly satisfaction of the judgment." The Court of…

Justia Opinion Summary: In 1989, after appellant Jody Ann Clements solicited her ex-husband and her boyfriend to assault her 16-year-old brother, the two killed the brother by stabbing him and bludgeoning him with a rock and then buried his…

Justia Opinion Summary: In 2010, Terrence Harris was charged along with three other individuals with one count of premeditated first degree murder in the commission or attempted commission of a robbery, and two counts of robbery. Harris pled…

Justia Opinion Summary: Defendant was convicted of many crimes, including two counts of murder, after he drove his car at nearly 100 miles per hour and collided into a vehicle carrying three young women, two of whom died. A test of defendant's…

Justia Opinion Summary: The plaintiffs are a non-profit organization “dedicated to improving the care, quality of life, and choices for California’s long-term care customers,” residents and former residents of facilities managed by CVSC, and…

Justia Opinion Summary: A bronze sculpture, “Early Days,” was originally part of a Civic Center monument to California's pioneer period. In 2018, at the request of the San Francisco Arts Commission, the San Francisco Historic Preservation…

Justia Opinion Summary: The Court of Appeal reversed the trial court's order denying defendant's special motion to strike plaintiff's complaint as a strategic lawsuit against public participation (SLAPP), Code Civ. Proc., 425.16. Plaintiff…

Justia Opinion Summary: In 2012, Barracuda hired Choochagi. In 2013, Choochagi reported to Human Resources that his supervisor made inappropriate sexual comments. The company investigated. In 2014, Choochagi began experiencing severe migraine…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's award of attorney's fees to plaintiff after a jury trial on plaintiff's lemon law claims. HNL argued that plaintiff's counsel failed to provide evidence of their hourly…

Justia Opinion Summary: Plaintiff filed suit against the city after her son was killed in a collision with a turning truck while riding his bike. Plaintiff alleged a dangerous condition of public property under Government Code section 835. The…

Justia Opinion Summary: ALADs sought a writ of mandate and declaration that a provision of the memorandum of understanding (MOU) between ALADS and the County of Los Angeles is unenforceable based on the ground that it violates wage garnishment…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's award of attorney fees in favor of plaintiff, holding that defendants are entitled to fees under the note and deed of the trust. The court rejected plaintiff's contention…

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of defendant's request to have his case transferred to juvenile court pursuant to the Public Safety and Rehabilitation Act of 2016 (Proposition 57) and Senate Bill…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order dismissing with prejudice plaintiffs' claims against defendants for breach of the implied covenant of good faith and fair dealing (bad faith claim) and violation of…

Justia Opinion Summary: Daniel and Indiana Cabatit entered into a solar power lease agreement (the agreement) with Sunnova Energy Corporation. After a solar power system was installed on the Cabatits’ residence, the Cabatits sued Sunnova,…

Justia Opinion Summary: After the passage of Proposition 218, Sacramento voters approved a requirement that city enterprises providing water, sewer, storm drainage, and solid waste services pay a total tax of 11% of their gross revenues from…

Justia Opinion Summary: Defendant, when he was 18 years old, stabbed and killed a 15-year-old boy while trying to take his backpack and bag containing football gear. Defendant was convicted of robbery and felony murder with a special…

Justia Opinion Summary: After a surgeon competently performed a gastric re-sleeving surgery on plaintiff, she filed suit against him for negligence in recommending gastric re-sleeve surgery as a viable course of treatment and in not obtaining…

Justia Opinion Summary: After a juvenile court places a child who has been declared a dependent with a relative and declares the relative to be a "de facto parent," when the social services agency later seeks to remove the child from the…

Justia Opinion Summary: In April 2015, during marriage dissolution proceedings, plaintiff filed a request for a domestic violence restraining order (DVRO) against defendant, her then-husband. The trial court granted a two-year DVRO. Defendant…

Justia Opinion Summary: This appeal centered on a permit issued by state and local water control boards that required 86 Southern California municipalities to reduce or prevent pollutants discharged through storm sewer systems by meeting…

Justia Opinion Summary: After garnering sufficient voter signatures to qualify, a proposed initiative entitled “Universal Childcare for San Francisco Families Initiative” was placed on the city’s June 2018 ballot as Proposition C. The…

Justia Opinion Summary: M.T. found the door of his house open and two black men walking in the adjoining alley. He lost sight of them as they got into a red Mustang. M.T. could only see their silhouettes. Jewelry and a cash box had been stolen.…

Justia Opinion Summary: The Tribe purchased the coastal property and applied to the Bureau of Indian Affairs to take the property into trust, 25 U.S.C. 5108. The federal Coastal Zone Management Act requires that each federal agency whose…

Justia Opinion Summary: A party receiving notice who fails to participate in court-ordered mediation is bound by the result. Plaintiff, the trustee of decedent's trust, petitioned the probate court to determine the trust beneficiaries. After…

Justia Opinion Summary: A construction worker was killed when concrete formwork toppled over at a worksite. Plaintiffs, the worker's surviving family members, brought a wrongful death action against the general contractor, Swinerton Builders,…

Justia Opinion Summary: Defendants Gonzales, Jaimes, and Magana were convicted of crimes related to their involvement in a robbery, and the jury found true several gang and firearm enhancements. The Court of Appeal accepted each of the…

Justia Opinion Summary: Murphy, a journalist with approximately Twitter 25,000 followers, had a Twitter “verification badge,” which “lets people know that an account of public interest is authentic.” Murphy “writes primarily on feminist issues,…

Justia Opinion Summary: This cases concerns a dispute regarding terms included in a 1957 grant deed (and incorporated by reference into various other documents) transferring the land on which SCST's campus sits from Claremont College to SCST.…

Justia Opinion Summary: After the superior court dismissed plaintiff's petition for a civil harassment restraining order when she was unable to personally serve defendant with a copy of the petition and notice of hearing as required by Code of…

Justia Opinion Summary: Defendant appealed from the superior court's order denying his petition under Penal Code section 1170.95, which allows certain defendants convicted of murder under a felony murder or natural and probable consequences…

Justia Opinion Summary: At issue in this appeal was a preliminary injunction prohibiting the County of San Diego, its public health officer Wilma Wooten, the California Department of Public Health (CDPH), and Governor Gavin Newsom from…

Justia Opinion Summary: Proposition 64, “the Control, Regulate and Tax Adult Use of Marijuana Act" (2016), added Health and Safety Code section 11362.1. With specified exceptions, section 11362.1(a) declares it “lawful under state and local…

Justia Opinion Summary: In 2016, Hill pleaded no contest to felony possession of a firearm by a convicted felon (case CR940896). The court suspended imposition of sentence and placed Hill on three years' felony probation. In 2019, a Clearlake…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order awarding restitution to defendant's crime victims following his conviction for false personation of another; unauthorized use of personal identifying information of…

Justia Opinion Summary: In this highway fatality case, the Court of Appeal held that there has been a miscarriage of justice and thus the court must vacate the $30 million dollar non-economic damage award. The court explained that, in this…

Justia Opinion Summary: A defendant who was sentenced to 66 years to life for violent sex offenses he committed at age 17 is not entitled to youth offender parole consideration under Penal Code section 3051 on federal and California…

Justia Opinion Summary: While Carr was awaiting trial, the court found him incompetent to stand trial. In August 2015, the court ordered Carr committed to Porterville Developmental Center. Two months later, Carr remained in jail. The court…

Justia Opinion Summary: Bernard and Sheila created the Family Trust and transferred their home to themselves as trustees. The trust became irrevocable upon the death of the surviving spouse, when the estate would be distributed to Sheila’s 13…

Justia Opinion Summary: Delavega was charged with murder with three firearm enhancements under Penal Code section 12022.53(b), (c), and (d). The subdivision (d) enhancement applies when a defendant is found to have personally and intentionally…

Justia Opinion Summary: After unsuccessful attempts to subdivide his property, appellant petitioned for exclusion under the Subdivision Map Act, Government Code section 66410 et seq., seeking orders declaring the 1974 parcel map void and…

Justia Opinion Summary: Alice Borman filed this action against defendants Tara Brown, M.D. and North County Eye Center, Inc. (NCEC). Borman alleged that she sought treatment from defendants for a “droopy eyelid and brow.” According to Borman,…

Justia Opinion Summary: The People of the State of California, by and through the Santa Clara County Counsel, the Orange County District Attorney, the Los Angeles County Counsel, and the Oakland City Attorney, filed suit against various…

Justia Opinion Summary: Defendant was convicted of thirteen crimes in connection to his driving a stolen semitruck and trailer to a wholesale tire business, breaking into the fence yard, stealing tires, leading police officers on a high-speed…

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order granting Simplified's special motion to strike the defamation cause of action in the cross-complaint as a strategic lawsuit against public participation under the…

Justia Opinion Summary: Saint Francis Memorial Hospital sought a writ of administrative mandate after being fined $50,000 by the California Department of Public Health. The trial court dismissed, based on the statute of limitations. The court…

Justia Opinion Summary: Petitioner Isaac Favor agreed to a limited waiver of his right to a preliminary hearing (usually 60 days of arraignment), consenting to a new deadline that was 76 days after arraignment. The preliminary hearing was not…

Justia Opinion Summary: Penal Code section 859b permits a defendant to enter a limited waiver of time beyond the initial 60-day time period by agreeing the preliminary hearing be held by a date certain. Absent a further time waiver by the…

Justia Opinion Summary: Defendant Tony Sims appealed after he pleaded guilty to two counts of possession of a firearm by a felon and one count of unlawful possession of ammunition. He contended the trial court erred in denying a motion to…

Justia Opinion Summary: Quinn was convicted of felony attempted interstate transportation of marijuana, Health & Safety Code, section 11360(a)(3). San Francisco International Airport security-screening officers testified that they found over 13…

Justia Opinion Summary: The parties entered into a settlement agreement, in the form of a verbal stipulation, regarding the terms of their marital dissolution. The stipulation included an equal division of the community property portion of the…

Justia Opinion Summary: Plaintiffs Zhi An Wang, Yu Liu, Bo Xu, Yanhong Sun, Yong Li, Tao Chen, Lina Tao, Bin Qu, Qingjiang Li, Tao Jing, Xingchuan Wu, Jun Shi, Ke Zhang, Zhuo Xiao, and Yugang Xie appealed a trial court order granting defendants…

Justia Opinion Summary: Defendant-appellant Larry Brand was convicted by jury of possessing metal knuckles, one count of misdemeanor possession of heroin, and one count of misdemeanor possession of methamphetamine. The trial court imposed a…

Justia Opinion Summary: Eun Sung Jung appeals from an order denying her two motions to vacate plea and conviction pursuant to Penal Code section 1473.7. Jung was born in South Korea and brought in 1998 (at age three) by her parents to the…

Justia Opinion Summary: In 1995, when defendant-appellant Steven Lipptrapp was 25 years old, he admitted that he attempted two murders and engaged in street terrorism. The trial court sentenced him to a determinate 30-year prison term. In 2019,…

Justia Opinion Summary: Filosa began complaining of headaches in 2004-2005. By 2010, the headaches were constant with acute episodes. In 2010, his doctor ordered an MRI. Dr. Alagappan, a radiologist, interpreted the results and did not detect…

Justia Opinion Summary: Defendant appealed his conviction for six offenses committed between 1995 and 2017, including murder, solicitation of murder, and assault with a firearm. In the published portion of the opinion, the Court of Appeal…

Justia Opinion Summary: Defendant-appellant Oliver Panozo was convicted by jury of various offenses in connection with two domestic violence incidents involving his former girlfriend. At sentencing, the court rejected Panozo’s request to be…

Justia Opinion Summary: Plaintiff-respondent City of Norco (City) filed a receivership action to abate what it described as “nearly 20 life-safety hazards” on a property belonging to defendant-appellant Ronald Mugar. During the litigation,…

Justia Opinion Summary: In the underlying action, plaintiffs filed suit against sellers after the house plaintiffs bought from sellers was uninhabitable based on extensive water intrusion. The arbitrator found that sellers had failed to…

Justia Opinion Summary: Defendant was convicted of three counts of stalking and two counts of criminal threats, and sentenced to seven years, which included two one-year prior prison enhancements under Penal Code section 667.5, subdivision (b).…

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

Justia Opinion Summary: Plaintiffs Johnny Ki Lee and Un Joong Lee sought to evict a commercial tenant, defendant Sean Kotyluk, for selling marijuana without a license. They filed an unlawful detainer action against him based on Code of Civil…

Justia Opinion Summary: Plaintiffs are not-for-profit corporations focused on land use, zoning, housing, transportation, and open government. ABAG is a joint power authority of San Francisco Bay Area counties and cities, focused on housing.…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for robbing three people, but struck the gang enhancements for lack of substantial support. In this case, defendant snatched necklaces from three people. The court…

Justia Opinion Summary: After plaintiff was struck by another vehicle while waiting in his disabled car on the shoulder of the freeway for roadside assistance, plaintiff filed suit against Auto Club and Brent-Air for negligence. The trial court…

Justia Opinion Summary: Defendant Edward Siegel was an unsuccessful candidate for the Solana Beach City Council in 2016. During and after the City Council campaign, Siegel’s campaign manager, defendant Brian Hall, sent a letter to the editor,…

Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for dissuading a witness from reporting a crime. The court held that the evidence was sufficient to support defendant's conviction where defendant was convicted of…

Justia Opinion Summary: The Court of Appeal affirmed the juvenile court's orders exercising jurisdiction over mother's three children and removing them from their parents. The court held that the trial court properly found that the mother's…

Justia Opinion Summary: William Morse petitioned for habeas relief from a superior court order which found under the Sexually Violent Predators Act (SVPA), there was probable cause to believe petitioner was likely to engage in sexually violent…

Justia Opinion Summary: Officer Meyer, wearing a uniform and badge, responded to a 911 call. Outside a store, a bystander said: "The guy ran in the store and was stuffing all kinds of shit down his pants" and identified Makreth behind the…

Justia Opinion Summary: After the Regional Board issued a permit authorizing the County and certain cities (collectively, the Operators) to operate stormwater drainage systems, some of the Operators filed claims with the Commission seeking a…

Justia Opinion Summary: The Manse, a Residential Care Facility for the Elderly (RCFE) admitted a resident diagnosed with dementia in violation of the conditions of the facility’s license. When an RCFE admits a resident with dementia, it must…

Justia Opinion Summary: The Court of Appeal affirmed an order denying defendant's motion to compel arbitration, holding that there was sufficient evidence to support the trial court's finding that defendant waived its right to arbitrate. The…

Justia Opinion Summary: This appeal arose out of a property tax refund action brought by Chinese Theatres against the County. After remanding to the Los Angeles County Assessment Appeals Board to reduce the value of real property owned by…

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