California Courts of Appeal Decisions 2022

Opinions 1 - 500 of 588

P. v. Beasley
Date: August 11, 2022
Docket Number: G060302M
People v. North River Insurance Co.  
Date: August 11, 2022
Docket Number: H047426

Justia Opinion Summary: Bonds posted a $200,000 bail bond for Quinones-Arias. North was the surety and guaranteed the defendant’s appearance. Quinones-Arias did not appear at a plea hearing on December 17, 2018. The court declared the bond…

Creditors Adjustment Bureau v. Imani  
Date: August 9, 2022
Docket Number: B316546

Justia Opinion Summary: Appellant appealed the order denying his motion to vacate the judgment entered against him for $251,200.13 after he failed to pay $30,000 as required pursuant to a stipulation for entry of judgment. Appellant contends…

Needham v. Super. Ct.  
Date: August 8, 2022
Docket Number: G060670

Justia Opinion Summary: The State petitioned to commit Nicholas Needham California under the Sexually Violent Predator Act (SVPA). Preparing for trial on the petition, the district attorney retained a psychological expert to evaluate Needham…

California v. Vang  
Date: August 5, 2022
Docket Number: C090365

Justia Opinion Summary: Defendant Jerry Vang was convicted by jury for multiple crimes against two different victims, including: kidnapping first degree felony murder with a special circumstance, infliction of corporal injury on a cohabitant,…

Fisher v. County of Orange  
Date: August 5, 2022
Docket Number: G060021

Justia Opinion Summary: Donna Fisher lived in a mobilehome located in The Groves mobilehome residential community in Irvine, California. In 2011, Fisher filed a verified assessment appeal application with the Assessment Appeals Board No. 3 (the…

Dept. of Fair Employment and Housing v. Cisco Systems, Inc.  
Date: August 5, 2022
Docket Number: H048910

Justia Opinion Summary: Cisco Systems, Inc. hired “John Doe” in September 2015 to work as an engineer. Doe was required to sign an arbitration agreement as a condition of his employment. Under the agreement, Cisco and Doe had to arbitrate “all…

Depart. of Fair Employment and Housing v. Super. Ct.
Date: August 5, 2022
Docket Number: H048962
Alfaro v. Waterhouse Management Corp.  
Date: August 4, 2022
Docket Number: B313842

Justia Opinion Summary: Appellant Waterhouse Management Corp. is the property manager of Nomad Village Mobile Home Park (the Park), a 150- space mobile home park in Santa Barbara. Appellant Lazy Landing MHP, LLC, owns the long-term ground lease…

P. v. Lopez  
Date: August 4, 2022
Docket Number: F076295A

Justia Opinion Summary: Defendant was convicted of unlawful possession of a firearm and ammunition; attempted robbery; conspiracy to commit robbery; and a violation of the gang conspiracy statute. After his conviction, the California…

P. v. Ayon
Date: August 4, 2022
Docket Number: H047360M
Broad Beach Geologic Hazard etc. v. 31506 Victoria Point LLC  
Date: August 3, 2022
Docket Number: B304699

Justia Opinion Summary: The City of Malibu formed the Broad Beach Geologic Hazard Abatement District (the District), to protect the homes on the city’s Broad Beach, threatened by longstanding shoreline erosion. The District developed a plan to…

Brawerman v. Loeb & Loeb LLP  
Date: August 3, 2022
Docket Number: B305802

Justia Opinion Summary: Plaintiffs sued Defendants asserting causes of action for professional negligence and breach of fiduciary duty. Defendants moved to compel arbitration pursuant to the Retainer Agreement and the trial court granted the…

Montes v. Young Men's Christian Assn. of Glendale, CA  
Date: August 3, 2022
Docket Number: B309454

Justia Opinion Summary: Plaintiffs’ son fell to his death from the steep, sloped roof of a residential building where he lived. The building was owned by Young Men’s Christian Association of Glendale, California (YMCA or Defendant). Plaintiffs’…

Friend of Camden v. Brandt
Date: August 3, 2022
Docket Number: B309746M
Friend of Camden v. Brandt  
Date: August 2, 2022
Docket Number: B309746

Justia Opinion Summary: Plaintiff, who owned a 1 percent interest in a limited liability company (LLC), filed a lawsuit seeking judicial dissolution of the LLC under Corporations Code section 17707.03. Defendants, other members of the LLC who…

Martinez v. Cot'n Wash, Inc.  
Date: August 1, 2022
Docket Number: B314476

Justia Opinion Summary: Plaintiff, as successor in interest to his brother, sought reversal of a judgment of dismissal following the successful demurrer of Cot’n Wash, Inc. (CW) to a complaint against CW alleging a single violation of the Unruh…

Chen v. Valstock Ventures, LLC  
Date: July 29, 2022
Docket Number: A161885

Justia Opinion Summary: Shao Yan Chen, Han Lin Liu, Zhi Hua Mo, Yuk Yee Cheng, Hui Zhen Hu, Ruizhao Wu, and Qi Di Wu (collectively, tenants) had a dispute with Valstock Ventures, LLC and 371 Broadway Street, LLC (together, Valstock) over which…

Essick v. County of Sonoma  
Date: July 29, 2022
Docket Number: A162887A

Justia Opinion Summary: Sonoma County received a harassment complaint lodged against the elected sheriff of the county, Mark Essick. An independent investigator, Amy Oppenheimer, prepared a written report. A local newspaper requested the County…

In re Ezequiel G.  
Date: July 29, 2022
Docket Number: B314432

Justia Opinion Summary: Defendant, a mother of ten children, was accused of physically abusing several of her children. In November 2017, the court sustained allegations of a petition and ordered the children removed from the parents.…

In re Jason V.  
Date: July 28, 2022
Docket Number: A163366

Justia Opinion Summary: After June 30, 2021, juvenile courts were no longer able to commit juveniles to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). Jason V. was committed to DJJ prior to June 30, 2021,…

Rycz v. Super. Ct.  
Date: July 28, 2022
Docket Number: A163741

Justia Opinion Summary: Stella Grace Yeh (Yeh) attended the University of San Diego. Following a party where Yeh became highly intoxicated, a friend summoned an Uber to take Yeh back to her dorm at the University. That ride was terminated…

P. v. Peyton  
Date: July 28, 2022
Docket Number: B314992

Justia Opinion Summary: Under California Welfare and Institutions Code, a person previously designated as a "sexually violent predator" ("SVP") may be unconditionally discharged if they no longer meet the definition under Sec. 6604.9(d).…

Munoz v. Patel  
Date: July 28, 2022
Docket Number: D078215A

Justia Opinion Summary: Luis Munoz and LR Munoz Real Estate Holdings, LLC (together, Munoz) bought a hotel from a company owned and managed by Rajesh Patel and his son, Shivam. Before escrow closed, the parties negotiated a leaseback…

California v. Maplebear Inc.  
Date: July 28, 2022
Docket Number: D079209A

Justia Opinion Summary: The San Diego City Attorney brought an enforcement action under the Unfair Competition Law, Business and Professions Code sections 17200, et seq. (UCL), on behalf of the State of California against Maplebear Inc. DBA…

California v. Super. Ct. (Ortiz)  
Date: July 28, 2022
Docket Number: E077594

Justia Opinion Summary: A superior court granted diversion to real party in interest, Jessica Ortiz, on misdemeanor DUI charges pursuant to Penal Code section 1001.95. In prior writ proceedings, the appellate division of the superior court…

In re Ernesto L.
Date: July 27, 2022
Docket Number: A162151M
Nunez v. City of Redondo Beach  
Date: July 27, 2022
Docket Number: B308741

Justia Opinion Summary: Plaintiff fell while walking on a public sidewalk in the City of Redondo Beach. More specifically, Plaintiff's back foot hit a raised sidewalk slab causing her to trip and fall forward to the ground. As a result,…

Shiheiber v. JPMorgan Chase Bank  
Date: July 26, 2022
Docket Number: A160188

Justia Opinion Summary: Attorney Dennise Henderson violated several local court rules governing the timely service and filing of materials preparatory to trial. As a result, the trial court sanctioned her $950 under Code of Civil Procedure…

County of Mono v. City of Los Angeles  
Date: July 26, 2022
Docket Number: A162590

Justia Opinion Summary: The City of Los Angeles, Los Angeles Department of Water and Power (LADWP), and Los Angeles Department of Water and Power Board of Commissioners (collectively, Los Angeles) appealed a trial court judgment granting the…

P. v. Flowers  
Date: July 26, 2022
Docket Number: B312522

Justia Opinion Summary: Appellant was convicted by jury of robbery. He waived jury as to the charged enhancements and the trial court, based upon certified records, found true the allegations that he had two serious prior felony convictions and…

California v. Saibu  
Date: July 26, 2022
Docket Number: D078391

Justia Opinion Summary: In 2008, a jury convicted Sadiq Saibu and Antonio Valentino for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder and attempted murder in the same liquor store…

California v. McCune  
Date: July 25, 2022
Docket Number: A163579

Justia Opinion Summary: Defendant-appellant Scotlane McCune appealed an order awarding victim restitution. McCune crashed his cousin’s car into a tree, totaling the car’s front end and injuring his passenger. He pled no contest to felony hit…

Meiri v. Shamtoubi  
Date: July 25, 2022
Docket Number: B310619

Justia Opinion Summary: Defendant was a beneficiary and trustee of a family trust. In 2018, Defendant provided Plaintiff, Defendant's daughter, and the other remainder beneficiaries with a notice stating: "[y]ou may not bring an action to…

Gallo v. Wood Ranch USA, Inc.  
Date: July 25, 2022
Docket Number: B311067

Justia Opinion Summary: Plaintiff sued her former employer, Wood Ranch USA, Inc. (Wood Ranch) for compensatory and punitive damages on nine different causes of action. Wood Ranch moved to compel arbitration. The trial court granted the motion…

Francis v. City of L.A.
Date: July 22, 2022
Docket Number: B301021
P. v. Mitchell  
Date: July 22, 2022
Docket Number: B308780

Justia Opinion Summary: Petitioner was convicted of murder and several gang-related offenses in 1988 after pleading guilty. He was sentenced to 25 years to life. In 2017, Defendant had a parole hearing, at which he accepted responsibility for…

Daimler Trucks North America LLC v. Super. Ct.
Date: July 22, 2022
Docket Number: B316199M
Callanan v. Grizzly Designs, LLC  
Date: July 22, 2022
Docket Number: C094008

Justia Opinion Summary: At issue in this appeal was whether a cross-complaint filed by Connor Callanan against Charles Menken, Steven Menken, and Grizzly Designs, LLC, dba Brotherly Love (collectively “the Menkens”) was a SLAPP suit subject to…

Legg v. Dept. of Justice  
Date: July 22, 2022
Docket Number: C094657

Justia Opinion Summary: Petitioner Robert Legg pleaded guilty to committing a lewd act upon a 14- or 15-year-old child, a conviction that required him to register as a sex offender for life. A subsequent amendment to Penal Code section 290…

Transcon Financial, Inc. v. Reid & Hellyer, APC  
Date: July 22, 2022
Docket Number: E076728

Justia Opinion Summary: Defendant Reid & Hellyer, APC (Reid & Hellyer) moved for sanctions against plaintiff Transcon Financial, Inc. (Transcon) and its counsel, Ronald Talkov. Reid & Hellyer filed two motions, one under California Code of…

Leenay v. Super. Ct.  
Date: July 22, 2022
Docket Number: E077292

Justia Opinion Summary: The issue presented for the Court of Appeal's review in this case centered on whether California Code of Civil Procedure Section 1281.4 authorized the trial court to stay a plaintiff’s action on the basis of a pending…

Seviour-Iloff v. LaPaille
Date: July 21, 2022
Docket Number: A163503M
P. v. Manzanilla
Date: July 21, 2022
Docket Number: B313557M
J.J. v. Super. Ct.  
Date: July 21, 2022
Docket Number: C095308

Justia Opinion Summary: Petitioner-mother J.J. petitioned for extraordinary relief pursuant to California Rules of Court, rule 8.452, seeking review of an order denying family reunification services and setting a permanency planning hearing…

Howitson v. Evans Hotels  
Date: July 21, 2022
Docket Number: D078894

Justia Opinion Summary: This case (1) involved the legal issue of whether an employee who settled individual claims against the employer for alleged Labor Code violations was subsequently barred by claim preclusion from bringing a Private…

In re N.L.  
Date: July 21, 2022
Docket Number: D079759

Justia Opinion Summary: Minor N.L. appealed an order adjudging her a ward of the court. She argued: (1) there was insufficient evidence to support the juvenile court’s finding that she willfully and maliciously committed felony arson of…

California v. Beasley  
Date: July 21, 2022
Docket Number: G060302

Justia Opinion Summary: Danny Beasley, who had a lengthy criminal history, was on parole from a 25-to-life sentence when he committed this first degree robbery. He used a knife in the commission of the offense, which exposed him to a maximum…

Lopez v. Lopez  
Date: July 20, 2022
Docket Number: B315959

Justia Opinion Summary: Appellant, then proceeding pro se, brought an action against Respondent, her brother, alleging he had falsely accused her of committing crimes against him and their elderly parents. Respondent emailed the attorney in…

P. v. Dunn  
Date: July 20, 2022
Docket Number: F083390

Justia Opinion Summary: Defendant was charged with assault with a means of force likely to cause great bodily injury (“force-likely assault”) (Pen. Code,1 Section 245, subd. (a)(4); count 1) and misdemeanor violation of a protective order…

Wang v. Nesse  
Date: July 20, 2022
Docket Number: H048669

Justia Opinion Summary: Wang sued her former attorney Nesse, alleging professional malpractice in his representation of Wang in her marital dissolution action. Following Nesse’s death, his estate moved for summary judgment on the grounds that…

Meda v. Autozone  
Date: July 19, 2022
Docket Number: B311398

Justia Opinion Summary: Plaintiff worked as a sales associate at an AutoZone auto parts store operated by Defendant AutoZoners, (AutoZoners). Plaintiff filed the present suit asserting one claim under the Labor Code Private Attorneys General…

In re J.W.  
Date: July 19, 2022
Docket Number: B313447

Justia Opinion Summary: Appellant appealed the juvenile court’s order terminating her parental rights to her daughter. She did not challenge the basis of the termination of her rights. Her sole contention is that the Los Angeles Department of…

In re G.A.  
Date: July 19, 2022
Docket Number: C094857

Justia Opinion Summary: S.A. (mother) appealed a juvenile court’s order terminating parental rights and ordering G.A. (minor) be placed for adoption. Mother contended the San Joaquin County Human Services Agency (Agency) and the juvenile court…

Royals v. Lu  
Date: July 18, 2022
Docket Number: A160985

Justia Opinion Summary: After Royals’ father, Adams, died at age 99, Royals became the successor trustee and sole beneficiary of the Adams Trust. Lu, Adams’s second wife, was 59 years old when she married Adams, then 95. Royals alleged that…

In re Rylei S.  
Date: July 18, 2022
Docket Number: B316877

Justia Opinion Summary: A child was declared a dependent child of the juvenile court and removed from Defendants (her parents), after the court sustained an amended petition pursuant to Welfare and Institutions Code section 300, subdivisions…

Shoker v. Superior Court of Alameda County  
Date: July 15, 2022
Docket Number: A163711

Justia Opinion Summary: Ghuman befriended the Shokers, becoming familiar with their rental properties and promising higher returns on an investment in a technology company.. Relying on his representations, the Shokers provided Ghuman with $1.5…

P. v. Lee  
Date: July 15, 2022
Docket Numbers: B300756, B305493

Justia Opinion Summary: Three defendants were tried on various charges arising from two shootings that occurred as part of a gang war. They were tried alongside two other co-defendants and ultimately convicted of multiple counts of murder and…

Evenskaas v. California Transit, Inc.  
Date: July 15, 2022
Docket Number: B308354

Justia Opinion Summary: Plaintiff worked as a driver for California Transit. After California Transit terminated his employment, Evenskaas filed this wage and hour class action against California Transit; its owner, and the company that…

Chodosh v. Commission on Judicial Performance, et al.  
Date: July 15, 2022
Docket Number: C091221

Justia Opinion Summary: Plaintiff Floyd Chodosh appealed the dismissal of his case against defendants the Commission on Judicial Performance (the Commission), the Department of Justice, and former Attorney General Xavier Becerra (together with…

California v. M.H.  
Date: July 15, 2022
Docket Number: E074452

Justia Opinion Summary: After defendant-appellant M.H. was convicted of a criminal offense, she was committed to the California Department of State Hospitals at Patton as a Mentally Disordered Offender (MDO) under Penal Code section 2962. While…

Thompson v. Crestbrook Insurance Co.  
Date: July 14, 2022
Docket Number: A161949

Justia Opinion Summary: The Thompsons own property in Sonoma County that is subject to a conservation easement (Civ. Code 815) in favor of SLT, which prohibits any impairment of the land’s conservation values. SLT sued, alleging that the…

M & L Financial v. Sotheby's  
Date: July 14, 2022
Docket Number: B312816

Justia Opinion Summary: M & L Financial, Inc. (M&L) took 45 vivid yellow diamonds worth $4 million to Sotheby’s for auction on consignment. M&L told Sotheby’s it was the exclusive owner of the diamonds, but Sotheby’s later released them to a…

California v. Singh  
Date: July 14, 2022
Docket Number: C093084

Justia Opinion Summary: Defendant Pravindar Prem Singh, a noncitizen legal resident, was found guilty of various illegal substance charges. After serving his sentence for these convictions he was detained by Immigration and Customs Enforcement…

California v. Shelly  
Date: July 14, 2022
Docket Number: C094048

Justia Opinion Summary: Defendant Laura Shelly pled no contest to one count of embezzlement by an employee. Pursuant to the negotiated plea, the trial court imposed a five-year term of felony probation. The court also ordered defendant to pay…

Parkford Owners for a Better Community v. Windeshausen  
Date: July 14, 2022
Docket Number: C094419

Justia Opinion Summary: This case was the second appeal arising out of a dispute over the operation of a commercial self-storage facility (Treelake Storage) within a planned unit development in Granite Bay (Treelake Village). Silversword…

Petrolink, Inc. v. Lantel Enterprises  
Date: July 14, 2022
Docket Number: D079305

Justia Opinion Summary: This was the second time plaintiff-appellant Petrolink, Inc. returned to the Court of Appeal in its suit against Lantel Enterprises. Petrolink filed an action against defendant Lantel Enterprises (Lantel), seeking…

In re Mazur  
Date: July 14, 2022
Docket Number: D079597

Justia Opinion Summary: Petitioner Matthew Mazur concocted a fraudulent investment scheme that resulted in his conviction on 35 felony charges and various sentencing enhancements. After an appeal that resulted in resentencing, and several…

California v. Clark  
Date: July 14, 2022
Docket Number: E075532

Justia Opinion Summary: Defendant-appellant Kejuan Clark was convicted by jury of rape, forced oral copulation, false imprisonment, first degree burglary, and robbery in concert inside an inhabited dwelling. The jury found true the allegations…

Rittiman v. Public Utilities Commission
Date: July 13, 2022
Docket Number: A162842M
Golden Gate Land Holdings LLC v. Direct Action Everywhere  
Date: July 13, 2022
Docket Number: A163315

Justia Opinion Summary: Golden Gate, which operates a Berkeley horse racing track, sued Action, an animal rights organization, and individuals who allegedly climbed over a fence surrounding the race track, lit incendiary devices that produced…

Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Ins. Co.  
Date: July 13, 2022
Docket Number: B316501

Justia Opinion Summary: The owners of Hotel Erwin and Larry’s (a restaurant adjacent to the hotel) in Venice Beach—Marina Pacific Hotel & Suites, LLC; Venice Windward, LLC; Larry’s Venice, L.P.; and Erwin H. Sokol, as trustee of the Frances…

P. v. Torres  
Date: July 13, 2022
Docket Number: B318399

Justia Opinion Summary: Defendant appealed a grant of probation containing a condition that he serve 180 days of confinement in county jail. Although the trial court misunderstood the imposition of custodial time as a probation condition for a…

In re Ernesto L.  
Date: July 12, 2022
Docket Number: A162151

Justia Opinion Summary: The occupants of a car shot at officers; neither was hit. Ernesto, age 16, and others were apprehended after attempting to escape. The Alameda County District Attorney’s Office filed a wardship petition with respect to…

Tukes v. Richard CA2/  
Date: July 12, 2022
Docket Number: B307242

Justia Opinion Summary: The Second Appellate District resolved three appeals, referred to as the 270 Action and the other as 475 Action.   In the 270 Action, the trial court sustained special motions to strike Plaintiff’s complaint against…

In re M.M.  
Date: July 12, 2022
Docket Number: B315997

Justia Opinion Summary: Mother D.S. (“Mother”) appealed the order terminating her parental rights to daughter, M.M., arguing the adoption assessment prepared by the Los Angeles County Department of Children and Family Services (“Department)”…

Meza v. Pacific Bell Telephone Co.
Date: July 12, 2022
Docket Number: B317119M
California v. Harden  
Date: July 12, 2022
Docket Number: D078191A

Justia Opinion Summary: Invoking California Penal Code section 1170.95, defendant Yolanda Harden sought to vacate her conviction of first degree murder. She claimed some 20 years later (and after recent amendments to the statute) that she was…

XPO Logistics Freight, Inc. v. Hayward Property, LLC
Date: July 11, 2022
Docket Number: A157687M
California v. Zabelle  
Date: July 11, 2022
Docket Number: C093173

Justia Opinion Summary: A jury found defendant Anthony Zabelle guilty of second degree robbery. It also found true the allegation he inflicted great bodily injury during the commission of the robbery. On appeal, defendant challenged his…

Wyatt v. Kern High School  
Date: July 11, 2022
Docket Number: F081049

Justia Opinion Summary: At issue is whether certain records maintained by appellant Kern High School District (“KHSD”) and pertaining to Plaintiff, a police officer formerly employed by KHSD, are subject to disclosure in response to requests…

Saini v. Sutter Health  
Date: July 8, 2022
Docket Number: A162081

Justia Opinion Summary: The plaintiff alleged that after being treated at the defendant’s emergency room, he was billed an evaluation and management services (EMS) fee in addition to the charges for individual items of service and treatment.…

California v. Gerson  
Date: July 8, 2022
Docket Number: D076297A

Justia Opinion Summary: A jury found Hayden Gerson guilty of two counts of attempted voluntary manslaughter a lesser included offense of attempted murder; two counts of assaulting a peace officer with a semiautomatic firearm; shooting at an…

People v. Wandrey  
Date: July 7, 2022
Docket Number: A161691

Justia Opinion Summary: Wandrey was convicted of numerous counts of sex offenses committed against the daughter of his then-girlfriend, and sentenced to consecutive aggravated prison terms totaling 756 years. He had been charged with and…

Daimler Trucks North America LLC v. Super. Ct.  
Date: July 7, 2022
Docket Number: B316199

Justia Opinion Summary: The real parties in interest, two truck drivers, were injured in a single-vehicle truck accident. At the time of the accident, the injured drivers were operating a truck manufactured by Defendant. Defendant is a Delaware…

Coastline JX Holdings LLC v. Bennett  
Date: July 7, 2022
Docket Number: G059552

Justia Opinion Summary: In December 2019, Coastline JX Holdings LLC (Coastline), assignee of a judgment creditor’s interest in a money judgment entered against Stephen Bennett, served on Seamount Financial Group, Inc. (Seamount) a notice of…

P. v. Manzanilla  
Date: July 6, 2022
Docket Number: B313557

Justia Opinion Summary: In 2014, Defendant was convicted of one count of injuring a cohabitant resulting in a traumatic condition under Penal Code section 273.5 after he entered a guilty plea to the offense. Shortly after his conviction,…

Magallanes de Valle v. Doctors Medical Center of Modesto  
Date: July 6, 2022
Docket Number: F082099

Justia Opinion Summary: Plaintiff brought a medical malpractice action against her personal, treating physician, Golden Valley Health Centers, and Doctors Medical Center of Modesto (“DMC”), after suffering complications and injuries as a result…

People v. Ayon  
Date: July 6, 2022
Docket Number: H047360

Justia Opinion Summary: After the police saw Ayon commit two minor traffic violations, they stopped him in his car and detained him until a narcotics dog arrived, 12 minutes and 45 seconds into the stop. After the dog indicated the presence of…

McNeal v. Whittaker, Clark & Daniels  
Date: July 5, 2022
Docket Number: B313472

Justia Opinion Summary: McNeal was exposed to asbestos from several sources. He was diagnosed with mesothelioma in 2017. The jury found his asbestos exposure included the use of Old Spice talcum powder on a daily basis, 1958-1980, except for…

In re M.G.  
Date: July 5, 2022
Docket Number: B313483

Justia Opinion Summary: Now four-year-old M.G. is fed through a G-tube due to his diagnoses of esophageal reflux, generalized intestinal dysmotility, and laryngomalacia. He is also eligible for Regional Center Services due to a developmental…

P. v. Bunas
Date: July 5, 2022
Docket Number: D078819M
Allied Anesthesia Medical Group v. Inland Empire Health Plan  
Date: July 1, 2022
Docket Number: E074729

Justia Opinion Summary: Defendant-respondent Inland Empire Health Plan (IEHP) was a health care service plan subject to the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act). It contracted with certain medical groups and…

Hargrove v. Legacy Healthcare, Inc  
Date: July 1, 2022
Docket Number: E076240

Justia Opinion Summary: In 2016, plaintiff Stephanie Hargrove filed suit against defendants-respondents San Bernardino Convalescent Operations, Inc., dba Legacy Post-Acute Rehabilitation Center (Hargrove’s former employer; SBCO), Indio Nursing…

Joshi v. Fitness International, LLC  
Date: July 1, 2022
Docket Number: H048115

Justia Opinion Summary: Joshi was injured while using a sauna at City Sports Club, which is owned by Fitness. Joshi filed a personal injury suit alleging premises liability based upon Fitness’s failure to maintain the sauna in a safe condition.…

People v. Caparaz  
Date: June 30, 2022
Docket Number: A158473

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the trial court convicting Defendant of multiple counts of lewd acts upon a child under the age of fourteen and additional sexual offenses and sentencing him to ninety years…

People v. Diggs  
Date: June 30, 2022
Docket Number: A162679

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the trial court denying Defendant's petition for conditional release on the ground of restoration of sanity pursuant to Cal. Penal Code 1026.2, holding that the trial court…

P. v. Murphy  
Date: June 30, 2022
Docket Number: B306773A

Justia Opinion Summary: Defendant, driving at nearly 90 miles per hour, ran through a red light and collided with another vehicle, killing its occupants. A blood test after the accident confirmed that Defendant had 7.2 nanograms per milliliter…

Sanchez v. Bezos  
Date: June 30, 2022
Docket Number: B309364

Justia Opinion Summary: Plaintiff filed this defamation case against Defendants based on allegations that Defendants falsely told several reporters that plaintiff had provided explicit nude photographs of one of the Defendants to the National…

In re C.S.  
Date: June 30, 2022
Docket Number: B312003

Justia Opinion Summary: Defendant entered a no contest plea to Welfare and Institutions Code section 300, subdivisions (b)(1) (failure to protect) and (c) (serious emotional damage) related to all three of her children. After hearing the…

California Business & Industrial Alliance v. Becerra  
Date: June 30, 2022
Docket Number: G059561

Justia Opinion Summary: Plaintiff California Business & Industrial Alliance appealed dismissal after a trial court sustained the demurrer of defendant Xavier Becerra, in his official capacity as Attorney General of the State of California,…

In re E.V.  
Date: June 30, 2022
Docket Number: G061025

Justia Opinion Summary: G.V. (Father) appealed a juvenile court’s judgment terminating his parental rights as to his newborn daughter (E.V.) and selecting adoption as the permanent plan. He argued the court and the Orange County Social Services…

People v. Deleoz  
Date: June 30, 2022
Docket Number: H047775

Justia Opinion Summary: The Court of Appeal affirmed the judgment of the trial court convicting Defendant of the involuntary manslaughter of his girlfriend, holding that no violation of Brady v. Maryland, 373 U.S. 83 (1963), occurred in this…

Ilczyszyn v. Southwest Airlines Co.  
Date: June 29, 2022
Docket Number: A158352

Justia Opinion Summary: Southwest Airlines passenger Ilczyszyn suffered a massive pulmonary embolism while locked inside an airplane lavatory during the final stages of a flight from Oakland to Orange County. Rather than treating Ilczyszyn’s…

Essick v. County of Sonoma  
Date: June 29, 2022
Docket Number: A162887

Justia Opinion Summary: In 2020, while wildfires swept through portions of Sonoma County, close to many homes, Sheriff Essick met with the County Board of Supervisors, fire officials, and members of the public in a streamed town hall meeting.…

In re M.B.  
Date: June 29, 2022
Docket Number: B312789

Justia Opinion Summary: Appellant the mother of six-year-old M.B., appealed the August 31, 2021 order terminating her parental rights, contending the Los Angeles County Department of Children and Family Services failed to adequately investigate…

P. v. Rojas  
Date: June 29, 2022
Docket Number: F080361

Justia Opinion Summary: Defendant and a codefendant shot and killed another person after an altercation. Defendant was convicted of first-degree murder with a true finding of the gang special circumstance. He was also convicted of active gang…

Achay v. Huntington Beach Union High School Dist.  
Date: June 29, 2022
Docket Number: G060053

Justia Opinion Summary: Plaintiff C. Achay was a student on a high school track team, which usually practiced after school until 5:30 p.m. One day practice ended early, so Achay and her friend walked to Starbucks and returned about 45 minutes…

Turo v. Superior Court of the City and County of San Francisco  
Date: June 28, 2022
Docket Number: A160200

Justia Opinion Summary: Turo, an Internet-based platform, allows vehicle owners to list, and customers to rent, specific passenger vehicles, processes reservations and payments and retains a percentage of the proceeds of each rental…

Victaulic Co. v. American Home Assurance Co.  
Date: June 28, 2022
Docket Number: A163396

Justia Opinion Summary: For about 10 years Victaulic and three of its insurers, members of the American Insurance Group (AIG), have been engaged in litigation. One case is this lawsuit filed by Victaulic in 2012; in 2013, the Pillsbury law firm…

Seviour-Iloff v. LaPaille  
Date: June 28, 2022
Docket Number: A163503

Justia Opinion Summary: BPI owned property in unincorporated Humboldt County, with eight rental units, a post office, and its own water system. LaPaille served as CEO and CFO of BPI. From 2009-2016, Laurance and Elsie (plaintiffs) performed…

P. v. Lima  
Date: June 28, 2022
Docket Number: B293030A

Justia Opinion Summary: A jury convicted Defendant of attempted willful, deliberate, and premeditated murder. The trial court sentenced Defendant to 32 years to life in state prison. Defendant appealed the application of gang and firearm…

P. v. Salazar  
Date: June 28, 2022
Docket Number: B309803

Justia Opinion Summary: Appellant appealed the judgment after the jury found him guilty of false imprisonment by violence or menace (count 1, Pen. Code, Sections 236, 237, subd. (a)) and infliction of corporal injury on a person with whom he…

In re Dezi C.
Date: June 28, 2022
Docket Number: B317935M
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores  
Date: June 28, 2022
Docket Number: C094190

Justia Opinion Summary: The co-tenancy provision in the parties’ lease required a shopping center to have either: (1) three anchor tenants; or (2) 60 percent of the space leased, and, if it did not, Tenant-respondent JoAnn Stores, LLC was…

Simms v. Bear Valley Community Heathcare Dist.  
Date: June 28, 2022
Docket Number: E075184

Justia Opinion Summary: Acting pro se, plaintiff-appellant Timothy Simms wanted to bring a medical malpractice lawsuit against defendant-respondent Bear Valley Community Healthcare District (Bear Valley). He appealed a judgment denying his…

Broome v. Regents of the University of California  
Date: June 27, 2022
Docket Number: A160591

Justia Opinion Summary: The University of California Retirement Plan (UCRP) is a defined benefit plan. In 1999, the University’s President addressed the recruitment and retention impacts of federal tax law: for employees hired after a certain…

LG Chem, Ltd. v. Superior Court  
Date: June 27, 2022
Docket Number: D079718

Justia Opinion Summary: Ryan Lawhon alleged he was severely injured when an 18650 lithium-ion battery he bought from a San Diego vape shop suddenly exploded in his pants pocket. In addition to the vape shop and vape distributor, he sued LG Chem…

Therolf v. Superior Court  
Date: June 27, 2022
Docket Number: F083561

Justia Opinion Summary: Petitioner, a journalist, petitioned to obtain the juvenile case file of a deceased child, whose adoptive mother was convicted of her torture and murder. Although the Madera County Department of Social Services/Child…

Doe v. The Regents of the University of California  
Date: June 24, 2022
Docket Number: A161546

Justia Opinion Summary: In 2015, John and Jane were students at the University of California, Santa Barbara (UCSB). On September 7, they went to a party together and then had a sexual encounter. The next day, a dispute arose about whether the…

Barber v. Southern Cal. Edison Co.  
Date: June 24, 2022
Docket Number: B305585

Justia Opinion Summary: Plaintiffs appealed from a judgment of the superior court in their lawsuit against Southern California Edison Company (SCE) following summary judgment in SCE’s favor. Plaintiffs previously lived on a property on Knob…

P. ex rel. Spitzer v. AWI Builders, Inc.
Date: June 24, 2022
Docket Number: G059795A
County of Sonoma v. Public Employment Relations Board  
Date: June 23, 2022
Docket Number: A163100

Justia Opinion Summary: The Meyers-Milias-Brown Act (MMBA; Gov. Code 3500) requires public agencies to meet and confer (bargain) in good faith with recognized employee organizations regarding changes to wages, hours, and other terms and…

In re Cuenca  
Date: June 23, 2022
Docket Number: A164317

Justia Opinion Summary: In 2018, Cuenca pleaded guilty to false imprisonment of his girlfriend and to a related charge of resisting arrest resulting in serious bodily injury to an officer. The court imposed a split sentence: three years of…

Bowen v. Lin  
Date: June 23, 2022
Docket Number: B312831

Justia Opinion Summary: A family who owned and operated a medical practice ("Defendants") suffered $25,000 in damages when a pipe in an adjacent office started leaking. The family hired a lawyer ("Plaintiff") to help them compel the neighboring…

Fowler v. Golden Pacific Bancorp.  
Date: June 23, 2022
Docket Number: C092179

Justia Opinion Summary: Plaintiff Rick Fowler sought a writ of mandate against defendant Golden Pacific Bancorp, Inc. (Bancorp), to enforce his statutory rights as a director and majority shareholder to inspect corporate books and records.…

P. v. Romero  
Date: June 23, 2022
Docket Number: F080671

Justia Opinion Summary: Petitioner entered a no contest plea to first-degree murder. He also admitted that he acted intentionally, deliberately, and with premeditation in committing the murder. Twelve years later, Petitioner filed a petition…

K.R. v. Superior Court of Napa County  
Date: June 22, 2022
Docket Number: A164821

Justia Opinion Summary: The Lanterman-Petris-Short Act (Welfare & Institutions Code 5000e) authorizes one-year conservatorships over individuals who are “gravely disabled” by a mental health disorder or chronic alcoholism. Persons subject to…

Casey v. Hill
Date: June 22, 2022
Docket Number: D079221M
P. v. Montano  
Date: June 22, 2022
Docket Number: F079222

Justia Opinion Summary: Defendants were convicted of first degree murder with the special circumstance of lying in wait, and unlawful participation in a criminal street gang ("gang enhancement"). On appeal, Defendants sought reversal of the…

California v. Whitmore  
Date: June 22, 2022
Docket Number: G059779A

Justia Opinion Summary: Defendant-appellant Christopher Whitmore was convicted by jury of rape, false imprisonment and other crimes. After trial, Whitmore made a Marsden motion to replace his appointed counsel; he also moved for a new trial.…

California v. AWI Builders, Inc.  
Date: June 22, 2022
Docket Number: G059795

Justia Opinion Summary: In 2015, defendants AWi Builders, Inc. (AWi), Construction Contractors Corporation, Zhirayr Robert Mekikyan, Anna Mekikyan, and Tigran Oganesian (collectively, the AWI defendants) were under criminal investigation by the…

Marriage of Deal  
Date: June 21, 2022
Docket Number: A164185

Justia Opinion Summary: Patricia and Thomas married in 1989 and had twins in 1996. A judgment dissolving their marriage was entered in 2002. Thomas began representing himself. In 2005, the court deemed Thomas a vexatious litigant and issued an…

Garcia v. Super. Ct.  
Date: June 21, 2022
Docket Number: B315701

Justia Opinion Summary: Petitioners are truck drivers previously employed by real party in interest Haralambos Beverage Co. (Haralambos). Petitioners' filed a putative wage and hour class action alleging, among other things, that Haralambos…

California v. Basler  
Date: June 21, 2022
Docket Number: D079033

Justia Opinion Summary: After having his first degree murder conviction reduced to second degree murder based on instructional error, defendant-appellant Matthew Basler filed a petition for resentencing under Penal Code section 1170.95.…

City of Coronado v. San Diego Assn. of Governments  
Date: June 20, 2022
Docket Number: D079013

Justia Opinion Summary: The City of Coronado, City of Imperial Beach, City of Lemon Grove, and City of Solana Beach (collectively “the Cities”) filed a combined petition for writ of administrate mandate and complaint for injunctive and…

St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp.  
Date: June 20, 2022
Docket Number: G059967

Justia Opinion Summary: St. Paul Fire and Marine Insurance Company (St. Paul Fire & Marine) and multiple other appellants (collectively, the St. Paul Insurers or sometimes St. Paul) appealed a California trial court’s order staying their…

XPO Logistics Freight, Inc. v. Hayward Property, LLC  
Date: June 17, 2022
Docket Number: A157687

Justia Opinion Summary: In 1979, the property was owned by one entity and divided into four parcels. Before 1997, the county assessor divided the property into three parcels with distinct assessor’s parcel numbers (APNs). In 1997, the owner…

People v. Johnson  
Date: June 17, 2022
Docket Number: A160025

Justia Opinion Summary: Johnson was convicted of multiple offenses arising from a domestic violence incident against his wife in the presence of their daughters, including two separate counts of dissuading a witness by force or threat of force…

Rittiman v. a Public Utilities Commission  
Date: June 17, 2022
Docket Number: A162842

Justia Opinion Summary: Petitioner made Public Records Act (PRA) (Gov. Code 6251) requests seeking “all communications between” California Public Utilities Commission (CPUC) President Batjer and the Governor’s staff, including “all documents,…

Meza v. Pacific Bell Telephone Co.  
Date: June 17, 2022
Docket Number: B317119

Justia Opinion Summary: Plaintiff filed a consolidated class action against his former employer, Pacific Bell Telephone Company ("Employer"). Plaintiff claimed Employer violated California law by failing to provide lawful meal and rest periods…

In re Q.M.
Date: June 16, 2022
Docket Number: B313171
California v. Richardson  
Date: June 16, 2022
Docket Number: E076087

Justia Opinion Summary: Petitioner Ruman Abdul Richardson acted as the getaway driver for a robbery. During the robbery, one of his coparticipants shot the victim. Petitioner was convicted of first degree murder on a felony murder theory. The…

Reznitskiy v. County of Marin  
Date: June 15, 2022
Docket Number: A161813

Justia Opinion Summary: After concluding that the project was not subject to the Housing Accountability Act (HAA) (Gov. Code 65589.5), the county denied the plaintiffs’ application o build a nearly 4,000-square-foot single-family home on a…

City of Los Angeles Department of Airports v. U.S. Specialty Ins. Co.  
Date: June 15, 2022
Docket Number: A162183

Justia Opinion Summary: Russo contracted to build four airport firefighting trucks for the city. The contract provided that Russo would pay the city’s attorney fees in the event of litigation involving the trucks. Under a performance bond,…

People v. Flores  
Date: June 15, 2022
Docket Number: A164257S

Justia Opinion Summary: In 2018, Flores was convicted of a series of crimes, including felony corporal injury of his former girlfriend (Pen. Code 273.5(a). The court sentenced Flores to 224 months in prison, which included the upper term of…

Ratcliff v. Roman Catholic Archbishop of L.A.  
Date: June 15, 2022
Docket Number: B302558A

Justia Opinion Summary: Plaintiffs, seven adults who claimed they were molested by a priest when they were children, brought suit against The Roman Catholic Archbishop of Los Angeles and related parties ("Defendants"). The Plaintiffs' claims…

P. v. Garcia  
Date: June 15, 2022
Docket Number: B310824

Justia Opinion Summary: Defendant was charged with felony counts of sale/transportation/offer to sell a controlled substance (count 1) and possession for sale of a controlled substance (count 2). He pled guilty to count 1, offer to sell…

D.D. v. Pitcher  
Date: June 15, 2022
Docket Number: F080947

Justia Opinion Summary: Plaintiff’s guardian ad litem filed suit against Defendants for damages resulting from personal injuries suffered by Plaintiff in connection with a bicycle accident that occurred at Defendants’ residence when Plaintiff…

People v. Smith  
Date: June 14, 2022
Docket Number: A162551

Justia Opinion Summary: Smith, a single mother, was arrested in connection with the theft of cell phones and an iPad. Police also located a receipt containing the last four digits of a stolen credit card; Smith stated that she had attempted to…

People v. Arreguin  
Date: June 14, 2022
Docket Number: A162718

Justia Opinion Summary: Arreguin pleaded guilty to human trafficking and second-degree robbery in separate cases. The court imposed a term of five years for the human trafficking offense plus a consecutive term of one year for the robbery.…

P. v. Watts  
Date: June 14, 2022
Docket Number: B312913

Justia Opinion Summary: Defendant was charged with attempted carjacking. He requested and was denied, mental health diversion several times. After the last hearing and denial, Defendant pleaded guilty and was sentenced to 18 months in state…

In re Dezi C.  
Date: June 14, 2022
Docket Number: B317935

Justia Opinion Summary: Parents of the two children at issue in a juvenile dependency case repeatedly denied having any American Indian heritage. The social services agency spoke with several of the parents’ relatives but never asked those…

California v. Qualkinbush  
Date: June 14, 2022
Docket Number: D078778

Justia Opinion Summary: Defendant-appellant Cristina Qualkinbush threw a pair of scissors at her 75-year-old mother and then spat on a police officer who detained her following the incident. After the trial court denied Qualkinbush’s motion for…

California v. Bunas  
Date: June 14, 2022
Docket Number: D078819

Justia Opinion Summary: In a previous opinion in this matter involving defendant James Bunas, the Court of Appeal conditionally reversed the judgment and the underlying convictions and remanded the matter to the trial court with directions to…

California v. Zuniga  
Date: June 14, 2022
Docket Number: D079767

Justia Opinion Summary: Defendant-appellant David Zuniga pled no contest to felony hit and run resulting in death or serious bodily injury. In late 2018, the court placed him on formal probation for three years. The terms and conditions of…

Marriage of Aviles & Vulovic
Date: June 14, 2022
Docket Number: E076743M
Bruno v. Hopkins  
Date: June 14, 2022
Docket Number: H044960

Justia Opinion Summary: Lynne filed suit against her mother, individually and as trustee of a family trust, and her sisters (collectively Respondents), alleging that they forged trust instruments purporting to divide her parents’ estate upon…

In re A.B.  
Date: June 14, 2022
Docket Number: H049676

Justia Opinion Summary: Santa Cruz County Human Services Department filed a juvenile dependency petition, Welfare & Institutions Code section 361(c), concerning an 11-year-old girl, then residing with her father. The whereabouts of her mother…

Casillas v. Berkshire Hathaway Homestate Insurance Co.  
Date: June 10, 2022
Docket Number: B302442

Justia Opinion Summary: Appellants alleged that Respondents, Berkshire Hathaway Homestate Insurance Company (Berkshire), Cypress Insurance Company (Cypress), Zenith Insurance Company (Zenith), and others conspired to “hack” a third-party…

Field v. U.S. Bank Nat. Assn.  
Date: June 9, 2022
Docket Number: B309111

Justia Opinion Summary: Plaintiff executed a 2007 note for over a million dollars. She defaulted on her payments and applied for a loan modification in 2017. After a 2018 foreclosure sale, Plaintiff brought a wrongful foreclosure action against…

P. v. Owens
Date: June 9, 2022
Docket Number: B310427M
Silva v. Langford  
Date: June 9, 2022
Docket Number: B312660

Justia Opinion Summary: Plaintiffs appeal from a judgment of dismissal entered as to Defendants State of California, acting by and through the California Highway Patrol (CHP), and CHP Sergeant (together, the CHP defendants), after the trial…

640 Tenth, LP v. Newsom
Date: June 9, 2022
Docket Number: D079339M
A.F. v. Jeffrey F.  
Date: June 9, 2022
Docket Number: D079373

Justia Opinion Summary: Eleven-year-old A.F. sought a domestic violence restraining order (DVRO) against her father, Jeffrey F. (Father), who held joint legal custody with her mother, Andrea F. (Mother). The petition was filed by Mother on…

Marriage of Aviles & Vulovic  
Date: June 9, 2022
Docket Number: E076743

Justia Opinion Summary: In March 2011, when husband Pedro Aviles and wife Jessica Vulovic got married, Jessica’s divorce from a former husband was not yet final. She later testified she was unaware of this; she discovered it only in May 2011,…

In re Sambrano  
Date: June 9, 2022
Docket Number: E078147

Justia Opinion Summary: Petitioner Jesse Sambrano sought to reverse his attempted murder convictions because his jury was given a kill zone instruction that was erroneous under California v. Canizales, 7 Cal.5th 591 (2019). The State conceded…

Davis v. Harano  
Date: June 8, 2022
Docket Number: B306575

Justia Opinion Summary: A trial jury disbelieved Plaintiff’s claim that a 2017 rear-end accident caused him $1.5 million in damages. The jury awarded Plaintiff nothing finding the 2017 accident with Defendant caused Plaintiff no injury.…

Marriage of Elali & Marchoud  
Date: June 8, 2022
Docket Number: E075103

Justia Opinion Summary: While Samir Elali was married to Angeles Elali and lived with her in California, Samir married Mayssa Marchoud in Lebanon. After Samir attempted to terminate the Lebanese marriage, Mayssa filed a petition in California…

People v. Rodriguez  
Date: June 7, 2022
Docket Number: A160994

Justia Opinion Summary: In February 2020, following an argument by text message, Rodriguez drove his vehicle into his girlfriend’s vehicle three times while she was driving. Rodriguez was charged with assault with a deadly weapon (Penal Code…

Lopez v. Escamilla  
Date: June 7, 2022
Docket Number: B316800

Justia Opinion Summary: Plaintiff appealed a summary judgment entered in favor of Defendant in her lawsuit for damages against Defendant based on his alter ego liability for a $157,370 judgment against a corporation. Plaintiff claimed that…

P. v. Accredited Surety and Casualty Co.  
Date: June 7, 2022
Docket Number: F082677A

Justia Opinion Summary: A Surety on a $50,000 bail bond appeals from an order denying its motion to set aside a summary judgment entered on the bond. Surety contends the summary judgment entered on the bail bond is voidable and must be vacated…

Fitzer v. Ernest
Date: June 6, 2022
Docket Number: B308484M
California v. Soto  
Date: June 6, 2022
Docket Number: C092015

Justia Opinion Summary: During a traffic stop in September 2009, police searched defendant Manual Soto and found 29.9 grams of methamphetamine in his breast pocket. According to the officer who arrested him, defendant stated he was to receive…

Doe v. Lee  
Date: June 6, 2022
Docket Number: C092065

Justia Opinion Summary: Appellant Andrew Kam Lee argued that a punitive damages award equal to the value of his alleged interest in real property held by an LLC of which he was once a member was excessive under California law and not supported…

D.Z. v. L.B.  
Date: June 6, 2022
Docket Number: C093008

Justia Opinion Summary: D.Z. and T.Z. moved to Cool, California in February 2018. The Z.s’ property shared a property line with L.B. and M.S.’s property. According to D.Z., L.B. has “relentlessly stalked and harassed” the Z.s since the Z.s…

P. v. Maplebear Inc.
Date: June 6, 2022
Docket Number: D079209M
Filtzer v. Ernest  
Date: June 3, 2022
Docket Number: B308484

Justia Opinion Summary: Plaintiff appealed from a Minute Order and Order on Motion for Entry of Stipulated Judgment. Plaintiff sued Defendants for breach of contract based upon Defendant’s failure to repay a promissory note. The parties then…

Dept. of Water Resources Environmental Impact Cases  
Date: June 3, 2022
Docket Number: C091771

Justia Opinion Summary: Plaintiffs in this coordinated proceeding appealed postdismissal orders denying their motions for attorney fees under Code of Civil Procedure section 1021.5. In 2017, plaintiffs filed petitions against defendant…

In re Dohner  
Date: June 3, 2022
Docket Number: E072797

Justia Opinion Summary: Plaintiffs-appellants Alan Dohner and William Gerber were, when their lawsuits were filed, general population inmates living in dormitory housing at Chuckawalla Valley State Prison (CVSP). They claimed they had the right…

Nazir v. Super. Ct.  
Date: June 2, 2022
Docket Number: B310806

Justia Opinion Summary: Petitioner argued the trial court abused its discretion in refusing to dismiss under section 1385 certain firearm enhancements the People alleged against him. Nazir and the People argued the trial court should have…

The Association of Deputy District Attorneys etc. v. Gascon  
Date: June 2, 2022
Docket Number: B310845

Justia Opinion Summary: On appeal, the district attorney argued that The Association of Deputy District Attorneys for Los Angeles County (“ADDA”) lacks standing to seek mandamus relief on behalf of its members and that he does not have a…

Marriage of Nakamoto and Hsu  
Date: June 2, 2022
Docket Number: G059108

Justia Opinion Summary: Daniel Hsu (Daniel) asked the Court of Appeal to reverse the trial court’s decision denying him need-based attorney fees under California Family Code section 2030. This case was a marriage dissolution proceeding between…

Jane Doe No. 1 v. Uber Technologies, Inc.  
Date: June 1, 2022
Docket Number: B310131

Justia Opinion Summary: The instant appeal is from a judgment of dismissal following a successful demurrer by respondents Uber Technologies, Inc., Rasier-CA, LLC, and Rasier, LLC (collectively, the Uber entities) to a complaint filed against…

City of Oakland v. Dept. of Finance
Date: June 1, 2022
Docket Number: C090832
Vatalaro v. County of Sacramento  
Date: June 1, 2022
Docket Number: C090896

Justia Opinion Summary: After being terminated from a position with Sacramento County (the County), plaintiff-appellant Cynthia Vatalaro sued the County for unlawful retaliation under Labor Code section 1102.5. Vatalaro alleged that, in…

Committee for Sound Water & Land Development v. City of Seaside  
Date: June 1, 2022
Docket Number: H049031

Justia Opinion Summary: In 2017, Bakewell submitted applications regarding its proposed development of "Campus Town," on approximately 122 acres of the former Fort Ord military base. The City of Seaside certified an environmental impact report…

San Luis Obispo Local etc. v. Central Coast etc.
Date: May 31, 2022
Docket Number: B304144M
Welch v. Welch  
Date: May 31, 2022
Docket Number: B311507

Justia Opinion Summary: Plaintiffs appealed a probate court’s order denying Plaintiffs' Petition for Recovery of Property under Probate Code section 850 and sustaining objections thereto by Defendant; denying Plaintiff’s Petition for Letters of…

Dow v. Lassen Irrigation Company  
Date: May 31, 2022
Docket Number: C091965A

Justia Opinion Summary: Lassen Irrigation Company (Irrigation Company) challenged the superior court’s orders interpreting paragraphs1 17 and 55 of the 1940 Susan River Water Rights Decree (decree). The superior court adopted the trust’s…

Almond Alliance of Cal. v. Fish and Game Com.  
Date: May 31, 2022
Docket Number: C093542

Justia Opinion Summary: In October 2018, several public interest groups petitioned the California Fish and Game Commission to list four species of bumble bee as endangered species: the Crotch bumble bee, the Franklin bumble bee, the Suckley…

In re Allison B.  
Date: May 27, 2022
Docket Number: B315698

Justia Opinion Summary: Defendant appealed after a court terminated her parental rights pertaining to three of her five children. On appeal, Defendant claimed that the Department of Children and Family Services ("DCFS") failed to comply with…

Community Action Agency of Butte County v. Super. Ct.  
Date: May 27, 2022
Docket Number: C093020

Justia Opinion Summary: The issue presented for the Court of Appeal's review in this case centered on whether petitioner, The Community Action Agency of Butte County (CAA), had to produce its business records pursuant to the California Public…

2009 Metropoulos Family Trust v. California Franchise Tax Board  
Date: May 27, 2022
Docket Number: D078790

Justia Opinion Summary: Plaintiffs-appellants The 2009 Metropoulos Family Trust, The Evan D. Metropoulos 2009 Trust, and the trusts’ trustee, the J.P. Morgan Trust Company of Delaware (the trustee), appealed the grant of summary judgment…

P. v. Cruz-Partida
Date: May 26, 2022
Docket Number: A160334M
Young v. Superior Court of Solano County  
Date: May 26, 2022
Docket Number: A162850

Justia Opinion Summary: Under the 2020 Racial Justice Act, “[t]he state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin” (Pen. Code 745 (a)). The Act's…

Kline v. Zimmer, Inc.  
Date: May 26, 2022
Docket Number: B302544

Justia Opinion Summary: Plaintiff filed a product liability lawsuit against the manufacturer of a device used in his hip replacement surgery. After a limited retrial of Plaintiff’s personal injury claims, Defendant asserted that the trial court…

P. v. Murphy  
Date: May 26, 2022
Docket Number: B306773

Justia Opinion Summary: Defendant appealed the judgment entered on his three convictions for second-degree murder. Defendant argued the evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with…

Daniel C. v. White Memorial Medical Center  
Date: May 26, 2022
Docket Number: B308253

Justia Opinion Summary: Appellant, a severely disabled child whose congenital abnormalities were undetected during his mother’s pregnancy, sued various medical providers for wrongful life. The California Department of Health Care Services…

City of San Buenaventura v. United Water Conservation Dist.  
Date: May 26, 2022
Docket Number: B312471

Justia Opinion Summary: United Water Conservation District (“District”) manages the groundwater resources in Ventura County. City of San Buenaventura (“City)” pumps groundwater from the District’s territory and sells it to residential and…

P. v. Murphy
Date: May 25, 2022
Docket Number: B306773
In re M.E.  
Date: May 25, 2022
Docket Number: C094587

Justia Opinion Summary: C.M., mother of four minors (mother), appealed juvenile court’s orders terminating parental rights and freeing the minors for adoption. Her sole contention on appeal was that the Placer County Department of Health and…

People v. Ramirez  
Date: May 25, 2022
Docket Number: H047847

Justia Opinion Summary: Ramirez was convicted of first-degree murder (Pen. Code 187(a)) and the jury found true allegations that he committed the offense in association with a criminal street gang (186.22(b)(1)) and personally used a firearm…

People v. Jones  
Date: May 24, 2022
Docket Number: A160328

Justia Opinion Summary: Based on a 2013 shooting, Jones was convicted of attempted murder and related charges and enhancements and was sentenced to 59 years in prison. The court of appeal upheld his convictions, first rejecting a due process…

P. v. Whitson  
Date: May 24, 2022
Docket Number: B305714A

Justia Opinion Summary: Following a drive-by shooting, Defendant was convicted of first-degree murder, three counts of attempted murder, and conspiracy to commit murder. In Defendant's initial resentencing petition, he sought relief under SB…

P. v. Henderson
Date: May 24, 2022
Docket Number: C088883M
San Bernardino City Unif. School Dist. v. State Allocation Bd.  
Date: May 24, 2022
Docket Number: C092003

Justia Opinion Summary: The State of California gave the San Bernardino City Unified School District (District) hardship funding to build a school. The State demanded that the District return funds the District did not use for the project (the…

In re Z.O.  
Date: May 24, 2022
Docket Number: G060663

Justia Opinion Summary: C.O. (mother) appealed a court order terminating her parental rights to her daughter Z.O. The juvenile court appointed a guardian ad litem (GAL) for mother without providing grounds or explanation in the record, as it…

P. v. Perez  
Date: May 23, 2022
Docket Number: B300396M

Justia Opinion Summary: Three men ("Defendants") were involved in a fistfight. During the fracas, one of the Defendants ("the Shooter") retrieved a gun. The Shooter missed his intended target, but several passing vehicles, including a young…

Trinity v. Life Ins. Co. of North America  
Date: May 23, 2022
Docket Number: B312302

Justia Opinion Summary: Plaintiff sued her employer, Life Insurance Company of North America, and several related individuals (collectively, Employer) for discrimination, harassment and wrongful termination. In response, Employer moved to…

Casey v. Hill
Date: May 23, 2022
Docket Number: D079221
Casey v. Hill  
Date: May 23, 2022
Docket Number: D079221

Justia Opinion Summary: A husband and wife, both residents of Missouri, filed a lawsuit in Missouri state court against a California resident and California corporation for making deceptive and fraudulent representations to the couple in the…

Myers v. Super. Ct.  
Date: May 23, 2022
Docket Number: F083570

Justia Opinion Summary: In 2001, Petitioner entered a guilty plea to annoying or molesting a child under 18 years of age. Subsequently, Petitioner was diagnosed with bipolar disorder and pedophilic disorder and involuntarily committed under the…

Islas v. Superior Court of Santa Clara County  
Date: May 20, 2022
Docket Number: H049445

Justia Opinion Summary: Islas, charged with misdemeanor DUI (Veh. Code 23152(a) and (b)), moved for pretrial diversion under Penal Code section 1001.95, which gives judges discretion to offer diversion to misdemeanor defendants. The trial court…

L.A. Police Protective League v. City of L.A.  
Date: May 19, 2022
Docket Number: B306321

Justia Opinion Summary: In 2017 the Police Protective League (“PPL”)—an employee organization that represents peace officers employed by the City—filed an action against the City and its Chief of Police (collectively “the City”), seeking a…

Cardenas v. Horizon Senior Living  
Date: May 19, 2022
Docket Number: B312091

Justia Opinion Summary: Plaintiffs, heirs of a nursing home resident who died after wandering off-site and getting hit by a car, filed a lawsuit against the nursing facility, its director, and its manager, alleging negligence, willful…

Divino Plastic Surgery v. Super. Ct.
Date: May 19, 2022
Docket Number: D079661M
P. v. Lopez
Date: May 19, 2022
Docket Number: G060261M
Padilla v. City of San Jose  
Date: May 19, 2022
Docket Number: H046132

Justia Opinion Summary: Plaintiffs filed a putative class action against San Jose and the County of Santa Clara, seeking to recover millions of dollars in garbage collection charges paid by plaintiffs and a class of similarly situated property…

County of Santa Clara v. Super. Ct.
Date: May 19, 2022
Docket Number: H048486M
People v. Miller  
Date: May 18, 2022
Docket Number: A161601

Justia Opinion Summary: Sara, an elderly woman, owned the property and resided there with her husband, who has dementia. San Mateo County informed Sara that she owed taxes and faced foreclosure. Miller, a real estate salesperson, contacted Sara…

Canyon Vineyard Estates I v. DeJoria  
Date: May 18, 2022
Docket Number: B307176

Justia Opinion Summary: Canyon Vineyard Estates I, LLC (CVE) appealed from a grant of summary judgment in favor of Mountains Restoration Trust (MRT), John Paul DeJoria, the County of Los Angeles, and the California State Attorney General. CVE…

P. v. Owens  
Date: May 18, 2022
Docket Number: B310427

Justia Opinion Summary: Defendant appealed from the trial court’s denial of his petition for resentencing following an evidentiary hearing. He contended there was insufficient evidence he acted with reckless indifference to human life when he…

California v. Maplebear Inc.  
Date: May 18, 2022
Docket Number: D079209

Justia Opinion Summary: The San Diego City Attorney brought an enforcement action under the California Unfair Competition Law, Business and Professions Code sections 17200, et seq. (UCL), on behalf of the People of California against Maplebear…

Hassaine v. Club Demonstration Services
Date: May 18, 2022
Docket Number: D079396M
Soleimany v. Narimanzadeh  
Date: May 17, 2022
Docket Number: B304644

Justia Opinion Summary: In 2009, Defendant borrowed $350,000 from a husband and wife (“Plaintiff” and “Co-Plaintiff”). The loan was documented by a promissory note which was secured by a deed of trust on real property belonging to Defendant. In…

Elias v. Super. Ct.  
Date: May 17, 2022
Docket Number: D079425

Justia Opinion Summary: Petitioner Ruben Elias was awaiting trial on charges arising from several alleged incidents of domestic violence that occurred in March and April 2020, during the early months of the COVID-19 pandemic. In early March…

In re M.V.  
Date: May 17, 2022
Docket Number: D079473

Justia Opinion Summary: After declaring them dependents of the court, a California juvenile court removed M.V. and I.V. (together, Children) from the physical custody of their parents, J.V. (Father) and M.Z. (Mother), and placed them with a…

P. v. Financial Casualty & Surety, Inc.  
Date: May 16, 2022
Docket Number: B309234

Justia Opinion Summary: Financial Casualty & Surety, Inc. ("Surety") provided a $100,000 bail bond for a criminal defendant who failed to appear in court as required. The court declared a forfeiture of the bond under Penal Code section 13051…

Simonyan v. Nationwide Ins. Co. of America  
Date: May 16, 2022
Docket Number: C091100

Justia Opinion Summary: Plaintiff-appellant Nshan Simonyan had a dispute with his insurer, Nationwide Insurance Company of America ("Nationwide") over the company's handling of his defense arising out of a three-car accident in which Simonyan…

P. v. Ramos
Date: May 16, 2022
Docket Number: F080916M
California v. Watkins  
Date: May 16, 2022
Docket Number: G059966

Justia Opinion Summary: Respondent Michael Watkins, Jr., and a codefendant were charged with second degree robbery and two counts of identity theft based on purchases they allegedly made at a Best Buy store in Los Angeles County. At Watkins’s…

Hassett v. Olson  
Date: May 13, 2022
Docket Number: C092212

Justia Opinion Summary: Defendants Patricia G. Olson and Jimmy Dastur appealed a court order disqualifying Steven Bailey, a former El Dorado County Superior Court judge, from representing them in this lawsuit filed by plaintiff Robert Hassett.…

640 Tenth, LP v. Newsom  
Date: May 13, 2022
Docket Number: D079339

Justia Opinion Summary: This putative class action against California and San Diego County officials challenged California Governor Gavin Newsom’s emergency orders and related public health directives restricting business operations during the…

Kim v. TWA Construction, Inc.  
Date: May 13, 2022
Docket Number: H045900

Justia Opinion Summary: The owners purchased the property in a wooded area of Los Gatos to build a home. They sought to remove some trees, including a large eucalyptus tree that straddled the property line, not realizing that the eucalyptus was…

Tiburon Open Space Committee v. County of Marin  
Date: May 12, 2022
Docket Number: A159860

Justia Opinion Summary: Martha owns the largest undeveloped parcel of property in the vicinity of Tiburon, 110 acres on top of a mountain, overlooking much of the town and commanding a stunning view of San Francisco Bay. For decades, Martha has…

Sky Posters Inc. v. Dept. of Transportation
Date: May 12, 2022
Docket Number: B304897M
We Advocate Through etc. v. County of Siskiyou  
Date: May 12, 2022
Docket Number: C090840

Justia Opinion Summary: Crystal Geyser Water Company bought a closed water bottling facility and sought to revive it. Both the County and the City ultimately granted the necessary permits. This appeal concerned one of two lawsuits challenging…

California v. Nance  
Date: May 12, 2022
Docket Number: C093044

Justia Opinion Summary: In 2011, defendant Jeremy Nance was found not guilty by reason of insanity of sexual battery and committed to Atascadero State Hospital. Defendant’s term of commitment has been extended several times under Penal Code…

Hebert v. Barnes & Noble, Inc.  
Date: May 12, 2022
Docket Number: D079038

Justia Opinion Summary: Vicki Hebert filed a putative class action against Barnes & Noble, Inc. (Barnes & Noble), alleging it willfully violated the Fair Credit Reporting Act (FCRA). According to Hebert, Barnes & Noble willfully violated the…

California v. Fuentes  
Date: May 12, 2022
Docket Number: E075745

Justia Opinion Summary: Defendant-appellant Rodrigo Fuentes, Jr. was convicted by jury of two crimes: (1) fleeing a police officer while driving with a willful or wanton disregard for the safety of persons or property (wanton disregard while…

Pacific Fertility Cases  
Date: May 11, 2022
Docket Number: A164472

Justia Opinion Summary: A cryogenic storage tank, manufactured by Chart and used by PFC, a San Francisco fertility clinic, to store patients’ reproductive material, experienced a failure. A putative class action was filed in federal court…

Sky Posters Inc. v. Dept. of Transportation  
Date: May 11, 2022
Docket Number: B304897

Justia Opinion Summary: Sky Posters, Inc. appealed from a judgment entered after the trial court denied in part its petition for writ of administrative mandate.   The California Department of Transportation (“Caltrans”) issued notices to…

California v. Henderson  
Date: May 11, 2022
Docket Number: C088883A

Justia Opinion Summary: Defendant Kejhonne Henderson shot and killed J.P. at a house party in the North Highlands neighborhood of Sacramento. Defendant wounded another. A jury found defendant guilty of one count of second degree murder, and one…

We Advocate Through Environmental Review v. City of Mt. Shasta  
Date: May 11, 2022
Docket Number: C091012

Justia Opinion Summary: Crystal Geyser Water Company bought a closed water bottling facility and sought to revive it. Both the County and the City ultimately granted the necessary permits. This appeal concerned one of two lawsuits challenging…

Bowser v. Ford Motor Company  
Date: May 11, 2022
Docket Number: E073609

Justia Opinion Summary: Ralph and Heidi Bowser bought a 2006 Ford F-250 Super Duty truck, with a 6.0-liter diesel engine (6.0L engine). They had owned a 2004 model of the same truck; that turned out to be a lemon. The dealership, however,…

P. v. Pineda  
Date: May 10, 2022
Docket Number: B304140

Justia Opinion Summary: At issue in this habeas corpus petition is the applicability of Defendant's Sec 12022.53 firearm enhancement and the trial judge's discretion in striking the enhancement. Defendant appealed, claiming the trial judge…

Quach v. Cal. Commerce Club  
Date: May 10, 2022
Docket Number: B310458

Justia Opinion Summary: Plaintiff was a floor supervisor at the Defendant hotel and casino. In 2015, Defendant required all employees to sign a new arbitration policy as a condition of employment. Plaintiff signed the new policy. The following…

Williams v. National Western Life Insurance Co.  
Date: May 10, 2022
Docket Number: C090436B

Justia Opinion Summary: National Western Life Insurance Company (NWL) appealed after a jury found the company liable for negligence and elder abuse arising from an NWL annuity sold to plaintiff-appellant Barney Williams by Victor Pantaleoni. In…

California v. Lopez  
Date: May 10, 2022
Docket Number: D078841

Justia Opinion Summary: Defendant Fernando Lopez was convicted by jury of premeditated attempted murder, assault with a semiautomatic firearm, and being a felon in possession of a firearm. In challenging his convictions, Lopez raises two…

California v. Forester  
Date: May 10, 2022
Docket Number: D078912

Justia Opinion Summary: Defendant Mark Forester pled guilty to one count felony stalking, and was found guilty of five counts of disobeying a domestic violence restraining order. The trial court suspended imposition of sentence and placed…

Bullock v. City of Antioch  
Date: May 6, 2022
Docket Number: A161029

Justia Opinion Summary: Seventeen retired city employees who receive retiree health benefits through CalPERS under the city’s Medical After Retirement (MAR) plan filed suit. Five were union members before their retirement. The memorandums of…

P. v. Delgado  
Date: May 6, 2022
Docket Number: B309947

Justia Opinion Summary: Defendant was a known gang member. While police officers were surveying Defendant's home, they observed what they believed to be a narcotics transition as Defendant handed an unknown package to the occupants of a…

Amato v. Downs  
Date: May 6, 2022
Docket Number: E075421

Justia Opinion Summary: Plaintiff-appellant Joseph Amato sold a house at a price that he contended was much less than the property was worth. He sued the broker who listed the property for him, defendant-respondent Steve Downs, as well as the…

Morris v. JPMorgan Chase Bank N.A.  
Date: May 5, 2022
Docket Number: A155027

Justia Opinion Summary: In 2008, Morris defaulted on her home mortgage. After negotiating a loan modification, she again defaulted in 2009. Morris and her husband, Mazhari, then filed two bankruptcy proceedings. Mazhari died while the second…

Sirott v. Superior Court of Contra Costa County  
Date: May 5, 2022
Docket Number: A164037

Justia Opinion Summary: EBO filed suit after unsuccessfully seeking to lease a space in a building owned by the Taylor LLC, including derivative claims brought by EBO on behalf of Taylor, alleging that the denial of the lease caused Taylor to…

San Luis Obispo Local etc. v. Central Coast etc.  
Date: May 5, 2022
Docket Number: B304144A

Justia Opinion Summary: Central Coast Development Company (“Central Coast”) owns a parcel of property within the City of Pismo Beach (“City”). The City approved Central Coast's application for a development permit. The City and Central Coast…

Bergstrom v. Zions Bancorporation  
Date: May 5, 2022
Docket Number: B309154

Justia Opinion Summary: A judgment creditor seeking to seize funds in bank accounts held by the judgment debtor’s spouse served a notice of levy on the bank’s agent for service of process. The agent misread the form and rejected it. The agent…

Romero v. Shih  
Date: May 5, 2022
Docket Number: B310069

Justia Opinion Summary: After a bench trial, the trial court resolved a property line dispute between two neighbors by creating an easement in favor of Respondents, the encroaching property owners. It granted Respondents an exclusive implied…

Ghukasian v. Aegis Security Ins. Co.  
Date: May 5, 2022
Docket Number: B311310

Justia Opinion Summary: Plaintiff sued Aegis Security Insurance Company (Aegis) for breach of contract, insurance bad faith, and declaratory relief after Aegis denied her tender of a lawsuit brought against her by her neighbors. The underlying…

California v. Parra Martinez  
Date: May 5, 2022
Docket Number: E076734

Justia Opinion Summary: Defendant-appellant Christopher Parra Martinez appealed a Superior Court’s decision not to strike two personal firearm use enhancements imposed pursuant to California Penal Code sections 12022.5 and 12022.53. The firearm…

Shaw v. Superior Court of Contra Costa County  
Date: May 4, 2022
Docket Number: A163263

Justia Opinion Summary: Plaintiffs claimed that BevMo's policy, requiring the presence of two persons in any store while open, regularly requires employees to forgo off-duty, uninterrupted meal and rest periods, or, alternatively, premium pay…

Fettig v. Hilton Garden Inns Management LLC  
Date: May 4, 2022
Docket Number: B307348

Justia Opinion Summary: Plaintiff filed a personal injury lawsuit against a Hilton hotel after she was allegedly hit by a shuttle operated by Hilton. Although Hilton denied liability, mid-trial the parties settled for $85,000. The trial court…

Doe v. Anderson Union High School Dist.  
Date: May 4, 2022
Docket Number: C093099

Justia Opinion Summary: Daniel Schafer, a teacher at a high school in the Anderson Union High School District (District), had a sexual relationship on school premises with one of his students, plaintiff Jane Doe. Doe sued the District,…

Estate of Eskra  
Date: May 3, 2022
Docket Number: A162671

Justia Opinion Summary: Brandy filed a probate petition seeking to be appointed the personal representative of her late husband’s (Scott) estate. The trial court denied her petition based on a premarital agreement that waived Brandy’s interests…

P. v. Perez  
Date: May 2, 2022
Docket Number: B300396

Justia Opinion Summary: Three men ("Defendants") were involved in a fistfight. During the fracas, one of the Defendants ("the Shooter") retrieved a gun. The Shooter missed his intended target, but several passing vehicles, including a young…

AIDS Healthcare Foundation v. City of L.A.  
Date: May 2, 2022
Docket Number: B309892

Justia Opinion Summary: AIDS Healthcare Foundation and Coalition to Preserve LA (CPLA) (collectively, “Plaintiffs”) filed a petition for writ of mandate in the superior court challenging the approval by the City of Los Angeles (the “City”) of a…

In re A.R.  
Date: May 2, 2022
Docket Number: B312476

Justia Opinion Summary: Defendant appealed the juvenile court’s April 13, 2021 order awarding restitution. He contended the juvenile court lacked authority to hold a restitution hearing five years after his sentencing hearing, and the delay was…

People v. Yang  
Date: April 29, 2022
Docket Number: A162703

Justia Opinion Summary: Yang was charged after he struck his father in the head with a flashlight and kicked a juvenile down the stairs. On April 9, 2018, the trial court suspended proceedings, finding Yang incompetent to stand trial, and…

People v. Padilla-Martel  
Date: April 29, 2022
Docket Number: A162872

Justia Opinion Summary: San Francisco brought civil actions, alleging the defendants are street-level drug dealers whose drug-dealing activities in the Tenderloin neighborhood create a public nuisance (Civ. Code, 3479, 3480) and violate the…

Leshane v. Tracy VW, Inc.  
Date: April 29, 2022
Docket Number: C093881

Justia Opinion Summary: Plaintiffs Nicole Leshane, Steve Garner, Justin Prasad, Isaac Saldana, and Maurice West sued defendants Tracy VW, Inc. and RJ Gill Ventures, Inc. alleging several Labor Code violations. Plaintiffs brought suit on behalf…

California v. Delgado  
Date: April 29, 2022
Docket Number: G059650

Justia Opinion Summary: The issue presented by this appeal was whether youthful offenders who are statutorily ineligible for early parole consideration were nevertheless entitled to a "Franklin" proceeding to preserve evidence for their…

California v. Whitmore  
Date: April 29, 2022
Docket Number: G059779

Justia Opinion Summary: Defendant-appellant Christopher Whitmore was convicted by jury of rape, false imprisonment, and other crimes. After trial, Whitmore made a motion under California v. Marsden, 2 Cal.3d 118 (1970) to replace his appointed…

People v. Cruz-Partida  
Date: April 28, 2022
Docket Number: A160334

Justia Opinion Summary: Cruz-Partida was charged with the murder of Nicholas G.; the attempted murder of Steven G. (Nicholas’s brother); felony assault of Steven G. with a semiautomatic firearm; and felony assault of Steven G. and/or Nicholas…

Wong v. Restoration Robotics, Inc.  
Date: April 28, 2022
Docket Number: A161489

Justia Opinion Summary: The value of shares of stock in Restoration Robotics, a Delaware corporation, dropped within months of the company’s 2017 initial public stock offering. Wong, having purchased the stock, sued Restoration in San Mateo…

People v. Anderson  
Date: April 28, 2022
Docket Number: A162633

Justia Opinion Summary: In 1979, Anderson was tried for the murders and robberies of the Ranzos, for burglarizing their home, and for the separate robbery of Luna. With respect to the Ranzos, the jury convicted Anderson of two counts of…

Wing v. Chico Healthcare & Wellness Centre  
Date: April 28, 2022
Docket Number: B310232

Justia Opinion Summary: As a condition of Plaintiff’s employment, she agreed to be bound by Defendant’s Alternative Dispute Resolution Policy (“ADR Policy”), which provided that “final and binding arbitration” would be the exclusive means for…

California v. Lopez  
Date: April 28, 2022
Docket Number: G060261

Justia Opinion Summary: Defendant-appellant Jaime Lopez was convicted by jury of the first degree murder of Reginold Harry. The jury found true a special circumstance allegation that the murder occurred during the commission of a robbery. The…

Grove v. Juul Labs, Inc.  
Date: April 27, 2022
Docket Number: A162276

Justia Opinion Summary: Grove, an employee of Juul, a Delaware corporation that was headquartered in San Francisco, received options to acquire company stock. Grove stopped working for Juul in 2017, then exercised those options. In 2019, Grove…

Swallow v. Cal. Gambling Control Commission  
Date: April 27, 2022
Docket Number: C089329

Justia Opinion Summary: After a hearing, the California Gambling Control Commission (Commission) revoked and refused to renew the gambling license of cross-appellant Eric Swallow. The Commission also imposed a monetary penalty and costs against…

California v. Weisner  
Date: April 27, 2022
Docket Number: C095039

Justia Opinion Summary: Defendant Frankie Weisner pleaded no contest to second degree robbery and grand theft, and admitted he personally used a firearm in the robbery. After his initial appeal was denied as untimely, defendant sought to reduce…

P. v. Johnson & Johnson
Date: April 27, 2022
Docket Number: D077945M
County of San Bernardino v. Super. Ct.  
Date: April 27, 2022
Docket Number: E077884

Justia Opinion Summary: This action stemmed from the San Bernardino County registrar of voters (ROV) initially miscalculating the number of signatures needed in support of plaintiffs and real parties in interest’s (RPI) initiative petition to…

P. v. Ramos  
Date: April 27, 2022
Docket Number: F080916

Justia Opinion Summary: Defendant challenged his conviction for shooting at an occupied motor vehicle and the related firearm and gang enhancements. He argued that the Superior Court prejudicially erred in admitting evidence related to an…

People v. Czirban  
Date: April 27, 2022
Docket Number: H048989

Justia Opinion Summary: In July 2016, Reagan was killed while he was operating Czirban’s bulldozer in aid of the California Department of Forestry and Fire Protection at a Monterey County wildfire. An investigation revealed that Czirban did not…

Gajanan, Inc. v. City and County of S.F.
Date: April 26, 2022
Docket Number: A160539M
Samantha B. v. Aurora Vista Del Mar
Date: April 26, 2022
Docket Number: B302321M
Foxcroft Productions v. Universal City Studios
Date: April 26, 2022
Docket Number: B303161M
State of Cal. v. Super. Ct.  
Date: April 26, 2022
Docket Number: B315611

Justia Opinion Summary: Petitioner State of California (the “State”) is a defendant in an action in which Plaintiffs sought damages for wrongful death and personal injuries suffered in an automobile collision. The superior court ordered the…

Dameron Hospital Assn. v. AAA Northern Cal., Nevada etc.  
Date: April 26, 2022
Docket Number: C086518A

Justia Opinion Summary: Appellant Dameron Hospital Association (Dameron) required patients or their family members sign Conditions of Admissions (COAs) when Dameron provides the patients’ medical care. The COAs at issue here contained language…

California ex rel. City of San Diego v. Experian Data Corp.  
Date: April 26, 2022
Docket Number: G060360

Justia Opinion Summary: The City of San Diego (the City) sued Experian Data Corp. (Experian) on behalf of the State of California for violating the Unfair Competition Law (UCL). The City hired three private law firms to represent it in the…

County of Santa Clara v. Superior Court  
Date: April 26, 2022
Docket Number: H048486

Justia Opinion Summary: Hospitals provided emergency medical services to members of the county’s health plan, which is licensed and regulated by the state Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act,…

Hahn v. New York Air Brake LLC  
Date: April 25, 2022
Docket Number: A161199

Justia Opinion Summary: In 2015, Hahn filed suit, alleging that his mesothelioma was caused by exposure to asbestos at his job with the San Francisco Municipal Transportation Agency. During a deposition, the Agency's representative testified…

Lincoln v. Lopez  
Date: April 25, 2022
Docket Number: A162529

Justia Opinion Summary: The November 2020 election included three seats on the five-member East Palo Alto City Council. Seven candidates ran. Lopez came in third, with Lincoln fourth. Lincoln filed a 14-page statement of contest, alleging Lopez…

Miraskandari v. Edwards Wildman Palmer LLP
Date: April 25, 2022
Docket Number: B301785M
Autonomous Region of Narcotics Anon v. Narcotics Anon World Svcs  
Date: April 25, 2022
Docket Number: B309376

Justia Opinion Summary: A charitable trust controls the intellectual property of Narcotics Anonymous. This trust is revocable. A group called the Autonomous Region of Narcotics Anonymous alleged the trustee breached its fiduciary duties.…

P. v. Estrada  
Date: April 25, 2022
Docket Number: B311019

Justia Opinion Summary: Petitioner was convicted of first-degree murder in 2010. The jury also found that Petitioner committed the offense within the meaning of the gang enhancement (Cal. Penal Code Sec. 186.22(b)(1)(C)). However, the jury…

P. v. Serrano  
Date: April 25, 2022
Docket Number: F080692

Justia Opinion Summary: Defendant was charged with the following counts: 1.) dissuasion of a victim by threat of force, 2.) criminal threats, 3.) assault with a deadly weapon, and 4.) infliction of corporal injury resulting in a traumatic…

Peope v. Birdsall  
Date: April 22, 2022
Docket Number: A159555

Justia Opinion Summary: In 2012, Birdsall (age 16) and Nicosia murdered Latiolais in her home and stole a car, guns, jewelry, and marijuana. Birdsall had a distant family relationship with the victim and had done work at her home. Birdsall and…

Gajanan v. City and County of San Francisco  
Date: April 22, 2022
Docket Number: A160539

Justia Opinion Summary: The owners and operators of six boutique hotels sued San Francisco, seeking refunds of about $1.7 million in penalties that had been assessed for failure to timely file returns and pay certain hotel taxes. The plaintiffs…

Aronow v. Superior Court
Date: April 22, 2022
Docket Number: A162662M
United Talent Agency v. Vigilant Insurance Co.  
Date: April 22, 2022
Docket Number: B314242

Justia Opinion Summary: United Talent Agency (UTA) purchased business insurance policies through two insurance companies. UTA filed suit against both companies after they denied property insurance coverage for economic losses related to the…

Clark Bros., Inc. v. North Edwards Water District  
Date: April 22, 2022
Docket Number: D077200

Justia Opinion Summary: Drinking water provided by North Edwards Water District (North Edwards) to its customers contained three times the legal limit of arsenic. Using funds earmarked for safe drinking water, the State of California (State)…

Hassaine v. Club Demonstration Services, Inc.  
Date: April 22, 2022
Docket Number: D079396

Justia Opinion Summary: While shopping at the Carmel Mountain Ranch location of Costco in San Diego, plaintiff Lilyan Hassaine slipped and fell on a slippery substance that she believed was liquid soap. Claiming serious injuries from the fall,…

Divino Plastic Surgery, Inc. v. Superior Court  
Date: April 22, 2022
Docket Number: D079661

Justia Opinion Summary: A surgeon and his clinic sought a writ from the Court of Appeal directing the trial court to vacate its order allowing the survivors of a patient who died from a surgical procedure to amend their complaint to assert a…

Musso & Frank Grill v. Mitsui Sumitomo Ins. USA  
Date: April 21, 2022
Docket Number: B310499

Justia Opinion Summary: Plaintiff, a Hollywood restaurant, maintained a business interruption insurance policy through Defendant.  In response to COVID-19, the Governor, Mayor of Los Angeles, and several public health agencies ordered Plaintiff…

California v. McDavid  
Date: April 21, 2022
Docket Number: D078919

Justia Opinion Summary: Defendant Weldon McDavid, Jr. appealed his resentencing after the Court of Appeal remanded this matter following his original appeal in California v. Lovejoy et al. (July 28, 2020, D073477), a nonpublished opinion…

In re H.N.
Date: April 20, 2022
Docket Number: B313698M
Certain Underwriters at Lloyd's London. v. Conagra Grocery Products Co.  
Date: April 19, 2022
Docket Number: A160548

Justia Opinion Summary: In 2000, governmental entities filed a class action against lead paint manufacturers. Following remand, the plaintiffs filed an amended complaint alleging representative public nuisance on behalf of the People, claiming…

Ross v. Super. Ct.  
Date: April 19, 2022
Docket Number: D079278

Justia Opinion Summary: Christopher Ross, a former prosecutor with the Riverside County District Attorney’s office (DA’s Office), sued the County of Riverside for whistleblower retaliation and disability discrimination after the DA’s Office…

Nelson v. Dual Diagnosis Treatment Center  
Date: April 19, 2022
Docket Number: G059565

Justia Opinion Summary: Dual Diagnosis Treatment Center, Inc., d/b/a Sovereign Health of San Clemente, and its owner, Tonmoy Sharma, (collectively Sovereign) appealed the trial court's denial of Sovereign's motion to compel arbitration of…

Rose v. County of San Benito  
Date: April 19, 2022
Docket Number: H048681

Justia Opinion Summary: For more than two decades, San Benito County provided health insurance benefits for its employees under the Public Employees’ Medical Hospital Care Act (PEMHCA), which requires a participating county to pay retiree…

P. v. King  
Date: April 18, 2022
Docket Number: B315265

Justia Opinion Summary: Defendant was sentenced to a determinate term in state prison on four counts of forcible rape, which included a six-year middle term on count 3, forcible rape in concert. The trial court denied Defendant’s motion to…

California v. Glukhoy  
Date: April 18, 2022
Docket Number: C084169

Justia Opinion Summary: Twin brothers, Roman and Ruslan Glukhoy, led police on two high speed chases, the second of which was in a stolen truck and culminated in a fatal collision killing two people. Separate juries found them guilty of…

California v. Vaughn  
Date: April 18, 2022
Docket Number: E073346

Justia Opinion Summary: Defendants Victor Wilkins and Aaron Vaughn were found guilty of human trafficking and multiple counts of pimping and pandering; some counts involved a minor victim. They appealed their resultant sentences. After careful…

P. v. Coley
Date: April 15, 2022
Docket Number: A159927
People v. Coley  
Date: April 15, 2022
Docket Number: A159927A

Justia Opinion Summary: After a 2009 drive-by shooting killed one man while his companion escaped, the prosecution argued that Coley was the car’s driver and Peters was the shooter. The two were jointly charged with first-degree murder with…

California DUI Lawyers Assn. v. Cal. Dept. of Motor Vehicles CA2/  
Date: April 15, 2022
Docket Number: B305604

Justia Opinion Summary: When a person is arrested for driving under the influence, the Department of Motor Vehicles ("DMV") holds a hearing to determine if the driver's license should be suspended. The DMV requires that the hearing officers act…

People v. Burgos  
Date: April 15, 2022
Docket Number: H045212

Justia Opinion Summary: Each appellant was charged with two counts of second-degree robbery (Pen. Code 211, 212.5(c)) based on a 2015 incident. As to each count and defendant, the prosecution alleged that a principal personally used a firearm…

People v. Crites  
Date: April 14, 2022
Docket Number: A162940

Justia Opinion Summary: Crites was convicted in 1977 of first-degree murder, receiving stolen property, and auto theft. The court sentenced him to an indeterminate term as prescribed under the law at the time. In 2021, Crites filed a motion…

Torres v. Adventist Health System/West  
Date: April 14, 2022
Docket Number: F081415

Justia Opinion Summary: Plaintiff sued Adventist Health System/West and Hanford Community Hospital (collectively, Hospital), for a violation of the Consumer Legal Remedies Act (CLRA; Civ. Code, Sec. 1750 et seq.) and declaratory relief.…

People v. Pantoja  
Date: April 13, 2022
Docket Number: A162591

Justia Opinion Summary: Vacaville Officer Hill followed a car and noticed the license plate light and third brake light at the vehicle's back window appeared not to be working. Hill initiated a traffic stop. Pantoja was alone in the car. When…

P. v. Canedos  
Date: April 13, 2022
Docket Number: B308433

Justia Opinion Summary: in 2016, Defendant pleaded guilty to various felony offenses. The court sentenced Defendant to four years in prison. However, the court suspended the execution of Defendant's sentence pending the completion of four years…

People v. Cooper  
Date: April 12, 2022
Docket Number: A161632

Justia Opinion Summary: In 2004, Cooper was convicted of first-degree murder and kidnapping based on his participation in a 1995 killing. The jury found true that a principal was armed with a firearm during both offenses, but acquitted Cooper…

SK Trading International Co. Ltd. v. Superior Court  
Date: April 12, 2022
Docket Number: A163590

Justia Opinion Summary: The state sued several oil and gas firms alleging their participation in a multiyear conspiracy to manipulate the California gasoline market to the detriment of California consumers. The complaint alleged violations of…

Clarity Co. Consulting v. Gabriel  
Date: April 12, 2022
Docket Number: B311823

Justia Opinion Summary: Respondent, a consulting company, entered into a written contract whereby respondent agreed to provide services to a health care company on an hourly basis. Appellant, a licensed attorney, is the General Counsel of the…

P. v. Flores  
Date: April 12, 2022
Docket Number: F081903

Justia Opinion Summary: Defendant was charged with one felony count of possession of a controlled substance for sale. On appeal, defendant sought relief under Assembly Bill 1950 ("AB 1950") which limits probation to a period not to exceed one…

Nunez v. Cycad Management LLC  
Date: April 11, 2022
Docket Number: B306986

Justia Opinion Summary: The defendant hired the plaintiff as a gardener and required him to sign an employment agreement (“Agreement”), which mandates arbitration of “all disputes between Employee and Company relating, in any manner whatsoever,…

Buena Vista Wat. Storage Dist. v. Kern Wat. Bank Authority  
Date: April 11, 2022
Docket Number: B309764M

Justia Opinion Summary: The plaintiff Kern Water Bank Authority Conservation (“KWBA”), is a public agency consisting of five water districts. KWBA operates Kern Water Bank ("KWB"). Surface water from various sources, including the Kern River,…

California v. Hola  
Date: April 11, 2022
Docket Number: C087459

Justia Opinion Summary: A jury found defendant Charlie Hola guilty of second degree murder. Defendant’s conviction arises from a murder capping a three-hour crime spree. Defendant was sentenced to an aggregate term of 48 years to life.…

California v. Johnson & Johnson  
Date: April 11, 2022
Docket Number: D077945

Justia Opinion Summary: Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC (collectively, Ethicon) appealed after a trial court levied nearly $344 million in civil penalties against Ethicon for willfully circulating misleading medical device…

California ex rel. Ellinger v. Magill  
Date: April 11, 2022
Docket Number: E076378

Justia Opinion Summary: Relator Gilbert Ellinger brought a qui tam suit on behalf of the People of the State of California against Zurich American Insurance Company (Zurich), ESIS, Inc. (ESIS), and Stephanie Ann Magill, under Insurance Code…

Lee v. Amazon.com, Inc.
Date: April 8, 2022
Docket Number: A158275M
Mireskandari v. Edwards Wildman Palmer LLP  
Date: April 8, 2022
Docket Number: B301785

Justia Opinion Summary: Plaintiff filed various claims against his Defendants, his former attorneys, claiming breach of contract and professional negligence. He also alleges that Defendants failed to advise him of the state’s Anti-SLAPP statute…

Slaieh v. Super. Ct.  
Date: April 8, 2022
Docket Number: E077534

Justia Opinion Summary: In 2017, Joanne Slaieh filed a divorce action against her husband, Nabeel Slaieh. A few years later, while the action was still pending, Nabeel was arrested on allegations of stalking and making criminal threats against…

P. v. Banner  
Date: April 8, 2022
Docket Numbers: F079770A, F081144

Justia Opinion Summary: Defendant was convicted of robbery. On his initial appeal, Defendant raised several issues, each of which was rejected. Defendant subsequently filed a habeas petition alleging ineffective assistance of counsel. This,…

California v. Accredited Surety & Casualty  
Date: April 7, 2022
Docket Number: C089808

Justia Opinion Summary: Accredited Surety and Casualty Company, Inc. (Accredited) posted a $75,000 bail bond for the release of Jesus Perez. The trial court increased the amount of the bail to $165,000 after the State added two more counts and…

Rodriguez v. FCA US, LLC  
Date: April 7, 2022
Docket Number: E073766

Justia Opinion Summary: The Song-Beverly Consumer Warranty Act (also known as California’s “Lemon Law”) defined “new motor vehicle” as a new vehicle purchased primarily for personal (nonbusiness) purposes, but also specified that the term…

Kinney v. Super. Ct.  
Date: April 7, 2022
Docket Number: F082845

Justia Opinion Summary: Petitioner sent a request to the real party in interest, the County of Kern (the “County”), under the California Public Records Act (the “Act”) seeking the names of all persons arrested by the Kern County Sheriff’s…

In re A.R.  
Date: April 7, 2022
Docket Number: G060677

Justia Opinion Summary: M.G. (Mother) appealed the termination of her parental rights to her 11-year-old daughter, A.R., and her 10-year-old son, C.R., and placing them in a permanent plan of adoption by their paternal grandparents. M.G. did…

Keen v. City of Manhattan Beach  
Date: April 6, 2022
Docket Number: B307538

Justia Opinion Summary: The California Coastal Act of 1976 (“the Act”) requires, among other things, a city to obtain approval from the Coastal Commission for any amendments to its coastal plan. Local coastal programs contain a land use plan…

In re I.F.  
Date: April 6, 2022
Docket Number: H049207

Justia Opinion Summary: Mother appealed the juvenile court’s jurisdiction and disposition orders pertaining to her children, citing the court’s findings that the Indian Child Welfare Act (ICWA; 25 U.S.C. 1901) did not apply to the dependency…

Samantha B. v. Aurora Vista Del Mar  
Date: April 5, 2022
Docket Number: B302321A

Justia Opinion Summary: Plaintiff’s, two patients at an acute psychiatric hospital, obtained judgments against the hospital and its parent company under the Elder Abuse and Dependent Adult Civil Protection Act (“the Elder Abuse Act”). On…

SwiftAir v. Southwest Airlines  
Date: April 5, 2022
Docket Number: B303314

Justia Opinion Summary: The plaintiff, SwiftAir, entered into an agreement with the defendant, Southwest Airlines (“Southwest”). Under the agreement, SwiftAir would develop software for Southwest. In turn, Southwest would test the software to…

In re J.C.  
Date: April 5, 2022
Docket Number: B312685

Justia Opinion Summary: At birth, Appellants’ son tested positive for methadone and marijuana. Appellant A.S., the child’s mother, admitted to using marijuana days before giving birth. The juvenile court detained J.C. and placed him with…

Teacher v. Cal. Western School of Law  
Date: April 5, 2022
Docket Number: D078550

Justia Opinion Summary: Plaintiff Christopher Teacher filed a complaint seeking a writ of administrative mandate against California Western School of Law (CWSL) challenging the procedures CWSL followed in expelling him from the law school. The…

California v. Alorica, Inc.  
Date: April 5, 2022
Docket Number: E076786

Justia Opinion Summary: This case arose from an ongoing investigation by the district attorneys’ offices of several California counties into the debt collection practices of Alorica Inc. (Alorica), specifically the Rosenthal Fair Debt…

Quintero v. Weinkauf  
Date: April 4, 2022
Docket Number: A159812

Justia Opinion Summary: Quintero sued Weinkauf asserting the torts of stalking, assault, intentional infliction of emotional distress (IIED), and domestic violence, alleging that after Quintero ended their romantic relationship, Weinkauf shot…

P. v. Salinas  
Date: April 4, 2022
Docket Number: B307985

Justia Opinion Summary: During Defendant’s murder trial, the prosecution used five of its eight peremptory challenges to remove Black women from the jury panel. Defense counsel raised a Batson challenge at trial. Batson v. Kentucky, 476 U.S. 79…

In re A.J.  
Date: April 4, 2022
Docket Number: C093305

Justia Opinion Summary: In California, the practice of “splitting” jurisdiction and/or disposition hearings, by purporting to hold them separately “as to mother” and “as to father,” was unauthorized and erroneous. The Court of Appeal concluded…

Marriage of Zucker  
Date: April 1, 2022
Docket Number: B281051M

Justia Opinion Summary: The Second Appellate District modified its opinion in the case dated March 3, 2022. First, the court modified references to “child support,” changing them to “spousal support.” Next, after entering a fee order on March…

Feltham v. Universal Protection Service, LP  
Date: March 30, 2022
Docket Number: A161190

Justia Opinion Summary: Allied provided security guard services at UCSF medical facilities, hiring security guards and assigning them to particular locations. UCSF was responsible for supervising the security guards. Villegas worked 11:00…

Artus v. Gramercy Towers Condominium Association  
Date: March 30, 2022
Docket Number: A161265

Justia Opinion Summary: A condominium owner sued her homeowners’ association alleging five causes of action, seeking injunctive and declaratory relief as to rules governing elections, voting, sales, and leasing. One cause of action fell to a…

Save the Hill Group v. City of Livermore  
Date: March 30, 2022
Docket Number: A161573

Justia Opinion Summary: In 2011, Lafferty sought to develop 76 homes on a 31.7-acre Garaventa Hills site in Livermore. A 2012 draft environmental impact report recognized that any alterations to existing drainage patterns may affect the…

M.S. v. A.S.  
Date: March 30, 2022
Docket Number: A161921

Justia Opinion Summary: The parties are married and have three sons born between 2005 and 2013. After the parties separated, M.S. sought a domestic violence restraining order (DVRO, Fam. Code 6200) against A.S. for herself and her sons,…

Southwest Regional Council of Carpenters v. City of Los Angeles  
Date: March 30, 2022
Docket Number: B301374

Justia Opinion Summary: Petitioners challenged the approval of a commercial and residential development in the Panorama City neighborhood of Los Angeles, principally arguing that the City approved a project not described in the draft or final…

Foxcroft Productions, Inc. v. Universal City Studios LLC  
Date: March 30, 2022
Docket Number: B303161

Justia Opinion Summary: The parties' dispute concerns the definition of a key contract work: "photoplays." The studio argues that the word includes television episodes of Columbo, a long-running television show. The creators argue that the word…

Kokubu v. Sudo  
Date: March 30, 2022
Docket Number: B310220

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying appellants' motion to compel arbitration, which they filed more than two years after the lawsuit began. This case arose from a dispute between investors who…

In re J.Y.
Date: March 30, 2022
Docket Number: B313020M
P. v. McMurray  
Date: March 30, 2022
Docket Number: C090767

Justia Opinion Summary: Defendant Woody McMurray appealed a trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section…

California v. Kiger  
Date: March 30, 2022
Docket Number: E075551

Justia Opinion Summary: The ex-girlfriend of defendant Johnathan Kiger testified that he got drunk and started an argument with her. During the argument, he slapped her, pushed her head against a car, dragged her by the leg, and finally…

CIM Urban REIT 211 Main Street (SF) v. City and County of S.F.
Date: March 29, 2022
Docket Number: A161244M
In re H.N.  
Date: March 29, 2022
Docket Number: B313698

Justia Opinion Summary: By passing Proposition 83 (Jessica's Law), voters intended to continue to classify the crime of possession of child pornography as a "wobbler" so that juvenile courts could continue to declare it as either a felony or a…

In re Antonio R.
Date: March 29, 2022
Docket Number: B314389N
Brown v. El Dorado Union High School Dist.  
Date: March 29, 2022
Docket Number: C088204

Justia Opinion Summary: Plaintiff Nicholas Brown (Nick), through his mother and Guardian ad Litem Laurie Brown (Laurie), brought a personal injury action against defendant El Dorado Union High School District (the District) after Nick suffered…

California v. Kelley  
Date: March 29, 2022
Docket Number: C089721

Justia Opinion Summary: Defendant Michael Kelley, III and the victim, L.S., were dated and lived together for two years and had a child together. When the relationship ended, L.S. obtained a domestic violence restraining order against…

B.D. v. Blizzard Entertainment  
Date: March 29, 2022
Docket Number: D078506

Justia Opinion Summary: Blizzard Entertainment, Inc. (Blizzard) appealed an order denying its motion to compel arbitration. B.D., a minor, played Blizzard’s online videogame “Overwatch,” and used “real money” to make in-game purchases of “Loot…

People v. Flores  
Date: March 29, 2022
Docket Number: F080584

Justia Opinion Summary: The Court of Appeal agreed with petitioner that he established a prima facie claim for resentencing relief pursuant to Penal Code section 1170.95. Therefore, the trial court erred in denying the petition without issuing…

People v. Holiman  
Date: March 28, 2022
Docket Number: A160142

Justia Opinion Summary: Holiman was found in possession of illegal drugs and a handgun during a traffic stop initiated after he made a right-hand turn at a stop sign, while the arresting officer’s patrol car was stopped directly behind him.…

Haley v. Antunovich  
Date: March 28, 2022
Docket Number: A161842

Justia Opinion Summary: David and Sara share joint legal custody of their five-year-old child. Initially, the child spent nearly 80 percent of his time with Sara. In 2017, David’s monthly income was $15,000; he paid $1,525 in monthly child…

Aronow v. Superior Court  
Date: March 28, 2022
Docket Number: A162662

Justia Opinion Summary: Aronow sued Emergent for legal malpractice. Based on an arbitration provision in the retainer agreement, the trial court granted Emegent's motion to compel arbitration after finding the agreement was valid. Aronow and…

Scheer v. Regents of the University of California  
Date: March 28, 2022
Docket Number: B303379

Justia Opinion Summary: The Court of Appeal reversed the district court's grant of summary judgment in favor of defendants in a whistleblower retaliation action brought by plaintiff. Plaintiff brought his whistleblower claims in three causes of…

People v. Garcia  
Date: March 28, 2022
Docket Number: B306081

Justia Opinion Summary: Defendant was convicted of second degree robbery and assault with a deadly weapon and sentenced to eight years in prison, but the execution of sentence was suspended and defendant was placed on five years of formal…

Chui v. Chui
Date: March 28, 2022
Docket Number: B306918M
Monterey Coastkeeper v. Central Coast Reg. Wat. Quality Control Bd.
Date: March 28, 2022
Docket Number: C090943M
In re Bailey  
Date: March 28, 2022
Docket Number: C092799

Justia Opinion Summary: In 2014, a jury found petitioner Larry Bailey guilty of assault with a deadly weapon and leaving the scene of an accident and found true various enhancements. Petitioner was sentenced to 28 years in prison. In 2016,…

Mejia v. Roussos Construction, Inc.  
Date: March 25, 2022
Docket Number: C087709

Justia Opinion Summary: Plaintiffs Jose Mejia et al. appealed following a jury verdict in favor of defendant Roussos Construction, Inc. Principally, they contended the trial court erred in its instructions to the jury regarding the “ABC test”…

Cleveland v. Taft Union High School District  
Date: March 25, 2022
Docket Number: F079926

Justia Opinion Summary: The District appealed a judgment entered following a jury's finding that the District's employees were 54 percent responsible for injuries sustained by plaintiff when another student shot him in the stomach with a…

Tola v. Bryant  
Date: March 24, 2022
Docket Number: A161150

Justia Opinion Summary: In June 2017, Google engineers alerted Intel’s management to security vulnerabilities affecting Intel’s microprocessors. Intel management formed a “Problem Response Team” but made no public disclosures. In January 2018,…

Pacifica Firefighters Association v. City of Pacifica  
Date: March 24, 2022
Docket Number: A161575

Justia Opinion Summary: In 1988, Pacifica voters approved Measure F, entitled “Firefighter Dispute Resolution Process Impasse Resolution Procedures: Minimum Wages and Benefits For Firefighters,” which prescribes procedures to be followed in the…

In re K.T.  
Date: March 24, 2022
Docket Number: E077791

Justia Opinion Summary: The sole issue in this appeal of the termination of parental rights was whether San Bernardino County Children and Family Services (CFS) conducted further inquiry into whether the Indian Child Welfare Act’s (ICWA)…

Flores v. Department of Transportation  
Date: March 23, 2022
Docket Number: B309918

Justia Opinion Summary: Appellants sought a petition for writ of mandate and/or injunctive relief compelling Caltrans to sell them the homes they are renting at the original price paid by Caltrans when it purchased the properties to make way…

Estrada v. Royalty Carpet Mills, Inc.  
Date: March 23, 2022
Docket Number: G058397

Justia Opinion Summary: The plaintiffs in this case were employees at three separate carpet manufacturing facilities operated by defendant Royalty Carpet Mills, Inc. (Royalty), also known as Royalty Carpet Mills, LLC. They alleged…

In re Friend  
Date: March 22, 2022
Docket Number: A155955

Justia Opinion Summary: In 1984, Friend robbed an Oakland bar and fatally stabbed Pierucci. Convicted of first-degree murder and robbery with a special circumstance, Friend was sentenced to death. The California Supreme Court affirmed the…

Buena Vista Water Storage District v. Kern Water Bank Authority  
Date: March 22, 2022
Docket Number: B309764

Justia Opinion Summary: The Court of Appeal reversed the trial court's finding that KWBA's environmental impact report (EIR) was inadequate under the California Environmental Quality Act (CEQA). The court agreed with KWBA that the Kern Water…

Curtin Maritime Corp. v. Pacific Dredge etc.  
Date: March 22, 2022
Docket Number: D078217

Justia Opinion Summary: Curtin Maritime Corp. (Curtin) filed suit against its competitor, Pacific Dredge and Construction, LLC (Pacific), asserting one cause of action for violation of the Unfair Competition Law. The parties operated dredging…

Reyes v. Beneficial State Bank  
Date: March 22, 2022
Docket Number: F080827

Justia Opinion Summary: The Court of Appeal reversed the trial court's denial of plaintiffs' motion for attorney fees, concluding that attorney fee awards against a holder are not capped if a separate state law so provides. The court explained…

Schmier v. City of Berkeley  
Date: March 21, 2022
Docket Number: A161556

Justia Opinion Summary: In 1996, Schmier converted Berkley apartment units into condominiums. Berkeley ordinances then required that he record Affordable Housing Fee liens based on a formula. Schmier's lien agreements that provided, “Execution…

Michaels v. State Personnel Bd.  
Date: March 21, 2022
Docket Number: C090196

Justia Opinion Summary: Nancy Michaels worked for more than one year as a Data Processing Manager II (DPM II) before her employer, California’s Public Employees’ Retirement System (CalPERS), voided her appointment at the direction of the State…

City & County of San Francisco v. H.H.  
Date: March 18, 2022
Docket Number: A161503

Justia Opinion Summary: Family Code section 30441 creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence against the other party seeking custody…

People v. Edwards  
Date: March 18, 2022
Docket Number: B309273

Justia Opinion Summary: It does not violate the confrontation clause for a judge to order trial witnesses to wear masks during the current pandemic. The Constitution does not require judges to imperil public health. The Court of Appeal upheld…

Mac v. Minassian  
Date: March 18, 2022
Docket Number: B309490

Justia Opinion Summary: The Court of Appeal reversed the judgment as to Defendant Minassian, concluding that Minassian was prejudiced by the trial court's judgment against him, based upon the post-trial fifth amended complaint. In this case,…

In re J.Y.  
Date: March 18, 2022
Docket Number: B313020

Justia Opinion Summary: The Court of Appeal reversed the trial court's order granting the request of paternal relatives in Arizona to place J.Y. with them, although he barely knew them and had no bond with them. The principal reason stated by…

Colonial Van & Storage, Inc. v. Superior Court  
Date: March 18, 2022
Docket Number: B317125

Justia Opinion Summary: An employer has an affirmative duty to provide employees with a safe place to work. This duty does not include ensuring that an off-site meeting place for coworkers and business associates like an employee's private…

P. v. E.H.
Date: March 18, 2022
Docket Number: E072463N
Riskin v. Downtown L.A. Property Owners Assn.  
Date: March 17, 2022
Docket Number: B309814

Justia Opinion Summary: The Court of Appeal concluded that the trial court has discretion to deny attorney fees under the California Public Records Act (CPRA) in some circumstances and held that the minimal or insignificant standard is…

In re Antonio R.
Date: March 17, 2022
Docket Number: B314389M
In re Harper  
Date: March 17, 2022
Docket Number: E076045

Justia Opinion Summary: In 2002, a jury convicted petitioner Jason Harper of felony murder, and found true a robbery-murder special circumstance allegation for his participation in the robbery of a store, which resulted in the murder of the…

Khoiny v. Dignity Health  
Date: March 16, 2022
Docket Number: B301486

Justia Opinion Summary: The Court of Appeal held that the predominant relationship between a medical resident and a hospital residency program is an employee-employer relationship, and so the rule of academic deference does not apply to the…

In re Antonio R.  
Date: March 16, 2022
Docket Number: B314389

Justia Opinion Summary: Mother appealed the order terminating her parental rights to four-year-old Antonio R. under Welfare and Institutions Code section 366.26, contending that the Department and the juvenile court failed to comply with the…

Adoption of E.B.  
Date: March 16, 2022
Docket Number: C092765

Justia Opinion Summary: J.O. and M.B. married in 2007 and for more than 15 years also have been in what they describe as a committed, polyamorous relationship with appellant. In 2018, appellant, J.O., and M.B. decided to have a child together.…

P. v. Clements
Date: March 16, 2022
Docket Number: E073965M
DeNike v. Mathew Enterprise, Inc.  
Date: March 16, 2022
Docket Number: H046420

Justia Opinion Summary: In 2014, DeNike purchased a 2014 hardtop Jeep Wrangler from SCJ. DeNike subsequently discovered that, contrary to a salesman’s representation, the vehicle was originally manufactured as a soft top. The hardtop was…

Gann v. Acosta  
Date: March 15, 2022
Docket Number: F080831

Justia Opinion Summary: The Court of Appeal affirmed the superior court's denial of a petition for a writ of traditional mandamus in which plaintiff sought an order directing respondent, a correctional counselor with the California Department…

State Farm Mutual Automobile Insurance Co. v. Robinson  
Date: March 14, 2022
Docket Number: A158467

Justia Opinion Summary: Robinson submitted an “uninsured driver” claim to State Farm for injuries sustained in an accident involving her car and an unidentified vehicle. Coverage was available only if the two cars came into contact. (Ins. Code…

Ramsden v. Peterson  
Date: March 14, 2022
Docket Number: B310832

Justia Opinion Summary: The Court of Appeal affirmed the order granting respondent's request to move their daughter, H.P., from California to Illinois. The court concluded that the Family Code permitted counsel to determine what was in H.P.'s…

People v. Guerrero  
Date: March 14, 2022
Docket Number: B311548

Justia Opinion Summary: Defendant was convicted of special-circumstance murder and sentenced to life without parole for crimes committed when she was 16 years old. The Court of Appeal affirmed defendant's conviction and remanded for…

People v. Magana  
Date: March 14, 2022
Docket Number: B311611

Justia Opinion Summary: The Court of Appeal conditionally affirmed the order declaring defendant to be a sexually violent predator (SVP) and committing him to the State Department of State Hospitals for an indeterminate term. The court…

P. v. Magana
Date: March 14, 2022
Docket Number: B311611
In re Brown  
Date: March 14, 2022
Docket Number: B313533

Justia Opinion Summary: The Court of Appeal granted the petition for writ of habeas corpus challenging the trial court's order denying petitioner's motion to reduce bail. The court concluded that petitioner is entitled to a new bail hearing…

People v. Lopez  
Date: March 14, 2022
Docket Number: B317228

Justia Opinion Summary: The Court of Appeal affirmed defendant's convictions for two counts of continuous sexual abuse of a child. In the published portion of the opinion, the court concluded that the trial court had discretion under Penal Code…

Lee v. Amazon.com, Inc.  
Date: March 11, 2022
Docket Number: A158275

Justia Opinion Summary: California’s 1986 Safe Drinking Water and Toxic Enforcement Act, Health & Saf. Code 25249.5, Proposition 65, provides that no business shall "knowingly and intentionally expose any individual to a chemical known to the…

California v. Harden  
Date: March 11, 2022
Docket Number: D078191

Justia Opinion Summary: In 2001, a jury convicted defendant-appellant Yolanda Harden of murdering 85-year-old Alfred P. during a residential burglary and robbery. The Court of Appeal affirmed her conviction of first degree murder with special…

Tan v. Superior Court  
Date: March 10, 2022
Docket Number: A163715

Justia Opinion Summary: Based on a 2019 incident, Tan was charged with misdemeanor driving under the influence (DUI). Effective January 1, 2021, Penal Code section 1001.95, made defendants charged with misdemeanors generally eligible for…

Doe v. Brightstar Residential Inc.  
Date: March 10, 2022
Docket Number: B304084

Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of summary judgment in favor of defendants in an action brought by plaintiff after she was assaulted at a residence for the disabled. The court concluded that the…

In re D.P.  
Date: March 10, 2022
Docket Number: C093132

Justia Opinion Summary: K.P. (mother) and D.P. (father) appealed juvenile court orders denying mother’s petitions to change the court’s order terminating her reunification services and thereafter terminating both of their parental rights,…

Abdelqader v. Abraham  
Date: March 10, 2022
Docket Number: D078652

Justia Opinion Summary: Plaintiff-appellant Hebah Abdelqader appealed an order following a bifurcated trial wherein the superior court denied Hebah’s request for a restraining order against her ex-husband, Abdo Abraham, and granted joint…

People v. Diaz  
Date: March 9, 2022
Docket Number: B307726

Justia Opinion Summary: The Court of Appeal affirmed the trial court's order denying defendant's motion to vacate his 1989 conviction by no contest plea to second degree robbery (Pen. Code, 211) pursuant to section 1473.7, subdivision (a)(1),…

Meinhardt v. City of Sunnyvale  
Date: March 9, 2022
Docket Number: D079451

Justia Opinion Summary: Plaintiff Officer David Meinhardt failed to timely appeal a trial court ruling that denied his petition for writ of administrative mandate in its entirety, completely resolved all of the issues in the matter, and…

California v. Breceda  
Date: March 9, 2022
Docket Number: G059322

Justia Opinion Summary: The issue this case presented for the Court of Appeal's review centered on whether a pause in a criminal jury trial due to the coronavirus disease 2019 (COVID-19) pandemic violated an accused’s due process right to a…

California v. Pacheco  
Date: March 9, 2022
Docket Number: G059940

Justia Opinion Summary: In 2008, defendant Hector Pacheco and other gang members "jumped" two people: one victim died, the other survived. A jury found Pacheco guilty of first degree murder as an aider and abettor, attempted murder, and gang…

White v. Wear  
Date: March 8, 2022
Docket Number: E076352

Justia Opinion Summary: This case was one of many "disagreements" about the control of the multi-million-dollar estate of Thomas Tedesco. Plaintiff-respondent Laura White was one of Thomas’s three biological daughters and a cotrustee of his…

Monterey Coastkeeper v. Central Coast Reg. Wat. Quality Control Bd.  
Date: March 7, 2022
Docket Number: C090943

Justia Opinion Summary: Appellants Monterey Coastkeeper (Coastkeeper) and others were dissatisfied with how the respondent State Water Resources Control Board (State Board) and the regional water boards, including respondent Central Coast…

Hernandez-Valenzuela v. Superior Court  
Date: March 4, 2022
Docket Number: A163992

Justia Opinion Summary: On March 4, 2020, Governor Newsom declared a state of emergency in response to the global outbreak of COVID-19, On March 16, the San Francisco Health Officer issued a shelter-in-place order. On March 23, Chief Justice…

Zucker v. Zucker  
Date: March 4, 2022
Docket Number: B281051

Justia Opinion Summary: In the published portion of this opinion, the Court of Appeal held that in considering whether a spousal support agreement executed between 1986 and 2002 is enforceable, the court is not limited to a determination under…

LA Investments, LLC v. Spix  
Date: March 4, 2022
Docket Number: B304734

Justia Opinion Summary: The Court of Appeal affirmed the judgment following a jury's verdict finding the Attorney Defendants liable to plaintiffs for malicious prosecution. The trial court determined as a matter of law that the Attorney…

In re A.C.  
Date: March 4, 2022
Docket Number: B312391

Justia Opinion Summary: The Court of Appeal affirmed with instructions the jurisdictional and dispositional orders concerning A.C. However, the court concluded that, under the facts of this case, DCFS's failure to ask extended family members…

Rogers v. Roseville SH, LLC  
Date: March 4, 2022
Docket Number: C089561

Justia Opinion Summary: Claude Rogers, a former resident of a residential care facility for the elderly known as Meadow Oaks of Roseville, died after experiencing heatstroke. His wife and successor-in-interest Kathryn and sons Jeffrey, Phillip…

Williams v. Nat. W. Life Ins. Co.  
Date: March 4, 2022
Docket Number: C090436A

Justia Opinion Summary: National Western Life Insurance Company (NWL) appealed after it was held liable for negligence and elder abuse arising from an NWL annuity sold to Barney Williams by Victor Pantaleoni. In 2016, Williams contacted…

California v. Pixley  
Date: March 4, 2022
Docket Number: E075758

Justia Opinion Summary: Defendant-appellant Taylor Pixley appealed the denial of his petition seeking resentencing pursuant to Penal Code section 1170.91, which allowed a person convicted of a felony who may have certain kinds of trauma as a…

Pappas v. Chang  
Date: March 3, 2022
Docket Number: A159792

Justia Opinion Summary: Pappas sued Dr. Chang for malpractice. During mediation, they agreed that Chang would pay Pappas $100,000. Both parties and their counsel signed a settlement agreement, which provided that Pappas “will execute a release…

CIM Urban REIT 211 Main Street (SF), L.P. v. City and County of San Francisco  
Date: March 3, 2022
Docket Number: A161244

Justia Opinion Summary: Property owners (Appellants) paid nearly $12 million in transfer taxes, penalties, and interest based on a 2014 merger that changed their parent companies. Both before and after the merger, Appellants directly owned two…

Chui v. Chui  
Date: March 3, 2022
Docket Number: B306918

Justia Opinion Summary: The co-trustees and a beneficiary of the trust filed petitions under Probate Code section 850 alleging that defendant misappropriated trust assets and committed elder abuse against the trustor. The litigants settled and…

Crenshaw Subway Coalition v. City of Los Angeles  
Date: March 3, 2022
Docket Number: B309288

Justia Opinion Summary: The Coalition filed suit to enjoin a renovation and expansion project under the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) (Gov. Code, section 12900 et seq.). The Court of…

California v. Gonzalez  
Date: March 3, 2022
Docket Number: E073987

Justia Opinion Summary: After a police officer found him asleep in his car with a bag of methamphetamine and a loaded gun at his feet, a jury convicted defendant-appellant Daniel Gonzalez of possession of a controlled substance while armed,…

Perez v. City and County of San Francisco  
Date: March 1, 2022
Docket Number: A161279

Justia Opinion Summary: The San Francisco Police Department allowed officers to carry secondary firearms when on duty, and to carry loaded handguns when off duty. A Department bulletin stated officers are responsible for ensuring that firearms…

In re Mia M.  
Date: March 1, 2022
Docket Number: B313574

Justia Opinion Summary: The Court of Appeal reversed the juvenile court's order denying father's Welfare and Institutions Code section 388 petition and vacated the order terminating parental rights as to the child. The court concluded that the…

P. v. E.H.
Date: March 1, 2022
Docket Number: E072463M
People v. Rodriguez  
Date: March 1, 2022
Docket Number: F078864

Justia Opinion Summary: Defendants Elijah and Michael Rodriguez, two brothers, were jointly tried and convicted of actively participating in a criminal street gang and gang-related, premeditated attempted murder plus attendant crimes and…

LGCY Power, LLC v. Superior Court  
Date: March 1, 2022
Docket Number: F082353

Justia Opinion Summary: LGCY is a Utah limited liability company formed in Delaware and headquartered in Salt Lake City, Utah. The real party in interest is a California resident who worked for LGCY as a sales representative and later a sales…

Mendoza v. Trans Valley Transport  
Date: March 1, 2022
Docket Number: H044372

Justia Opinion Summary: Mendoza applied for employment with FTU. Mendoza cannot read English. A supervisor interviewed Mendoza in Spanish and filled out the application form, which Mendoza signed. All of the acknowledgments Mendoza signed…

People v. Phillips  
Date: February 28, 2022
Docket Number: A156387

Justia Opinion Summary: Sheahan, a 75-year-old man suffering from late-stage lung cancer, was found dead in his San Francisco apartment on August 14. An autopsy indicated that the death was a homicide, that Sheahan had suffered 12–13 blunt…

People v. Faial  
Date: February 28, 2022
Docket Number: A159026

Justia Opinion Summary: The defendant was convicted of first-degree burglary, petty theft with a prior theft-related conviction, and two counts of criminal threats. He was on bail at the time, had two prior strike offenses, two prior serious…

Kuhnel v. Superior Court of Contra Costa County  
Date: February 28, 2022
Docket Number: A163307

Justia Opinion Summary: Kuhnel was convicted of misdemeanor embezzlement and placed on probation for three years in November 2016. In October 2017, the Orinda Police Department received a report that Kuhnel had committed new acts of fraud. In…

California v. Davis  
Date: February 28, 2022
Docket Number: C089567

Justia Opinion Summary: This case arose from the violent sexual assault and killing of an 84-year-old woman inside her home and during a burglary. After the first trial ended in a mistrial because the jury could not reach a unanimous verdict, a…

Shenefield v. Shenefield  
Date: February 25, 2022
Docket Number: D078643

Justia Opinion Summary: Mark Shenefield filed a request for order (RFO) seeking joint legal and physical custody of the child he shared with Jennifer Shenefield. In his declaration, Mark quoted from and referenced the contents of a…

Balistreri v. Balistreri  
Date: February 24, 2022
Docket Number: A162222

Justia Opinion Summary: Mary and Sal were married and had a daughter. Sal also had children from prior marriages. In 2006, Mary and Sal created a trust; each amendment to that trust was notarized. In 2017, they revoked the trust and created a…

People v. Flores  
Date: February 24, 2022
Docket Number: A164257

Justia Opinion Summary: Flores was convicted of several crimes, including felony corporal injury of his former girlfriend (Pen. Code 273.5(a).) The trial court sentenced Flores to 18 years and 8 months in prison, which included the upper term…

McMillin v. Eare  
Date: February 24, 2022
Docket Number: B298990M

Justia Opinion Summary: In a dispute over ownership of two parcels of real property between Som, her husband, Joshua, and Joshua's mother, Sharon, the trial court ruled in favor of Sharon. The court of appeal concluded that the trial court…

Broadcast Music, Inc. v. Structured Asset Sales LLC  
Date: February 24, 2022
Docket Number: B304809

Justia Opinion Summary: After years of litigation over royalties and rights related to musical compositions, the trial court determined that Currency is entitled to the royalties and the rights to one set of musical compositions, that it has a…

Coastal Act Protectors v. City of Los Angeles  
Date: February 24, 2022
Docket Number: B308306

Justia Opinion Summary: The California Coastal Act of 1976 (Pub. Resources Code 30000) requires a coastal development permit (CDP) for any “development” resulting in a change in the intensity of use of, or access to, land or water in a coastal…

People v. Flint  
Date: February 24, 2022
Docket Number: B310238

Justia Opinion Summary: Flint was convicted of murder for his role in a 2006 attempted robbery in which his codefendant shot and killed Los Angeles County Sheriff’s Department Deputy Rosa. The jury rejected a felony-murder special circumstance…

People v. Williams  
Date: February 24, 2022
Docket Number: B311161

Justia Opinion Summary: The defendant was convicted for robbery and burglary. In 1996, the trial court sentenced him to 35 years to life in prison, with the bulk of that sentence attributable to the “Three Strikes” law. In 2021, the defendant…

In re S.S.  
Date: February 24, 2022
Docket Number: B314043

Justia Opinion Summary: Mother appealed an order terminating her parental rights under Welfare and Institutions Code section 366.26. She argued that the Department of Children and Family Services and the court failed to comply with Code section…

In re Darian R.  
Date: February 24, 2022
Docket Number: B314783

Justia Opinion Summary: Maria appealed the termination of her parental rights over her three children, who all have the same father, arguing that the Los Angeles County Department of Children and Family Services (DCFS) failed to interview her…

Srouy v. San Diego Unified School District  
Date: February 24, 2022
Docket Number: D078411

Justia Opinion Summary: Vanndrya Srouy graduated from Crawford High School (Crawford) in the San Diego Unified School District (the District). While a student at Crawford, he was a member of its varsity football team. After Srouy graduated, he…

Von Herrmann v. Super. Ct.  
Date: February 24, 2022
Docket Number: D079157

Justia Opinion Summary: The U.S. Immigration and Customs Enforcement agency (ICE) entered into a contract with the City of Holtville (City) to detain noncitizens at the Imperial Regional Detention Facility (Facility). The City did not own the…

P. v. Vasquez
Date: February 24, 2022
Docket Number: F078228M
Kirk v. Ratner
Date: February 23, 2022
Docket Number: B309880M
Dow v. Lassen Irrigation Company  
Date: February 23, 2022
Docket Number: C091965

Justia Opinion Summary: The question this case presented for the Court of Appeal was whether a watermaster appointed by the trial court to implement and administer a water rights decree had the right to appeal the trial court’s orders…

People v. Sek
Date: February 22, 2022
Docket Number: B309003M
California v. E.H.  
Date: February 22, 2022
Docket Number: E072463A

Justia Opinion Summary: Defendant-appellant E.H. was convicted by jury of six counts of robbery committed for the benefit of a criminal street gang and one count of active gang participation (all committed when he was 15 years old), and he…

White v. Smule, Inc.  
Date: February 18, 2022
Docket Number: A161858

Justia Opinion Summary: Labor Code section 970 prohibits employers from inducing employees to relocate and accept employment by way of knowingly false representations regarding the kind, character, or existence of work, or the length of time…

LaFace v. Ralphs Grocery Co.  
Date: February 18, 2022
Docket Number: B305494

Justia Opinion Summary: The Private Attorneys General Act (PAGA) allows employees to bring a civil action for penalties against their employer on behalf of themselves and other current and former “aggrieved” employees for Labor Code-related…

Ramirez v. Charter Communications, Inc.  
Date: February 18, 2022
Docket Number: B309408

Justia Opinion Summary: Charter created a program for resolving and ultimately arbitrating employment-related disputes. Individuals who received an offer from Charter were required to complete a web-based onboarding process as a condition of…

Pech v. Doniger  
Date: February 18, 2022
Docket Number: B309781

Justia Opinion Summary: In a lawsuit against his former clients and their new attorneys, attorney Pech alleged that the new attorneys interfered with his fee agreement by advising the clients not to file a complaint that Pech drafted. The new…

In re H.V.  
Date: February 18, 2022
Docket Number: B312153

Justia Opinion Summary: The juvenile court sustained a Welfare and Institutions Code section 3002 petition that alleged the mother (S.V.) had brandished a knife and pushed a female companion in the now-three-year-old child’s presence. A…

In re J.B.  
Date: February 18, 2022
Docket Number: H049130

Justia Opinion Summary: J.B. and other minors happened upon the juvenile victim Joey, then shot and killed Joey, “in the context of gang activity.” They were not specifically looking for Joey. J.B. admitted to committing second-degree murder.…

People v. Smith  
Date: February 17, 2022
Docket Number: A159649

Justia Opinion Summary: Smith served a prison term after pleading no contest to assault with intent to commit rape and admitting prior conviction and prison term allegations. Before his parole date, he was committed to Coalinga State Hospital…

In re K.M.  
Date: February 17, 2022
Docket Number: A159962

Justia Opinion Summary: The victim was listening to earphones and looking at his cell phone while walking. He saw individuals with bicycles outside of a 7-Eleven. Minutes later, someone tapped him on one side while another individual, on a…

In re Katherine J.  
Date: February 17, 2022
Docket Number: B313191

Justia Opinion Summary: Eight-year-old Katherine was in dependency court for five years while her parents struggled with significant ongoing issues of domestic violence and substance abuse. Following multiple failed efforts at reunification,…

Save the El Dorado Canal v. El Dorado Irrigation Dist.  
Date: February 16, 2022
Docket Number: C092086

Justia Opinion Summary: Appellant Save the El Dorado Canal sought reversal of a judgment entered after the trial court denied its petition for writ of mandate. The petition challenged certification of an environmental impact report (EIR) and…

California v. Clements  
Date: February 16, 2022
Docket Number: E073965A

Justia Opinion Summary: A jury convicted appellant Jody Ann Clements of second degree murder in 1990 after the trial judge instructed them on both natural and probable consequences and implied malice theories of murder. In 2018, the California…

People v. Lopez  
Date: February 15, 2022
Docket Number: B309605

Justia Opinion Summary: In 2019, Lopez was charged with seven felonies, including forcible rape against Amalia, the mother of his minor children. At his September 2020 trial, during the global COVID-19 pandemic, Los Angeles Superior Courts were…

In re Abigail L.  
Date: February 15, 2022
Docket Number: B310601

Justia Opinion Summary: After the juvenile court removed her from her parents at eight weeks old, Abigail lived with Heather for almost two years. The juvenile court declared Abigail a dependent child of the court and denied her parents family…

People v. Pacheco  
Date: February 15, 2022
Docket Number: B311538

Justia Opinion Summary: During the fire season, Pacheco set fire to brush in a river bed near a homeless encampment and a ranch. Pacheco told a psychologist that he lit the fire because voices in his head told him to do so, but told a probation…

People v. Cortes  
Date: February 15, 2022
Docket Number: B312185

Justia Opinion Summary: In 2007, Cortes was convicted of first-degree murder and premeditated attempted murder. In 2020, Cortes filed a petition under Senate Bill 1437 and Penal Code 1170.95,1 which provide for vacatur of a murder conviction…

People v. Butler  
Date: February 15, 2022
Docket Number: B313121

Justia Opinion Summary: Butler pleaded no contest to unlawful possession of ammunition and admitted to prior prison terms in exchange for five years’ probation. After Butler violated his probation terms, the trial court revoked probation in…

People v. Sanchez  
Date: February 15, 2022
Docket Number: F076838A

Justia Opinion Summary: Sanchez was convicted of attempted murder and assault with a firearm after his acquaintance fired a shotgun during a confrontation with other men. To prove attempted murder, the prosecutor argued Sanchez directly aided…

People v. Reynoza  
Date: February 15, 2022
Docket Number: H047594

Justia Opinion Summary: Reynoza was convicted of dissuading a witness; Penal Code 136.1(b)(2) punishes any person who attempts to prevent or dissuade a witness from “[c]ausing a complaint . . . to be sought and prosecuted, and assisting in the…

People v. Alvarez  
Date: February 14, 2022
Docket Number: B309269

Justia Opinion Summary: After seeing Alvarez in their yard on their home security camera, the homeowners called 911. Deputies apprehended Alvarez just as he was at a side door to the house. Taking Alvarez to their patrol car, deputies noticed…

League to Save Lake Tahoe Mountain Area v. City of Placer  
Date: February 14, 2022
Docket Number: C087102

Justia Opinion Summary: Two appeals consolidated for review centered on Placer County’s approval of a land use specific plan and rezoning to permit residential and commercial development and preserve forest land near Truckee and Lake Tahoe. The…

De La Cerda v. Superior Court  
Date: February 14, 2022
Docket Number: F082783

Justia Opinion Summary: The defendant was charged with three counts of child pornography possession under Penal Code 311.11: count 1–violation of section 311.11(a) that includes over 600 images of child pornography, including 10 or more images…

P. v. Zamora
Date: February 14, 2022
Docket Number: G059259M
California v. Jackson  
Date: February 14, 2022
Docket Number: G059593

Justia Opinion Summary: A jury found defendant-appellant Larry Jackson to be a sexually violent predator (SVP) under the California Sexually Violent Predator Act. The trial court ordered him committed to the California Department of State…

Paige v. Safeway, Inc.  
Date: February 10, 2022
Docket Number: A159731

Justia Opinion Summary: After slipping and falling in the crosswalk of a Safeway parking lot, which was wet due to rain, Paige sued Safeway for negligence and premises liability. She asserted that Safeway failed to exercise due care in the…

In re Cesar G.  
Date: February 10, 2022
Docket Number: A161171

Justia Opinion Summary: After Cesar, who was then 17 years old and who did not have a driver’s license, pleaded no contest to allegations of alcohol-related reckless driving, he was adjudged a ward of the court and placed on probation subject…

People v. Delgado  
Date: February 10, 2022
Docket Number: B299482

Justia Opinion Summary: Delgado was convicted of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm by a felon. The jury found true gang and firearm enhancements. The court had instructed the jury with…

Kirk v. Ratner  
Date: February 10, 2022
Docket Number: B309880

Justia Opinion Summary: Kirk, an actress, using a pseudonym, entered into a confidential settlement agreement in August 2017 with four entertainment industry executives, who used fictitious names in the agreement and documents filed in the…

California v. Hampton  
Date: February 10, 2022
Docket Number: C093270

Justia Opinion Summary: Defendant Danny Hampton was convicted by jury of first degree murder and on two counts of robbery. He was sentenced to an aggregate terms of 33 years to life. The jury could not reach a verdict on the robbery-murder…

California v. Scarano  
Date: February 9, 2022
Docket Number: C092538

Justia Opinion Summary: Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the…

People v. Vasquez  
Date: February 9, 2022
Docket Number: F078228A

Justia Opinion Summary: A jury convicted Vasquez and Carrillo of first-degree murder and found personal firearm use enhancements to be true as to both defendants and separately found true gang enhancements and discharge of a firearm by a…

Joseph v. City of Atwater  
Date: February 9, 2022
Docket Number: F080711

Justia Opinion Summary: Joseph alleged that Atwater terminated his employment as chief of police in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA) Gov. Code 3304(c): no chief of police may be removed from office…

Anderson v. Ford Motor Co.  
Date: February 8, 2022
Docket Number: C089603

Justia Opinion Summary: In October 2004, plaintiff Shelby Anderson (individually, plaintiff) and his wife, plaintiff Tammy Anderson (Tammy), bought a Ford Super Duty F-250 6.0 liter diesel pickup truck containing an engine sourced from nonparty…

Hutcheson v. Superior Court  
Date: February 7, 2022
Docket Number: A159861

Justia Opinion Summary: The Private Attorneys General Act (Lab. Code 2698 (PAGA)) authorizes “aggrieved employees” to file lawsuits on behalf of the state seeking civil penalties for Labor Code violations, and allocates 75 percent of the…

Dept. of Corrections & Rehabilitation v. State Personnel Bd.  
Date: February 7, 2022
Docket Number: C084698

Justia Opinion Summary: The California Personnel Board (Board) sustained a complaint brought by Vickie Mabry-Height, M.D., against the Department of Corrections and Rehabilitation (Department) alleging discrimination based on age, race, and…

Rucker v. WINCAL, LLC  
Date: February 4, 2022
Docket Number: B307964

Justia Opinion Summary: The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action alleging claims for negligence and premises liability. Plaintiff was jogging on defendant's property when she…

San Luis Obispo Local Agency Formation Commission v. Central Coast Development Co.  
Date: February 3, 2022
Docket Number: B304144

Justia Opinion Summary: A contract by a public agency that exceeds the agency's statutory powers is void and will not support an award of attorney fees pursuant to Civil Code section 1717, subdivision (a). The Court of Appeal reversed the…

People v. Mendoza  
Date: February 3, 2022
Docket Number: B306169

Justia Opinion Summary: Defendant appealed the trial court's judgment entered following a jury trial in which he was convicted of attempted extortion; attempted robbery; assault with a deadly weapon; assault with force likely to cause great…

Meyer v. Sheh  
Date: February 3, 2022
Docket Number: B307734

Justia Opinion Summary: Before a creditor with a money judgment may force the sale of a debtor's dwelling to satisfy that judgment, the creditor must, in addition to other procedures, obtain a court order authorizing the sale. To obtain that…

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