California Courts of Appeal Decisions 2023

Justia Opinion Summary: In the case of a contested divorce between Quin Whitman and Douglas F. Whitman, the founder of a once successful hedge fund, the Court of Appeal of the State of California ruled on several issues. The court affirmed that…

Justia Opinion Summary: In the case brought before the Court of Appeal of the State of California, First Appellate District, Division Three, the petitioners, First Amendment Coalition and KQED Inc., sought public access to certain records in…

Justia Opinion Summary: In a case heard by the Court of Appeal of the State of California, First Appellate District, Division Four, the appellant, a mother (La.B.), challenged the juvenile court's decision to terminate her parental rights. The…

Justia Opinion Summary: In the case of Joshua Zamora Gonzales v. California Victim Compensation Board, the Court of Appeal of the State of California Second Appellate District Division Two affirmed a lower court ruling that upheld the…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Third Appellate District, a dispute arose from the marital dissolution proceedings of Daniel Gilbert-Valencia (husband) and Kate McEachen (wife). The…

Justia Opinion Summary: This case arose from a dispute between Gregory Garrabrants, the CEO of BofI Federal Bank (BofI), and Charles Matthew Erhart, a former internal auditor at BofI who acted as a whistleblower. Erhart copied, transmitted, and…

Justia Opinion Summary: This is an appeal before the California Court of Appeal, Fourth Appellate District, Division One regarding an attorney fees dispute between multiple charter school entities and two school districts. The case arose from a…

Justia Opinion Summary: In this appeal, the court considered the constitutionality of a warrantless blood draw from a person involved in a car accident, where unconsciousness or unresponsiveness occurred in a hospital about 90 minutes after the…

Justia Opinion Summary: In a case before the Court of Appeal of the State of California, the appellants, Stephon Anthony, Rafael Campbell, Samuel Flowers, and Anthony B. Price, were seeking relief from their first degree murder convictions on…

Justia Opinion Summary: This is a coverage dispute between Pep Boys and their insurers, Old Republic Insurance, Executive Risk Indemnity, and Fireman’s Fund Insurance, over the interpretation of their insurance policies' annual aggregate…

Justia Opinion Summary: In California, a minor identified as Tony R. was committed to a secure youth treatment facility following his involvement in a violent robbery. Tony R. appealed the juvenile court's denial of his request for a reduction…

Justia Opinion Summary: The case concerns a dispute between Dominic and Eric Jr., the grandchildren of the settlor of the Lena Grace Hamilton Trust, and their aunt, LaDonna Green, the initial trustee of the trust. After the death of Lena Grace…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Second Appellate District Division Eight, the plaintiff, a construction company, sued the defendant, a homeowner, for defamation after the homeowner…

Justia Opinion Summary: A California appellate court ruled on a case where a journalist, Arturo Castañares, sought access to video footage recorded by drones operated by the City of Chula Vista Police Department. Castañares filed a request…

Justia Opinion Summary: In this California appellate case, the key issue was whether non-monetary benefits, specifically room and board, constituted "remuneration" within the meaning of Probate Code section 21362, a provision relating to the…

Justia Opinion Summary: In 2010, Ryan Berry-Vierwinden was convicted of first degree murder in the state of California. Berry-Vierwinden did not commit the murder himself but was convicted as an aider and abettor. The prosecution argued that he…

Justia Opinion Summary: The court case in question involves James McCray, a violent offender with mental health disorders (OMHD), who has been committed to the State Department of State Hospitals (DSH) since 2005. McCray appealed a 2022 order…

Justia Opinion Summary: In a dispute between Christopher Leahy and Jeffrey Peterson, the Court of Appeal, Fourth Appellate District Division One State of California, reversed and remanded a lower court's decision to renew a civil harassment…

Justia Opinion Summary: In the case being reviewed, Alfredo Ramirez was found guilty of multiple counts of sexual offenses against minors and was sentenced to 107 years in prison. Ramirez appealed, arguing that the evidence obtained from his…

Justia Opinion Summary: The Court of Appeal of the State of California was asked to review a decision by the Public Utilities Commission (PUC) that adopted a new tariff (pricing structure) for utility customers who generate their own power from…

Justia Opinion Summary: In this case, the Greenspan family bought a home in Long Beach, California, for $900,000 in 2014. The land was valued at $540,000 and the improvements (the home itself) at $360,000. Two years later, the Greenspans…

Justia Opinion Summary: In the case between Lisa Stettner, Michele Zousmer and Mercedes-Benz Financial Services USA, LLC, the dispute centered on a vehicle turn-in fee that Mercedes-Benz charges at the end of their lease agreements. Stettner…

Justia Opinion Summary: This case concerns John HR Doe and other Doe plaintiffs, who alleged that William Babcock, a counselor at an elementary school in the Marysville Joint Unified School District, committed sexual misconduct causing them…

Justia Opinion Summary: In the 1950s and 1960s, landowners in southwest San Bernardino County, California, transferred 19 parcels of land to various individuals by grant deed, reserving a partial interest in all minerals beneath the surface.…

Justia Opinion Summary: In this case, an accident occurred where Sara Spagnolini, a provider under the In-Home Supportive Services (IHSS) program, ran a stop sign and crashed into a car driven by Hanah Keren Samson Yalung. Yalung and four of…

Justia Opinion Summary: In this case, the National Hockey League and associated parties (plaintiffs) sued their insurer, Factory Mutual Insurance Company (defendant), over losses incurred due to the COVID-19 pandemic under a commercial…

Justia Opinion Summary: This case involves a dispute over a tariff adopted by the Public Utilities Commission (Commission) of the State of California that affects the compensation utilities provide to customers for excess electricity generated…

Justia Opinion Summary: In the state of California, an individual named Chad Grayot purchased a used vehicle from a car dealership with a contract that was later assigned to the Bank of Stockton. This contract included the Federal Trade…

Justia Opinion Summary: The Court of Appeal of the State of California, Third Appellate District, directed the Superior Court of Sacramento County to dismiss the case of Adam Walsworth. Walsworth was previously convicted, but his conviction was…

Justia Opinion Summary: This appeal arises from a dispute over a trust established by a deceased father, James. Brian Spears, the son, filed a petition seeking to be named a creditor of his father's trust and to remove his stepmother, Therese…

Justia Opinion Summary: In this case, the Court of Appeal of the State of California First Appellate District reversed the trial court's denial of anti-SLAPP motions filed by Tara Crawford, a trustee, and her lawyer, Benjamin Graves. The case…

Justia Opinion Summary: In this case from the Court of Appeal of the State of California First Appellate District Division Three, the plaintiff, Sally Ann Haydon, a former resident of Elegance at Dublin, a residential care facility for the…

Justia Opinion Summary: The case is an appeal from a decision of the Superior Court of Yolo County, California. The defendant, Silverio Saldana, was found guilty of possession for sale of a controlled substance and was sentenced to 25 years to…

Justia Opinion Summary: In this case, Crista Miller tripped on a vertical misalignment of less than one inch between a metal plate covering an underground utility vault, owned by the Pacific Gas and Electric Company (PG&E), and the surrounding…

Justia Opinion Summary: In a criminal case in the Court of Appeal of the State of California, First Appellate District, the defendant, Terrell Trammel, was convicted of multiple charges arising from his violent relationship with his former…

Justia Opinion Summary: The case involves the defendant, Jose Diaz, who was convicted of first-degree murder for shooting a street vendor, William Garcia, to death over a dispute about selling on someone else's turf. Diaz appealed his…

Justia Opinion Summary: The Zurich American Insurance Company sought a writ of mandate against the Workers’ Compensation Appeals Board (WCAB) and the California Insurance Guarantee Association (CIGA), in the Court of Appeal of the State of…

Justia Opinion Summary: This case is a labor dispute between Palomar Health, a public healthcare district, and unions representing nurses and healthcare workers employed by Palomar Health. In 2021, during negotiations to renew their collective…

Justia Opinion Summary: The case involved an appeal by Alexander Alberto Frias, who was convicted of stalking. Frias argued that the trial court violated his Sixth Amendment right to counsel of his choice by denying his four requests to…

Justia Opinion Summary: The case concerns Junaid Manzoor, who pleaded guilty in 2006 to a felony violation of attempting to distribute harmful material to a minor. As a result of his conviction, he was required to register as a sex offender for…

Justia Opinion Summary: In 2017, plaintiff Marcelina Barron sued the Santa Clara County Valley Transportation Authority and bus driver Bruce Arnold Gaillard for general negligence after she was injured in a bus accident. After several delays,…

Justia Opinion Summary: The case concerns Gary Marcus Hall, who was convicted on two counts of committing lewd or lascivious acts on a child under the age of 14 years. Hall was a registered sex offender and lived with the victims' grandfather.…

Justia Opinion Summary: Ricardo Campbell, a student of the Career Development Institute, Inc., was dismissed from its vocational nursing program. Following his dismissal, Campbell filed a writ under section 1094.5 of the Code of Civil…

Justia Opinion Summary: In the State of California, the Court of Appeal Second Appellate District Division Six heard the third appeal in the sentencing of Frank Ruiz. Originally, Ruiz was sentenced to 18 years in prison, but this was increased…

Justia Opinion Summary: In December 2018, the State Water Resources Control Board (the Board) adopted amendments to the water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and certified a substitute…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Fourth Appellate District Division Three, the court heard an appeal from a quo warranto judgment which ordered the removal of Ed Sachs, Wendy Bucknum, and…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Sixth Appellate District, the defendant, Mariano Alejandro De La Rosa Burgara (De La Rosa), was initially sentenced to an aggregate stipulated sentence of…

Justia Opinion Summary: The case concerns a firefighter, Matthew Vann, who was injured when a bus driver, Louis Yu, drove through an active emergency scene and over a fire hose, causing it to break off from a fire engine and strike Vann. Vann…

Justia Opinion Summary: In California, Maximino Delgado Lagunas was convicted of second-degree murder after he struck and killed a six-year-old girl while driving under the influence of alcohol. Lagunas had been previously convicted of driving…

Justia Opinion Summary: The case involves the district attorneys of Los Angeles and San Francisco (the People) filing a complaint against the law firm Potter Handy, LLP and several of its attorneys (collectively, Potter) for violation of the…

Justia Opinion Summary: In California, Edgardo Ortiz Guevara was sentenced to 28 years to life under the "Three Strikes" law, due to his third strike being a nonserious, nonviolent felony. He also had prior prison term enhancements. When the…

Justia Opinion Summary: In the state of California, Robert Otto Carter Jr. appealed the denial of his request for a full resentencing under Penal Code section 1172.75. Carter was originally sentenced pursuant to a plea agreement for two counts…

Justia Opinion Summary: Salvatore Baglione, insured under Health Net of California Inc. through his employer, the County of Santa Clara, brought a lawsuit against Health Net alleging breach of contract and bad faith. This followed Health Net's…

Justia Opinion Summary: In the case at hand, the defendant, Ryan Berry-Vierwinden, was convicted of first-degree murder under the theory that he aided and abetted the crime. The murder was deemed first degree because it was committed by means…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Second Appellate District Division Eight, the plaintiff, Eunices Argueta, appealed against the judgment in favor of her former employer, Worldwide Flight…

Justia Opinion Summary: Jose Velasquez, as a condition of probation, had entered a residential rehabilitation program sponsored by The Salvation Army and was injured while working in its warehouse. The Workers’ Compensation Appeals Board (the…

Justia Opinion Summary: In the case before the Court of Appeal of the State of California Fourth Appellate District Division Three, the court evaluated the legality of three members of the City of Mission Viejo City Council holding office after…

Justia Opinion Summary: This case revolves around the filed rate doctrine and its applicability in instances where rates approved by a municipal board are questioned. The plaintiffs, a group of customers, sued Recology, a waste management…

Justia Opinion Summary: In this case, the petitioner, Cedrick Conway, is awaiting trial on a petition to commit him as a Sexually Violent Predator (SVP) under the Sexually Violent Predator Act (SVPA). In preparation for the trial, he requested…

Justia Opinion Summary: In the Court of Appeal of the State of California Sixth Appellate District, Francisco Gutierrez appealed a judgment granting summary judgment to Uriel Tostado and ProTransport-1, LLC, in a personal injury case. Gutierrez…

Justia Opinion Summary: Buckner was convicted of arson of an inhabited structure and sentenced to three years in prison. He argued that: there is no substantial evidence to support the jury’s finding that the house was inhabited because the…

Justia Opinion Summary: Doe alleged that his ex-girlfriend and her friends, including Ledor, embarked upon a “vengeful smear campaign” to harass and defame him after his senior year of high school. In 2020, Ledor sent emails to Dartmouth…

Justia Opinion Summary: Phillips. arrested for DUI, was taken to a lab facility. Ramos, a phlebotomist, took a needle from a sealed package supplied by the County Forensic Lab, cleaned Phillips’ arm, and drew two vials of blood. The county lab…

Justia Opinion Summary: Mother gave birth to K.B. in August 2022. Both she and K.B. tested positive for amphetamines, methamphetamines, and marijuana at the hospital, triggering a referral to the Department, which placed K.B. in temporary…

Justia Opinion Summary: Firefighters sued Favro, who crashed his car into a firetruck before receiving aid from the firefighters, alleging that Favro was negligent in failing to comply with their directions and thereby caused them to be harmed…

Justia Opinion Summary: Thomas was recruited to play on the women’s soccer team at the University of California, Berkeley (UCB), played on the team during her freshman year and, in the spring of that year, was released from the team. She sued…

Justia Opinion Summary: Wiley was charged with kidnapping and making a criminal threat. Wiley pled guilty to the criminal threat charge. The court imposed the upper term (three years) but suspended the execution of the sentence and placed Wiley…

Justia Opinion Summary: The trial court appointed the same attorney (counsel) to represent defendant Mark Foley and Raymond Gladden, who had been a codefendant in the underlying criminal trial, at a consolidated evidentiary hearing after both…

Justia Opinion Summary: Appellant Robert Velasco, who was serving a sentence for attempted home invasion robbery, assault with a firearm, and possession of a firearm by a felon, was identified as eligible for resentencing pursuant to California…

Justia Opinion Summary: After being released from prison, Evers lived in the forest in Mendocino County and obtained food, alcohol, firearms, and other items from occupied and unoccupied residences. Officers, responding to a report that Evers…

Justia Opinion Summary: At a coffee shop in Calabasas, David Delrahim made Edwart Der Rostamian a business proposal. Rostamian got his notebook, asked a server for a pen, and worked with Delrahim to compose two pages of text. When they were…

Justia Opinion Summary: Appellants’ father died in a multi-car accident caused by a deer crossing State Route 154 (SR-154). Appellants sued respondent California Department of Transportation (Caltrans) and others for negligence. They alleged…

Justia Opinion Summary: Defendant was convicted following a jury trial in 2004 of first-degree murder and robbery arising from a shooting death and attempted murder and a second count of robbery based on two separate incidents on June 30, 2022.…

Justia Opinion Summary: James Koenig petitioned the California Supreme Court for a writ of habeas corpus, returnable to the Court of Appeal. Koenig contended the Department of Corrections and Rehabilitation (Department) and the Board of Parole…

Justia Opinion Summary: The trial court here dismissed a violent felony charge filed against defendant-respondent Brian Turner for the third time, finding that the two prior dismissals did not result from any excusable neglect. The Riverside…

Justia Opinion Summary: Defendant Que Phung Thi Nguyen allegedly threatened to expose the existence of plaintiff Bruce Tran's child she birthed during his marriage. Between 2010 and 2011, the Trans separated. During their separation, Tran began…

Justia Opinion Summary: Plaintiff-appellant Rose Jones, an employee of the Regents of the University of California (the University), was injured while riding her bike on University grounds on her way home from work. She and her husband filed…

Justia Opinion Summary: This is the second appeal arising out of Defendant’s special motion to strike the complaint filed by Plaintiffs.  In the first appeal, the Second Appellate District affirmed the trial court’s order denying Defendant’s…

Justia Opinion Summary: Ann Hon and Herman Yee worked together in Hon’s company, but they sued each other when their relationship ended. Their litigation turned up a lien on one of their homes—a lien in favor of a long-suspended corporation…

Justia Opinion Summary: In July 2020, a correctional sergeant was processing mail in the prison mailroom and searched two large manila envelopes addressed to inmate Arlonzo Banks. The sergeant intercepted the envelopes in the prison mailroom,…

Justia Opinion Summary: J.W. was born in 2008. Father died in 2015. J.W.'s paternal Grandmother helped raise J.W. since birth. Mother had denied Grandmother contact with J.W. since Father’s death. The court awarded Mother sole custody and…

Justia Opinion Summary: Plaintiff is a foreign worker hired by defendant Alco Harvesting LLC to work at farms owned by defendant and appellant Betteravia Farms. He later brought employment claims against appellants. Alco moved to compel…

Justia Opinion Summary: Trammel was sentenced to 12 years in prison: the upper term of eight years for kidnapping, a consecutive 16 months for burglary, a consecutive eight months for making criminal threats, and a consecutive two years for a…

Justia Opinion Summary: Defendant-appellant Matthew Mazur appealed his third sentencing for multiple criminal offenses arising out of a fraudulent investment scheme. The sole issue raised on appeal of his reduced 23-year prison sentence was…

Justia Opinion Summary: The Chelsea King Child Predator Prevention Act of 2010 penalizes human trafficking of a minor. It targets a person who preys upon, and forces, a minor to engage in commercial sex acts for the person’s financial benefit.…

Justia Opinion Summary: Defendant appealed from the denial of his petition for resentencing pursuant to Penal Code section 1172.6. He contends the trial court erroneously denied his petition at the prima facie stage because the record of…

Justia Opinion Summary: Relying on New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. __ (2022), individuals charged in California with unlawfully possessing a handgun have contended that their charges and resulting convictions were…

Justia Opinion Summary: After hearing a rumor that Cesar Gonzalez had raped a child, and after being encouraged by a close friend to exact revenge, appellants Daniel Gallegos and Gustavo Nunez, Jr., chased Gonzalez and beat him with metal pipes…

Justia Opinion Summary: According to H.B., Hall “mentally and physically” abused H.B. “every day [she] was under his control for over [three and a half years].” Hall made H.B. “work for him,” providing “sexual services to customers” and…

Justia Opinion Summary: The California Department of Corrections and Rehabilitation (CDCR) identified defendant-appellant Ryan Christianson as an inmate potentially eligible for relief under California Penal Code section 1172.75, but the trial…

Justia Opinion Summary: Appellant pleaded no contest to a charge of second-degree murder. Appellant admitted as true an enhancement allegation regarding the use of a deadly or dangerous weapon. The trial court sentenced Appellant to prison for…

Justia Opinion Summary: Villegas was charged with six counts of lewd and lascivious acts on a child under 14 (his tenants’ daughters), dissuading a witness from reporting a crime (count seven), forcible rape of a minor over 14 (his daughter),…

Justia Opinion Summary: In June 2016, the plaintiffs sued their contractor and subcontractors for alleged construction defects. In February 2017, the trial court deemed the litigation complex and appointed a discovery special master. The…

Justia Opinion Summary: In 2012, Escamilla, a fugitive recovery agent, searched the plaintiffs' residence, looking for their relative, who had skipped bail. In 2014, the plaintiffs sued Escamilla based on the incident, asserting negligence,…

Justia Opinion Summary: Gary Sepanossian, dba G.S. Construction (Sepanossian), individually and as class representative, filed a class action against National Ready Mix Concrete Co., Inc. (Ready Mix), alleging Ready Mix charged its customers an…

Justia Opinion Summary: Plaintiff Castaic Studios, LLC (Castaic) and Wonderland Studios, LLC (Wonderland) entered an agreement under which Castaic granted Wonderland the “exclusive right to use” certain areas of its commercial property. The…

Justia Opinion Summary: V.S. and V.K., both born in India, met in 2009 in Illinois, where they both lived. In 2010, during a trip to India, they participated in the Phera Hindu marriage ceremony. In 2013, the couple had a civil marriage…

Justia Opinion Summary: A police officer testified that during a forensic interview, 14-year-old Doe stated that when Doe was six years old, Gomez, his father, “sucked [Doe’s] penis” and had him suck Gomez's penis. The officer observed Doe call…

Justia Opinion Summary: California State University’s (CSU) hired Plaintiff as the director of university communications of California State University at Northridge’s Marketing and Communications Department (the Department). The VP testified…

Justia Opinion Summary: Plaintiff took her neighbor’s dog for a walk around Dolphin’s apartment complex. Plaintiff observed that it was raining that day with thunderstorms. Before crossing, Plaintiff observed that the concrete on the North Side…

Justia Opinion Summary: Kayla (born in September 2017) came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) after Defendant (mother) was arrested in May 2019. After mother’s arrest, officers found…

Justia Opinion Summary: Plaintiff Jefferey Lurner was a member of Marbella Golf and Country Club (Marbella) where he played golf. Defendants American Golf Corporation and Root’N USA Corporation owned and operated Marbella. At some point after…

Justia Opinion Summary: Senate Bill 567 amended Penal Code section 1170(b)(2) to provide that when a statute specifies three possible terms of imprisonment, the court cannot impose a sentence exceeding the middle term unless it finds that a…

Justia Opinion Summary: The California Construction and Industrial Materials Association and the Ventura County Coalition of Labor, Agriculture and Business (Project Opponents) separately petitioned for writs of mandate to require the County of…

Justia Opinion Summary: Defendant-appellant Perry Chavez appealed a October 13, 2021 order denying Chavez’s motion to vacate a default judgment and default in favor of plaintiff-respondent Dianne Jimenez. The motion was made pursuant to the…

Justia Opinion Summary: Defendant Andrew Rhodius appealed the trial court’s denial of a full resentencing hearing under Penal Code section 1172.75. Defendant contended the trial court erred in denying him a full resentencing hearing on the…

Justia Opinion Summary: A dispute arose under the Sustainable Groundwater Management Act (SGMA; Water Code 10720) regarding which local groundwater sustainability agency is authorized to manage the groundwater in a portion of the 180/400 Foot…

Justia Opinion Summary: The parties married in 2001 and separated in 2011. Before the marriage, the husband operated a nursery as a sole proprietorship. After the marriage, the husband formed a corporation to operate the business. In 2003,…

Justia Opinion Summary: In 2018, Renteria was sentenced to 34 years in prison on 18 drug- and gang-related offenses. Changes in sentencing laws took effect while an appeal was pending. Senate Bill 136 amended Penal Code section 667.51 to…

Justia Opinion Summary: Petitioner Juan Boitez moved to suppress evidence obtained during a search of his mother’s car. After the trial court denied his motion, Boitez petitioned for writ of mandate or prohibition The issue this case presented…

Justia Opinion Summary: A defendant in a criminal proceeding (“Defendant”) was arrested based on a co-defendant’s statement. The petitioning Newspaper sought an interview with the then-unindicted co-defendant (“Co-defendant”). Subsequently,…

Justia Opinion Summary: Stronghold and the city entered into a 2015 contract to renovate the Monterey Conference Center. Before filing a lawsuit asserting a claim for money or damages against a public entity, the Government Claims Act (Gov.…

Justia Opinion Summary: In 2017, Plaintiffs-appellants Loreto and Mercedes Lagrisola applied for and obtained a loan from North American Financial Corporation (NAFC), secured by a mortgage on their residence. In 2021, the Lagrisolas sued NAFC,…

Justia Opinion Summary: Defendant-appellant Edgar Flores appealed the denial of his petition for resentencing on his second degree murder conviction. The superior court denied the petition without holding an evidentiary hearing on the ground…

Justia Opinion Summary: Lai, an engineer, had access to Applied’s trade secrets and participated in highly confidential meetings. Mattson, Applied's direct competitor, recruited 17 Applied employees. Lai accepted a job with Mattson. Before his…

Justia Opinion Summary: This case involved the complicated relationship between a mother, Teri A., and her son, Zachary H. During a tense period in their relationship, Zachary H. moved out of Teri A.’s home and informed her that he did not want…

Justia Opinion Summary: Defendant was convicted of two counts of first-degree murder with a multiple-death special-circumstances finding, two counts of attempted first degree murder, and one count of conspiracy to commit first degree murder.…

Justia Opinion Summary: The Housing Crisis Act of 2019 (the Act) is among the measures that the California Legislature has adopted to address the state’s housing shortage. Subdivision (b)(1)(A) of section 66300 prohibits affected cities from…

Justia Opinion Summary: This case arose out of disputes over the propriety and enforceability of amendments to Thomas Tedesco’s living trust, which was conceived of as part of a family estate plan Tedesco created with his late wife, Wanda. The…

Justia Opinion Summary: Venson, her fiancé Mitchell, and her 11-year-old daughter were at a house party when a car pulled up. Ponder, an 18-year-old high school senior, got out and started shooting. Ponder admitted killing Venson, claiming he…

Justia Opinion Summary: Snowball West Investments, LP applied to build a housing project consisting of 215 homes in the Sunland/Tujunga area of the City of Los Angeles. The current zoning for the site is RA and A1; the project must be rezoned…

Justia Opinion Summary: Defendant resides in Arcadia, California, and holds a Chinese resident identification card. In 2019, Defendant made several trips to Macau, which is an autonomous region on the south coast of China. Gambling is legal in…

Justia Opinion Summary: The Regional Water Quality Control Board issued a civil liability complaint against SLR and, after a hearing, imposed more than $6,000,000 in penalties for SLR’s pollution of protected waterways during its construction…

Justia Opinion Summary: Weeks after Hampton left his employment at a restaurant, the restaurant was robbed. During Hampton's January 2022 trial, the judge dismissed two jurors for reasons related to COVID-19 and seated the two remaining…

Justia Opinion Summary: The court awarded Plaintiff fees after he prevailed on one of his six causes of action against his former employer ExakTime Innovations, Inc., on his complaint for disability discrimination under the Fair Employment and…

Justia Opinion Summary: Appellants filed a wrongful death action for the death of the Appellants’ son against the City of Inglewood (the City). Appellants alleged the City was negligent and created a “dangerous condition” in a public park by…

Justia Opinion Summary: Defendant Joseph Das appealed a trial court’s denial of his petition for resentencing under Penal Code section 1172.6. The trial court denied the petition without issuing an order to show cause or holding an evidentiary…

Justia Opinion Summary: Defendant Jeffrey LaRoche deprived Antonio Davila a hunting trophy. Following a plea, LaRoche was convicted of possession of a firearm by a felon, receiving a stolen vehicle, and second degree burglary. Pursuant to the…

Justia Opinion Summary: Defendant-appellant Paul Hupp was convicted by jury on four counts of violating Penal Code section 69 based on threatening statements he made to four judges. On appeal, Hupp raised an issue of first impression: Is a…

Justia Opinion Summary: Defendant City of Orange (the City) appealed an order denying an anti-SLAPP motion. The underlying lawsuit alleged a violation of the Ralph M. Brown Act (Brown Act). Plaintiff Mary’s Kitchen provided homeless services in…

Justia Opinion Summary: In 2008-2010, Shah engaged in fraudulent transactions involving three luxury condominiums owned by Hwang, ultimately using the property to obtain over $2 million in loans. Shah was convicted of multiple crimes.…

Justia Opinion Summary: After consuming excessive amounts of alcohol, Christina Demirelli left a restaurant in the Fashion Island shopping center (Fashion Island) and walked through a nearby parking structure while engaging in “displays of…

Justia Opinion Summary: Proposition 39 established a program to promote the creation of clean energy jobs. Under Proposition 39, a multistate business must apportion its tax based on a single factor—in-state sales. The proposition further…

Justia Opinion Summary: BioCorRx, Inc. (BioCorRx) was a publicly traded company primarily engaged in the business of providing addiction treatment services and related medication. It issued several press releases that allegedly made…

Justia Opinion Summary: Gilroy Police Department (GPD) receives complaints about homeless encampments, including on the property of the Santa Clara Valley Water District. When requested by the Water District, GPD assists with the cleanup of…

Justia Opinion Summary: Ortiz, born in 1960, was charged with 18 sex crimes committed against several minors in 2004-2018. In 2022, the jury found Ortiz guilty on multiple counts and found true the multiple-victim enhancement allegation. …

Justia Opinion Summary: This is an appeal from an order granting Defendants Seyfarth Shaw LLP (Seyfarth) and Colleen Regan a portion of the fees they requested pursuant to Code of Civil Procedure section 425.161 (the anti-SLAPP2 statute) and…

Justia Opinion Summary: Petitioner FlightSafety International, Inc. appeals from the judgment entered after the trial court denied its two consolidated petitions for writs of mandate. The trial court found that FlightSafety was not entitled to…

Justia Opinion Summary: In 1994, Duncan moved into a rent-controlled unit in San Francisco. He was living there with his family when, in 2014, the landlords purchased the building and took away property-related benefits, ignored or delayed…

Justia Opinion Summary: UC Davis students Doe and Roe were having consensual sex in Doe’s room, when Doe made a one-second video recording of his own face. Roe asked Doe to delete it, which he did. Months later, she made a formal complaint. Doe…

Justia Opinion Summary: Plaintiff an electrical technician, was injured when a broken hatch providing access to the roof of a commercial building slammed shut on his back, herniating several of his discs. He sued the building’s owner and…

Justia Opinion Summary: Plaintiff claimed the nursing facility where she worked as an aide for nine years was so chronically understaffed that she never took a rest break and frequently had to work through her meal breaks. After her…

Justia Opinion Summary: Plaintiff Breanne Martin alleged she was injured when a large metal gate fell on her while she was on a residential rental property located in Alpine, California. Martin initially filed claims for negligence and premises…

Justia Opinion Summary: In October 2021, L.O. petitioned for a restraining order against Defendant pursuant to section 527.6. The petition alleged that Defendant had been harassing L.O. because she is transgender by, among other things, posting…

Justia Opinion Summary: Natalie F. (Mother) and Jan F. (Father) are parents of a now six-year-old girl, M.F., and a three-year-old boy, O.F. Mother sought a restraining order under the Domestic Violence Prevention Act (DVPA) against Father. She…

Justia Opinion Summary: After Nick Martino (Decedent) died intestate, his stepson from a previous marriage, Nick Zambito, petitioned to be deemed an heir. Decedent’s biological children, Tracey Martino and Joseph Martino (together, Objectors),…

Justia Opinion Summary: Defendant-appellant Joshua Allen appealed his convictions for possessing a controlled substance while armed with a firearm and possessing an unregistered and loaded firearm while in a vehicle. He argued on appeal that…

Justia Opinion Summary: In 2016, Coddington was charged with assault by force likely to cause great bodily injury and making a criminal threat, with special allegations of great bodily injury and allegations: that Coddington previously had been…

Justia Opinion Summary: An arbitrator found the seller in breach based largely on an assessment of witness credibility. In the arbitrator’s view, defendant Phuong Pham lacked credibility because she used an interpreter during the arbitration…

Justia Opinion Summary: Plaintiff-appellant, The Riverside County District Attorney, appealed a trial court’s dismissal of three felony charges against defendant-respondent Danny Manzo due to evidence lost during the prosecution’s five-year…

Justia Opinion Summary: In October 2010, Quang Van Quan was convicted by jury on three counts of first degree murder, and found true two felony murder special circumstance allegations that the murders took place during the commission of a…

Justia Opinion Summary: In the middle of the global COVID-19 pandemic, a jury convicted Dominic Molina of committing various sexual crimes against his girlfriend’s young daughter. Molina contended that COVID-19 safety protocols implemented at…

Justia Opinion Summary: Plaintiff, a former tenant, appeals a judgment of dismissal following the trial court’s granting a motion in limine filed by Defendant Cachuma Village, LLC (Cachuma), her landlord. Plaintiff filed a complaint for, among…

Justia Opinion Summary: The Ventura County District Attorney charged Defendant with being a felon in possession of a firearm, ammunition and a machine gun. As to each charge, it was alleged that Defendant suffered a 2021 prior strike conviction…

Justia Opinion Summary: The Department of Industrial Relations, Division of Occupational Safety and Health (the Division) issued a citation to Granite Construction Company/Granite Industrial, Inc. (Granite Construction) for allegedly violating…

Justia Opinion Summary: The San Bernardino County District Attorney (the District Attorney) appealed a trial court order granting Karla Coca’s petition under Penal Code section 1473.7 to vacate a misdemeanor conviction. After review, the Court…

Justia Opinion Summary: At a dispositional hearing, a juvenile court placed R.Q. (minor) with her biological father, C.H. On appeal, defendant-appellant, K.Q. (presumed father), contended the court abused its discretion in placing minor with…

Justia Opinion Summary: Defendant Jose Saavedra appealed an order denying his petition for resentencing pursuant to Penal Code former section 1170.95 (now Pen. Code, § 1172.6). He contended he made a prima facie claim for relief and, therefore,…

Justia Opinion Summary: Pittman was sentenced to 15 years to life in prison for a 1993 second-degree murder. Pittman, then 21 years old, committed the crime with two others, who were 16 and 17 years old. At a 2017 parole hearing, Pittman…

Justia Opinion Summary: The parents, now deceased, established the Trust. Their daughter is the trustee. There are four other children. The Trust is a 70 percent shareholder of the Company. Each sibling owns an equal share of the remaining 30…

Justia Opinion Summary: Plaintiffs sued Defendant for personal injuries related to an automobile accident in which Defendant’s car rear-ended Plaintiff’s car. A jury trial resulted in a judgment in favor of Plaintiffs for past noneconomic…

Justia Opinion Summary: Appellant R.L., presumed father (father) of minor C.L. (the minor), appealed the juvenile court’s order terminating father’s parental rights and freeing the minor for adoption. The minor was removed from his parents…

Justia Opinion Summary: Boesch and Hudson were unmarried partners. The 1994 Boesch Trust was funded with his 50 percent interest in each of the subject properties. The Hudson Trust was funded with Hudson’s 50 percent interest in each of those…

Justia Opinion Summary: Appellant appealed his conviction, by jury, of the attempted willful, premeditated, and deliberate murder and fleeing a pursuing peace officer’s motor vehicle while driving recklessly. It acquitted Appellant of a second…

Justia Opinion Summary: At the request of Plaintiffs/cross-defendants, the trial court issued a prejudgment right to attach orders (RTAO) in the aggregate amount of $7,192,607.16 against their former employer, NMSI, Inc. Appealing the orders as…

Justia Opinion Summary: Taptelis borrowed to purchase the property and executed a Deed of Trust (subsequently recorded) for the benefit of MERS. Taptelis defaulted on the loan. MERS executed an Assignment of Deed of Trust to Homeward. A…

Justia Opinion Summary: Since 2006, disbarred California attorney Karnazes has filed 31 appeals, representing herself in all but one. She achieved partial success in two appeals and lost 23. Six appeals remain pending. Since July 2016, Karnazes…

Justia Opinion Summary: Appellant is the only child of the late J.B. Appellant opposed respondent Olan Mills II’s petition to probate a 2001 will that effectively denied Appellant any share of his father’s estate. The court approved the…

Justia Opinion Summary: In 2018, the California Insurance Commissioner (Commissioner) found that State Compensation Insurance Fund (State Fund) violated the Insurance Code by miscalculating the workers’ compensation insurance policy premiums of…

Justia Opinion Summary: Western requested records “about or related to” the “Strada Verde Project.” including: “all Public Records Act requests sent by anyone concerning” the Project; “[a]ll writings received by the County concerning the…

Justia Opinion Summary: The juvenile court sustained the petition filed by the Los Angeles County Department of Children and Family Services alleging that Maira H. and Appellant, had a history of engaging in violent physical and verbal…

Justia Opinion Summary: Evers pled guilty to assault on a police officer with a firearm after being arrested in connection with a string of residential burglaries. At sentencing, the trial court ordered Evers to pay restitution to two victims…

Justia Opinion Summary: The Historic Architecture Alliance and the Laguna Beach Historic Preservation Coalition (collectively, the Alliance) appealed the denial of their petition for mandamus relief. The action involved a decision by the City…

Justia Opinion Summary: Plaintiff-appellant Anel Perez filed a personal injury action against the defendant-respondent school district after she was seriously injured while volunteering at an elementary school event. Following a bench trial,…

Justia Opinion Summary: This case arose from the California Department of Water Resources’s (DWR) release of water from Lake Oroville down the Oroville Dam’s gated flood control spillway and emergency spillway in February 2017. The Butte County…

Justia Opinion Summary: Plaintiff and Defendant both members of the State Bar, represent opposing parties in a dissolution/annulment proceeding pending in Los Angeles Superior Court. Following an incident at Plaintiff’s office relating to the…

Justia Opinion Summary: Defendant appealed from the five-year domestic violence restraining order (DVRO) issued against him at the request of his former spouse, Plaintiff. He contended the trial court abused its discretion by granting…

Justia Opinion Summary: Cal-Am, an investor-owned utility that supplies water to much of the Monterey Peninsula, was subject to a state order to cease its decades-long overuse of certain water sources. Cal-Am sought to comply by drawing…

Justia Opinion Summary: Over the last five decades, California voters have adopted several initiatives limiting the authority of state and local governments to impose taxes without voter approval, including adding Article XIII C of the…

Justia Opinion Summary: Plaintiffs sued Defendant for breach of contract in connection with their rental of Defendant’s home. Defendant failed to file an answer, and the trial court entered a default judgment for $59,191. The judgment included…

Justia Opinion Summary: In 1999, a jury convicted defendant Patrick Trent of first degree murder and street terrorism, but found not true the enhancements that defendant had personally used a knife and that the murder had been committed for the…

Justia Opinion Summary: JRK Property Holdings, Inc. appealed from the order of dismissal entered after the trial court granted a motion for judgment on the pleadings filed by primary insurer Ironshore Specialty Insurance Company (Ironshore) and…

Justia Opinion Summary: The People filed suit alleging Uber and Lyft violated the Unfair Competition Law (Bus. & Prof. Code 17200 (UCL)) by misclassifying California rideshare and delivery drivers as independent contractors, depriving them of…

Justia Opinion Summary: Plaintiffs Tina and David Glynn, parents of decedent Nicholas Glynn (Nicholas), appealed the grant of summary judgment against them and in favor of defendants Orange Circle Lounge Inc., Lounge Group, Inc., and Mario…

Justia Opinion Summary: In 2009, Sandoval was convicted of second-degree murder (Pen. Code 187) with a finding that Sandoval committed the offense for the benefit of a criminal street gang and, as a principal, personally used a firearm. He was…

Justia Opinion Summary: This is an appeal from post-judgment findings and an order determining the amount of attorney fees and sanctions payable by Appellant to ex-wife. The family court ordered Appellant to pay a total of $70,000 ($22,000 and…

Justia Opinion Summary: Respondent Paramount Pictures Corporation (Paramount) sought a refund of taxes paid on its personal property for the 2011 tax year. Paramount first appealed to the Los Angeles County Assessment Appeals Board (the Board).…

Justia Opinion Summary: Petitioner is serving a life term for the brutal murder of a 15-year-old girl. After Petitioner served 23 years and three months, the parole board granted him parole. The Governor reversed the parole board’s decision and…

Justia Opinion Summary: A limited liability partnership and one of its partners retained a lawyer but limited the scope of representation to having the lawyer represent the partnership in a specific, ongoing case. After the partnership lost the…

Justia Opinion Summary: Hardiamon testified at a preliminary hearing that she had a child with Davenport. On January 4, 2007, Hardiamon left the child with Davenport and spent the day with West, Hardiamon’s cousin by marriage. Around 11:00…

Justia Opinion Summary: A jury convicted Defendant of first-degree murder, attempted murder of two counts of robbery, and one count of receiving stolen goods and found firearm enhancements true. This is Defendant’s second petition; the Second…

Justia Opinion Summary: Bodely entered a supermarket, grabbed $75 out of a cash register, and ran to his car. Andre ran to Bodely’s driver’s side window and put his arm inside the car. Bodely drove away, knocking Andre onto the hood. Andre…

Justia Opinion Summary: Bingham was charged with infliction of corporal injury on a romantic partner (Pen. Code 273.5(a)). The victim did not testify at trial, but her 911 call was admitted into evidence. Bingham argued that the trial court…

Justia Opinion Summary: In 2020, Lafayette City Councilmember and former Mayor, Burks, and his wife, Ackley, hosted an open house in their home in support of a school bond measure. The invitation stated Burks was “hosting this event as an…

Justia Opinion Summary: Fitness International, LLC was operating an indoor gym and fitness center when it entered into an amended lease with KB Salt Lake III, LLC, that required Fitness International to renovate the premises. However, the…

Justia Opinion Summary: Jennifer and Alan Simonis were married for 27 years and separated in September 2015. While married the parties ran a farm where they grew crops, and they raised cattle. Jennifer bore some recordkeeping responsibility for…

Justia Opinion Summary: After defendant Christopher Esparza was pulled over for a Vehicle Code violation, a detective who specializes in gang enforcement recognized him and two of his passengers as members of a City Heights gang. The detective…

Justia Opinion Summary: At age 16, defendant Tory Bratton confessed to robbing a local market, with an accomplice, shooting the clerk dead, and taking $184. At his trial, his counsel argued that defendant’s confession was false and that he did…

Justia Opinion Summary: In 2019, two Oakland journalists filed requests with the Oakland Police Department under the California Public Records Act (CPRA) (previously Gov. Code 6250, now 7921.000), including for information regarding the…

Justia Opinion Summary: Defendant pleaded guilty to first-degree murder in count 1, second-degree murder in count 2, and attempted murder in count 3. He admitted the truth of the personal firearm use enhancements in each count. Counts 4 and 5…

Justia Opinion Summary: Defendant Wesley Panighetti and Jill Doe met in 2000 and began dating. According to the Court, the couple practiced bondage, discipline, sadism, and masochism (BDSM) together. When defendant went beyond the scope of…

Justia Opinion Summary: Liapes filed a class action against Facebook, alleging it does not provide women and older people equal access to insurance ads. The Unruh Civil Rights Act prohibits businesses from discriminating against people with…

Justia Opinion Summary: Appellant, a former employee of the City of La Habra Heights (City), pled no contest to a felony that arose out of the performance of her official duties. Under the terms of Appellant’s plea agreement, the conviction was…

Justia Opinion Summary: Endeavor Operating Company, LLC (Endeavor) is a “holding company” that owns “various subsidiaries in the entertainment, sports, and fashion business sectors.” Endeavor sued the insurers for (1) declaratory relief and (2)…

Justia Opinion Summary: Petitioner Pacific Gas and Electric Company (PG&E) sought extraordinary writ relief for the second time arising out of the parties’ ongoing efforts to clarify the standard of proof to be applied at trial on South San…

Justia Opinion Summary: In August 2010, after the California v. Samaniego, 174 Cal.App.4th 1148 (2009) and California v. Nero, 181 Cal.App.4th 504 (2010) were decided, defendant Brandon Burns was convicted on one count of first degree murder…

Justia Opinion Summary: EpicentRx, Inc. and several of its officers, employees, and affiliates (collectively, the defendants) challenged a trial court order denying their motion to dismiss plaintiff-shareholder EpiRx, L.P.’s (EpiRx) lawsuit on…

Justia Opinion Summary: UCSF's 107-acre Parnassus Heights campus currently accommodates two hospitals, various medical clinics, four professional schools, a graduate program, and space for research, student housing, parking, and other support…

Justia Opinion Summary: Plaintiffs alleged that during the COVID-19 pandemic, Defendants Los Angeles Unified School District (LAUSD or the District) and its then Superintendent adopted distance-learning policies that discriminated against poor…

Justia Opinion Summary: The insurer, in this case, had notice of the hospital’s lien for treatment provided to the patient and, pursuant to a settlement agreement with the patient, gave him a check for the lien amount made payable to both him…

Justia Opinion Summary: Decedent was hit by a pickup truck in a crosswalk at a major intersection. After the accident, the decedent, who was on a 15-minute work break, walked back to the Whole Foods Market (the store) where he worked. There,…

Justia Opinion Summary: While his two teenaged children were across the hall, defendant Anthony Morones, Jr., fired a gun outside a bathroom window. After he was arrested and a complaint was filed against him, he attempted to persuade his…

Justia Opinion Summary: Defendant, while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard. His passenger was…

Justia Opinion Summary: Plaintiff Davis Boat Manufacturing-Nordic, Inc. (Davis Boat), which prevailed in a breach-of-contract action against Defendant applied for an order to sell Defendant’s home. The Stanislaus County Superior Court denied…

Justia Opinion Summary: Plaintiffs appealed from a trial court order sustaining a demurrer to the class allegations in their complaint against Defendants, their former landlords. The complaint asserts claims under the Ellis Act and the Los…

Justia Opinion Summary: Plaintiffs-Appellants Santa Paula Animal Rescue Center, Inc. (SPARC) and Lucky Pup Dog Rescue (Lucky Pup) (collectively Appellants) appealed a judgment of dismissal following the trial court’s order sustaining, without…

Justia Opinion Summary: In January 2020, after waiting 40 minutes for a school bus that never came, 16-year-old G. got picked up from the bus stop by a friend whom she had texted. During their ride to school, the friend’s car was hit head on by…

Justia Opinion Summary: Aguilar-Jimenez was charged with two counts of murder (Penal Code 187(a)), DUI, and driving under the influence of alcohol with a blood-alcohol level of 0.08% or more and causing injury. A magistrate concluded that…

Justia Opinion Summary: In 2006, Manzoor pleaded guilty to a felony violation of Penal Code sections 288.2 and 6641 for attempting to distribute harmful material to a minor. The prosecutor dismissed a count that alleged Manzoor attempted to…

Justia Opinion Summary: Assistant District Attorney (ADA) Jenkins left the San Francisco District Attorney’s Office to join the campaign to recall Boudin, the then-San Francisco District Attorney. After leaving the Office, Jenkins spoke to a…

Justia Opinion Summary: Plaintiff sued defendants Jeff Jenkins, Jeff Jenkins Productions, LLC, and Bongo, LLC, for breach of contract and eight other causes of action. Plaintiff’s complaint alleged she conceived the idea for and worked to…

Justia Opinion Summary: Appellant, a former police officer, was terminated from the Merced City Police Department (Department) based on allegations he conducted an illegal search, submitted a false police report, and committed perjury at a…

Justia Opinion Summary: Plaintiffs Dominick Martin and Rusty Rendon filed suit under the Unruh Civil Rights Act for disability discrimination, contending that one of Thi E-Commerce’s Web sites discriminated against the blind by being…

Justia Opinion Summary: Appellant purports to appeal from the trial court’s post-judgment order denying his petition to strike two prior prison term enhancements imposed pursuant to former Penal Code section 667.5, subdivision (b) (667.5(b)).…

Justia Opinion Summary: C.D. (Mother) appeals from the trial court’s post-judgment order granting a request from G.D. (Father) that she enroll their minor daughters in public school. Mother contends the order must be vacated because, without a…

Justia Opinion Summary: G.D. (Father) appealed the judgment approving the dissolution of his marriage to C.D. (Mother), granting her full custody of their minor daughters and barring all visitation. Father contends the custody and visitation…

Justia Opinion Summary: Defendant Curtis Slaton was convicted by jury of murder. The prosecution’s theory in the case was that defendant committed the murder because he affiliated with a gang that wore blue and the victim wore red—a color…

Justia Opinion Summary: A.R. (Father) and S.R. (Mother) appealed from the juvenile court’s orders terminating their parental rights to three of their children, under Welfare and Institutions Code section 366.26.1. Father’s sole claim, joined by…

Justia Opinion Summary: Doe sued her former employer Na Hoku,and former manager Montoya, asserting multiple claims arising from Montoya’s alleged sexual harassment and assault of Doe. The defendants successfully compelled the case to…

Justia Opinion Summary: When Frank died, Leslie, his daughter, was appointed as executor and personal representative of the estate, Independent Administration of Estates Act (Prob. Code, 10400). In his will, Frank confirmed his surviving…

Justia Opinion Summary: Plaintiff Tsakopoulos Investments, LLC (Tsakopoulos) sought mandamus and declaratory relief against defendants the County of Sacramento (County) and the Sacramento County Office of Economic Development and Marketing,…

Justia Opinion Summary: Defendant-appellant Anthony Narro molested two of his stepdaughters and one of his stepdaughter’s friends for a period of over 10 years. He was convicted of numerous sexual offenses and sentenced to 195 years to life. On…

Justia Opinion Summary: Defendant-appellant Sabrina Aranda was charged with possession of a controlled substance in a correctional facility. During jury selection, the State exercised a challenge for cause against a prospective juror who…

Justia Opinion Summary: In December 2019, the Alameda County Social Services Agency filed a petition (Welfare and Institutions Code 300(b)(1) and (j)) regarding infant V.C., with allegations that his mother tested positive for methamphetamine…

Justia Opinion Summary: In 2017, the plaintiffs leased a Mercedes-Benz B250E from a dealer. In 2020, at the end of the lease, they signed a Retail Installment Sales Contract (RISC) with the dealer to finance the purchase of the vehicle. Both…

Justia Opinion Summary: Plaintiff fell while stepping from a dock to a boat. He sued his employer—a yacht club in Long Beach—under federal admiralty law. The trial court sustained the club’s final demurrer to the second amended complaint. The…

Justia Opinion Summary: Defendant Fermin Perez-Robles, a massage therapist, was convicted by jury on 16 counts of sexual penetration and sexual battery involving six clients and sentenced to 15 years in prison. On appeal, he argued: (1) the…

Justia Opinion Summary: Airbnb, Inc. and Airbnb Payments, Inc. (collectively Airbnb) is an online marketplace that connects owners of short-term rentals (STRs) with renters seeking accommodations for 30 days or less. Among Airbnb’s many rental…

Justia Opinion Summary: Defendant-Mother appealed the juvenile court’s order denying her post-permanency Welfare and Institutions Code section 388 petition that asked the court to grant her reunification services with her thirteen-year-old son…

Justia Opinion Summary: The Law Firm of Fox and Fox (Law Firm) appealed from a judgment entered after the trial court granted summary judgment in favor of Chase Bank, N.A. The Law Firm filed this action against Chase, alleging negligence in the…

Justia Opinion Summary: Lashon was convicted of one count of second-degree murder and one count of first-degree murder, together with true findings of special circumstance allegations of multiple murders. She was sentenced to a term of life…

Justia Opinion Summary: Defendant-appellant Rhonda Jenkins appealed an order recommitting her as a mentally disordered offender pursuant to Penal Code sections 2970 and 2972. Jenkins contended substantial evidence did not support the trial…

Justia Opinion Summary: In 2001, petitioner Ronnie Harrell was charged with five felonies, including attempted murder, each with a firearm enhancement and a gang enhancement; a prior prison term enhancement and a strike prior were also alleged.…

Justia Opinion Summary: Westlands Water District (Westlands) appeals from a judgment of dismissal entered in a validation action filed pursuant to, inter alia, Code of Civil Procedure section 860 et seq. The subject matter was an anticipated…

Justia Opinion Summary: Barrera and Varguez sued Apple, a nationwide restaurant chain, to recover civil penalties under the Private Attorneys General Act of 2004 (PAGA) (Labor Code 2698) for Labor Code violations suffered by them and by other…

Justia Opinion Summary: San Francisco Officer Gunn testified that he observed a Buick parked in a “known high-crime area” and ran a license plate check, which came back as belonging to an Acura. Finley, who is Black, stepped out of the vehicle…

Justia Opinion Summary: Appellant was convicted of voluntary manslaughter and gang and firearm enhancements and sentenced to a total term of 22 years. Appellant filed a petition for resentencing under Penal Code section 1172.6 (former section…

Justia Opinion Summary: A trial court denied defendant Monica Njoku’s petition for resentencing pursuant to Penal Code section 1172.6. Defendant owned a house in Sacramento of which she rented rooms to short term tenants, primarily single…

Justia Opinion Summary: Defendant-appellant Karl Doron appealed after his guilty plea to nine counts of robbery, two counts of attempted robbery, and allegations he was armed with a firearm during the commission of the robberies. Before…

Justia Opinion Summary: Castaneda-Prado was convicted of five counts of committing a lewd act on a child under age 14, with allegations that the charges involved multiple victims and substantial sexual conduct. Castaneda-Prado was sentenced to…

Justia Opinion Summary: Defendant Edward Ceja was convicted by jury of being a felon in possession of ammunition and other charges. On appeal, Ceja’s sole claim was that the felon in possession of ammunition statute facially violated the Second…

Justia Opinion Summary: Plaintiff Phil Hagey appealed a judgment of dismissal entered following the sustaining of a demurrer to his second amended complaint without leave to amend. Plaintiff owned a home with a solar energy system (the system).…

Justia Opinion Summary: Plaintiffs purchased a residence and obtained a $1 million loan, memorialized by a note secured by a deed of trust. Years later, the property was sold through a nonjudicial foreclosure. Plaintiffs, after two prior…

Justia Opinion Summary: LaCour, a former Marshalls employee, filed suit under the Labor Code’s Private Attorneys General Act (PAGA) (Labor Code 2698) in January 2021. Marshalls argued that LaCour, having left Marshalls in May 2019, had only a…

Justia Opinion Summary: Piplack and Taylor are lead plaintiffs in Private Attorneys General Act (PAGA) (Labor Code 2698) representative actions in Orange and Los Angeles Counties against In-N-Out. Upon learning of settlement negotiations in a…

Justia Opinion Summary: When the Covid pandemic struck, the California State University (CSU) directed that instruction be provided remotely. To provide such instruction, Plaintiff, a biology professor at CSU-Los Angeles, incurred expenses that…

Justia Opinion Summary: Plaintiff Brian Carr appealed a trial court’s grant of summary judgment in favor of the City of Newport Beach (the City) an action arising from injuries plaintiff sustained after diving headfirst into shallow harbor…

Justia Opinion Summary: After an elementary school teacher grabbed and twisted A.S.’s arm, his mother (and guardian ad litem) filed a complaint form with the Palmdale School District (District) on his behalf. They then filed a lawsuit for…

Justia Opinion Summary: Housing Authority of the City of Calexico (the Housing Authority) and AMG & Associates, LLC (collectively, the plaintiffs) appealed a superior court confirming an arbitration award, declining to undertake a review of the…

Justia Opinion Summary: In 1996, Escobedo was convicted of second-degree murder and was sentenced to an aggregate prison term of 19 years to life. In 2016, Escobedo was released from prison and placed on lifetime parole. If a court determines…

Justia Opinion Summary: Appellants LNSU #1 and LNSU #2, two homeowners in a common interest development managed by the Alta Del Mar Coastal Collection Community Association (the Association), appealed a judgment entered against them in their…

Justia Opinion Summary: Plaintiff was placed on unpaid administrative leave and then terminated from her employment with defendant Sequoia Union Elementary School District (the School District) after refusing to either provide verification of…

Justia Opinion Summary: The Penal Code authorizes but does not require, county sheriffs to issue licenses to carry concealed weapons. The Santa Clara County Sheriff’s Office rarely issued CCW licenses; the office would not even process a CCW…

Justia Opinion Summary: Defendant owned real property located at 3546 Multiview Drive in Los Angeles, California (the property). That year, he executed two deeds of trust against the property. Defendant obtained a HELOC from National City Bank,…

Justia Opinion Summary: In 2022, the Sacramento County District Attorney charged defendant Stephanie Miller with carrying a concealed firearm in a vehicle under her control. Penal Code section 25400(a)(1) did not apply to individuals, unlike…

Justia Opinion Summary: This original proceeding involves a protracted legal battle between several rural telephone companies and the Public Utilities Commission (“Commission”). Petitioners are telephone corporations that provide telephone…

Justia Opinion Summary: The Center for Scientific Integrity (CSI) was an organization that reported on academic retractions and accountability. CSI wrote an article about plaintiff-respondent Constance Iloh, a professor at the University of…

Justia Opinion Summary: In the midst of a group contacted by officers for smoking cannabis on the street, 16-year-old T.F.-G. witnessed first one and then another of his companions be restrained, searched, and made to sit on the curb as the…

Justia Opinion Summary: North Coast Village Condominium Association (the Association) filed a workplace violence restraining order in support of its board president, Neil Anderson, and 46 other employees and board members seeking to restrain…

Justia Opinion Summary: A.R. (Father) appealed the juvenile court’s dispositional order adjudging his son a dependent of the court and removing the child from his custody. The court also ordered reunification services for Father. Father’s…

Justia Opinion Summary: Geringer Capital, Inc., Roger Geringer and Tricycle Entertainment, LLC (collectively Geringer parties) moved to preclude Jeffrey Konvitz, Blue Rider Finance, Inc.’s counsel of record, from testifying at trial in support…

Justia Opinion Summary: Three former deputies of the Los Angeles County Sheriff’s Department (department) were discharged from their employment for alleged misconduct. The former deputies filed administrative appeals with the Los Angeles County…

Justia Opinion Summary: Plaintiff died after his pick-up truck collided with a tractor-trailer driven by Jose R. Inzunza (Inzunza) for CR GTS, Inc. (CRGTS), an interstate motor carrier. Plaintiff’s surviving spouse and their four adult children…

Justia Opinion Summary: Appellant Tanner Altizer suffered serious injuries when he ran into a suspended cable fence while riding his off-road motorcycle on an unpaved area in an unoccupied area of the desert. The owner of the property,…

Justia Opinion Summary: Appellant M.F. and her husband, J.F., were the paternal grandparents (PGPs) of R.F. and B.F. In 2021, the juvenile court terminated parental rights to the children and selected adoption as the children’s permanent plans.…

Justia Opinion Summary: The principal issue in these cases is whether two corporations, wholly owned by the late entertainer Michael Jackson, had a legal duty to protect plaintiffs from sexual abuse Jackson is alleged to have inflicted on them…

Justia Opinion Summary: Plaintiff and appellant Rhonda S. is the conservator, appointed pursuant to section 5350 of the Lanterman-Petris Short Act (LPS), of her adult son David S. Plaintiff sued Defendants and respondents Kaiser Foundation…

Justia Opinion Summary: North River Insurance Company and its bail agent (collectively, North River) asked for its bail money back. The court said no: the prosecution had not decided whether to extradite the fugitive from Mexico. North River…

Justia Opinion Summary: The County of San Luis Obispo granted a permit to move an easement on a property in the coastal zone. However, the California Coastal Commission denied the permit. The trial court found in the Commission's favor. The…

Justia Opinion Summary: The Westin St. Francis, in Union Square, is San Francisco’s third largest hotel. In return for a base management fee and an incentive fee, the Company manages and maintains the hotel, handles personnel and employment…

Justia Opinion Summary: Defendants were identified as suspects of murder after a geofence search warrant directed to Google revealed cell phones signed in to Google accounts connected to them were in several of the same locations as the victim…

Justia Opinion Summary: Petitioner applied to the trial court in March 2022 to change his name. On the ground that Petitioner has “outstanding warrant(s),” the trial court denied Harris’s petition.   The Second Appellate District affirmed…

Justia Opinion Summary: The County of Santa Barbara (County) appealed from the entry of a preliminary injunction prohibiting its Road Commissioner from removing unpermitted encroachments placed in the public right of way along a portion of East…

Justia Opinion Summary: In People v. Bartholomew (2022) 85 Cal.App.5th 775, 778, the Second Appellate District Court’s majority opinion acknowledged, “‘No provision of section 17, subdivision (b), authorizes the superior court judge to…

Justia Opinion Summary: Mark Kielar challenged a superior court’s decision to grant Hyundai Motor America’s (Hyundai) motion to compel arbitration of his causes of action for violation of the Song-Beverly Consumer Warranty Act, and fraudulent…

Justia Opinion Summary: A woman sought a domestic violence restraining order (DVRO) against her estranged husband. The trial court denied her petition while indicating that her allegations of a pattern of control and isolation by limiting her…

Justia Opinion Summary: Allstate Insurance Company and several of its affiliates (collectively, Allstate) brought qui tam actions on behalf of the State of California alleging insurance fraud under the California Insurance Frauds Prevention Act…

Justia Opinion Summary: After the Court of Appeal reversed the summary denial of her request for resentencing, Petitioner Elvira Torres sought on remand to peremptorily challenge the judge who had originally denied her request for resentencing,…

Justia Opinion Summary: Grant Park Neighborhood Association Advocates and four individuals (together, Grant Park) challenged Department of Public Health's (the Department) approval of an entity’s application to operate a needle and syringe…

Justia Opinion Summary: While at his job as a correctional officer at the Lancaster State Prison in August 2002, respondent Michael Ayala was severely injured in a preplanned attack by inmates. He filed a workers’ compensation claim and alleged…

Justia Opinion Summary: Lee’s contract with Cardiff segregated the $231,500 price between the construction of a pool and spa ($88,400) and the construction of a pavilion, an outdoor kitchen, an outdoor fireplace, pavers, and other landscaping…

Justia Opinion Summary: In 2019, the Coles entered a stipulation requiring Scott to pay Kikianne child support of $7,537 per month for their two minor children plus bonus child support in accordance with a bonus wages report table, capped by…

Justia Opinion Summary: Genentech manufactures and sells Rituxan, a drug used to treat leukemia and lymphoma. Rituxan is sold in single-use vials. Williamson was diagnosed with follicular lymphoma and was treated with Rituxan. Williamson later…

Justia Opinion Summary: The City of San Diego (the City) placed a citizen’s initiative, Measure C, on the ballot for the March 2020 general and special election. Ballot materials for the measure stated that it required a two-thirds majority to…

Justia Opinion Summary: Jennie requested that Rocky pay $45,000 in attorney fees she was incurring in response to Rocky’s appeals from their judgment of dissolution and from post-judgment efforts to enforce previous orders requiring him to pay…

Justia Opinion Summary: The Committee to Support the Recall of George Gascón (the Committee) filed a lawsuit against defendants Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan and the Office of the Los Angeles County…

Justia Opinion Summary: The Draft Environmental Impact Report (EIR) prepared (California Environmental Quality Act (CEQA) Pub. Resources Code, 21000) for Santa Rita’s West Area Specific Plan did not discuss or analyze any potential off-site…

Justia Opinion Summary: This action represents Metabyte’s fourth attempt to hold Technicolor liable for Technicolor’s allegedly improper auction of a patent portfolio in 2009. After the French courts ruled they lacked jurisdiction in the…

Justia Opinion Summary: In the first appeal arising from Plaintiff-respondent Margaret McCann’s dispute with the City of San Diego over the City’s environmental review process of a project to convert overhead utility wires to an underground…

Justia Opinion Summary: In 2016, San Francisco voters amended their city charter to authorize voting in local school board elections by noncitizen parents and guardians of school-age children. In 2018, the Board of Supervisors enacted an…

Justia Opinion Summary: Matt Vanenti appealed an order denying his post judgment motion for prevailing party attorney fees against the Court of San Diego and granting the City’s motion to strike his. ost memorandum. Valenti made a California…

Justia Opinion Summary: Petitioners Infinity Select Insurance Company and Infinity Property and Casualty Corporation (collectively, Infinity) are named Defendants in a pending action (the instant lawsuit). The instant lawsuit stems from an…

Justia Opinion Summary: Petitioner Gregory Vance, Jr., his girlfriend (and codefendant) Katherine Schumann, and the victim were operating a fraudulent check-cashing scheme. Vance and Schumann suspected the victim of taking more than his share…

Justia Opinion Summary: Plaintiff Gene Moran, who was a patient at Huntington Beach Hospital (the Hospital) three times in 2013, sued defendants Prime Healthcare Management, Inc., Prime Healthcare Huntington Beach, LLC, Prime Healthcare…

Justia Opinion Summary: Based on events that occurred in 1991, when he was a minor, Vaesau was convicted of three counts of attempted premeditated murder and three counts of assault with a firearm, all six of which were accompanied by…

Justia Opinion Summary: School districts may levy “qualified special taxes,” Government Code section 50079, with the approval of two-thirds of district voters. A qualified special tax must “apply uniformly to all taxpayers or all real property…

Justia Opinion Summary: In 2009, A.B., 13 years old, pled no contest to charges and was declared a ward of the juvenile court. The juvenile court successfully terminated his probation and wardship in 2014. Eight years later, A.B. and the County…

Justia Opinion Summary: Plaintiff is a thoracic surgeon. After the stock market crash now known as the “Great Recession” of 2008, Plaintiff’s sister recommended Gregory Acosta and Diamond Bar Executive Benefit Programs & Insurance Services,…

Justia Opinion Summary: The San Bernardino County District Attorney filed a petition against defendant-appellant J.P. alleging he committed second degree robbery, assault with a firearm and carrying a loaded firearm not registered to him in a…

Justia Opinion Summary: Defendant-appellant Ramon Del Rio appealed a the trial court’s decision to redesignate robbery as the basis for his conviction after granting Del Rio’s petition to vacate his two first degree murder convictions under…

Justia Opinion Summary: Before Peter and Debra Last were married in June 2002, they entered into a premarital agreement which included a provision by which Debra purported to waive any right to receive spousal support in the event the marriage…

Justia Opinion Summary: Plaintiff HNHPC, Inc., appealed a judgment entered in favor of Defendants the Department of Cannabis Control (the Department) and Nicole Elliott. The complaint alleged the Department failed to perform its mandatory…

Justia Opinion Summary: Menlo Park police officers responded to a domestic disturbance call from M.O., who stated she was dating Gruis and had discovered nude pictures of her 13-year-old daughter, C.V., on one of his electronic devices.…

Justia Opinion Summary: Five Petitioners argued the Board’s grant-for-study procedure is an unauthorized way to extend the 60-day deadline. A statute requires the Workers’ Compensation Appeals Board (Board) to make a reasoned decision when…

Justia Opinion Summary: The Second Appellate District reversed the trial court’s ruling granting Plaintiffs’ petition for a peremptory writ of mandate prohibiting the Board, the Los Angeles County Auditor and the Los Angeles County Chief…

Justia Opinion Summary: Petitioner sued directors and staff of a structured sober living facility, including a real party in interest Peter Schuster, for dependent adult abuse. The trial court found Petitioner failed to comply with Code of…

Justia Opinion Summary: Defendant Anterion Suggs appeals a judgment following entry of a plea of no contest to misdemeanor possession of a concealed firearm after the trial court denied his motion to suppress evidence of the firearm and…

Justia Opinion Summary: Vilches, the father and guardian of Doe (age 7), took her to Leao for treatment. Vilches later sued Leao to compel the release of Doe’s therapy records. Under Health and Safety Code 123110, the personal representative…

Justia Opinion Summary: The trial court entered a default judgment against Defendant Wanu Water Inc. on June 16, 2020, and on December 7, 2020, Defendant filed a motion to set aside its default and vacate the default judgment under the…

Justia Opinion Summary: Defendant Jason Valle appealed restitution order regarding an undamaged cell phone. Valle and his girlfriend M. got into an argument at defendant’s home. The argument turned physical when defendant headbutted M. in the…

Justia Opinion Summary: Kelsey Carpenter gave birth to a baby girl at home, alone, after deciding that she would not risk having her child removed from her custody as had happened with her two older children when they tested positive for drugs…

Justia Opinion Summary: In 2019, several dozen plaintiffs sued Massage Envy (a franchisor) and Massage Envy franchisees alleging that as adults they were sexually assaulted by massage therapists at California Massage Envy locations from…

Justia Opinion Summary: Mother has seven children by several different fathers: the child at issue in this case—Jayden M. (born 2021). On November 19, 2021, the Los Angeles County Department of Children and Family Services (the Department)…

Justia Opinion Summary: The Second Appellate District dismissed two Appellants’ appeals of the trial court’s post-judgment orders. One Appellant purported to appeal from the trial court’s post-judgment order denying his petition to strike two…

Justia Opinion Summary: A healthcare provider contended it was underpaid for substance abuse treatment that it rendered to 29 patients. Seeking to recover the difference directly from the insurance company, the provider filed suit alleging the…

Justia Opinion Summary: The LLC, managed by Kountze, owns the four-unit building. Kountze lives in one unit. When the LLC acquired the property in 2017, the tenants lived in unit 3. In 2020, the LLC served them with a “Notice of Termination of…

Justia Opinion Summary: In April 2022, Vinson sought a domestic violence restraining order (DVRO) against her former boyfriend, Kinsey, to protect herself, two children she shares with Kinsey (six and 10 years old), and her 19-year-old child…

Justia Opinion Summary: In 2001, G.A. was charged with lewd acts with a child, sexual battery by restraint, and false imprisonment. Finding G.A. incompetent to stand trial, the court committed G.A. to the Redwood Regional Center. G.A. never…

Justia Opinion Summary: After obtaining a judgment against Defendants in a prior case, Plaintiffs filed this action against Defendants, their attorney, and others for fraudulent transfer, quiet title, and declaratory relief. Defendants filed a…

Justia Opinion Summary: The City of Los Angeles (the City) approved a project at 1719-1731 North Whitley Avenue in Hollywood (the Project) that would replace 40 apartments subject to the City’s rent stabilization ordinance (RSO) with a hotel.…

Justia Opinion Summary: Here, a police officer received information via a radio broadcast from another officer that a juvenile on probation with a firearm restriction likely placed a firearm under the front passenger seat in defendant Hilario…

Justia Opinion Summary: Defendant Oscar Lopez was convicted of multiple crimes including: first degree murder and willful, deliberate, and premeditated attempted murder. He was sentenced to 141 years to life. In his direct appeal, the Court of…

Justia Opinion Summary: Defendant appealed from an order summarily denying his petition to vacate his murder conviction and be resentenced under Penal Code section 1172.6.   The Second Appellate District agreed with the trial court that…

Justia Opinion Summary: Barber Group, Inc., doing business as Barber Honda (Barber)—a car dealer in Bakersfield, California—brought an establishment protest to the California New Motor Vehicle Board (Board), challenging a decision by American…

Justia Opinion Summary: In 2016 Martin Mariano, an employee of plaintiff L & S Framing Inc., was working on a residential house under construction when he fell from the second floor onto the concrete ground floor below, sustaining serious…

Justia Opinion Summary: Nicole Woodworth was a registered nurse at Loma Linda University Medical Center (the medical center) from December 2011 to June 2014. In June 2014, she filed this putative class action against the medical center,…

Justia Opinion Summary: In a challenge to the San Francisco Municipal Transportation Agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on the accrual of unpaid parking tickets, the Coalition argued…

Justia Opinion Summary: Plaintiff appealed from a privately compensated temporary judge’s ruling that Plaintiff’s former husband, provided an accounting as to certain stock that was the subject of a marital settlement agreement (MSA). Among…

Justia Opinion Summary: Petitioner filed a petition for writ of mandate challenging the trial court’s denial of her peremptory challenge. The Second Appellate District denied the petition for failure to demonstrate a prima facie case entitling…

Justia Opinion Summary: This case concerns a social worker’s duty to inquire whether a child involved in a dependency proceeding “is or may be an Indian child” under the Indian Child Welfare Act (ICWA), a duty commonly referred to as the…

Justia Opinion Summary: This case was the second round of appeals arising from Dalia Rojas’s lawsuit against HSBC Card Services, Inc. and HSBC Technology & Services (USA) Inc. (together, HSBC) for violations of the California Invasion of…

Justia Opinion Summary: Miguel D. (Father) left his eight-year-old daughter, M.D., alone inside a locked apartment that had no electricity, an empty non-operable refrigerator, and no edible food. After waking up to find her father and his truck…

Justia Opinion Summary: The 186-acre Bollinger Valley, in rural Moraga near St. Mary’s College, is sloped; about half of the proposed project site has grades over 20 percent, and “significant portions” have grades over 35 percent. The property…

Justia Opinion Summary: Esplanade Productions, Inc. sued The Walt Disney Company and affiliated entities (collectively Disney) for breach of an implied-in-fact contract, breach of confidence and unfair competition, alleging Disney had used the…

Justia Opinion Summary: Plaintiffs in two consolidated lawsuits against San Diego Guns, LLC (San Diego Guns) seeking a peremptory writ of mandate to direct the trial court to vacate its ruling that granted summary judgment to San Diego Guns on…

Justia Opinion Summary: Defendant Keandre Session was convicted of five counts of residential burglary, street terrorism, and numerous enhancements. On appeal he argued: (1) the placement of a GPS surveillance device on his vehicle without a…

Justia Opinion Summary: Raul Camacho was installing glass panels when he fell out of a scissor lift manufactured by JLG Industries Inc. (JLG). Camacho failed to latch a chain that was designed to guard the lift’s entrance. Camacho sued JLG for…

Justia Opinion Summary: Defendant acknowledged that in 1991 he “was convicted of provocative act murder.” He appeals a post-judgment order denying his Penal Code section 1172.6 (formerly Section 1170.95) petition to vacate the first-degree…

Justia Opinion Summary: Defendant-appellant MaeReichelle Villamor Marquez appealed a court order directing her to pay restitution to the victim of her crimes. Marquez and two others fraudulently used the identities of 60 prisoners to obtain…

Justia Opinion Summary: Defendant-appellant Marvin Sloan appealed an order finding he qualified as a sexually violent predator (SVP) and committing him to the State Department of State Hospitals. His sole argument on appeal was that the trial…

Justia Opinion Summary: Under the 1976 Migrant Education Act (Ed. Code 54442)., the State Board of Education must adopt a master plan for services to migrant children, requiring “[t]he active involvement of parents, teachers, and community…

Justia Opinion Summary: Malinowski filed for dissolution of her marriage to Martin. While that case was pending, Malinowski filed an ex parte request for a domestic violence restraining order (DVRO) under the Domestic Violence Prevention Act…

Justia Opinion Summary: Defendant Alki David Productions, Inc. (ADP) appealed from the judgment entered in favor of Plaintiff after a jury found ADP liable for whistleblower retaliation under Labor Code section 232.5, which prohibits an…

Justia Opinion Summary: In November 2008, a California trial court sentenced defendant Kelly Kimble to 25 years to life under the former Three Strikes law, plus an additional year for a prior prison term enhancement. In October 2022, defendant…

Justia Opinion Summary: Appellant Shauna Willis appealed an order granting her request for a domestic violence restraining order (DVRO) against her ex-husband, Respondent Ricky Willis. She contended the family court erred under Family Code…

Justia Opinion Summary: After the truck defendant-appellant Joseph Gyorgy was driving was pulled over for making an unsafe lane change, a police officer used his narcotics detection dog to sniff the truck’s exterior. The police dog alerted,…

Justia Opinion Summary: In 2018, Anaheim voters approved a Living Wage Ordinance (LWO). The LWO applied to hospitality employers in the Anaheim or Disneyland Resort areas that benefited from a “City Subsidy.” In 2019, Kathleen Grace and other…

Justia Opinion Summary: The National Center on Missing and Exploited Children reported a tip that username “mrwadleigh@sbcglobal.net” had uploaded 23 images of child pornography to an Adobe account, associated with an AT&T account. Detective…

Justia Opinion Summary: Plaintiff Greenville Rancheria (Greenville) was a sovereign Indian tribe that owned administrative and medical offices (property) in the City of Red Bluff. Following a contested election, defendant Angela Martin was…

Justia Opinion Summary: This appeal was the second relating to a suit brought by the City of Hesperia (the City) against respondents Lake Arrowhead Community Services District and the Board of Directors of Lake Arrowhead Community Services…

Justia Opinion Summary: Rosenberg-Wohl had a State Farm homeowners insurance policy, covering her San Francisco home. The policy required lawsuits to be “started within one year after the date of loss or damage.” In late 2018 or early 2019,…

Justia Opinion Summary: Thai was an IBM employee. To accomplish his duties, he required, among other things, internet access, telephone service, a telephone headset, and a computer and accessories. On March 19, 2020, Governor Newsom signed the…

Justia Opinion Summary: Defendant was convicted of second-degree murder; the jury rejected the special circumstance allegation that the murder occurred during the course of a robbery. In 2019, Defendant filed a petition for resentencing under…

Justia Opinion Summary: Defendant was convicted of second-degree murder in the stabbing death of a man during a street brawl. The jury in Defendant’s case also found a sentencing enhancement alleging that he personally used a knife to be not…

Justia Opinion Summary: Defendant-appellant Marilyn Joy Zemek was convicted by jury of first degree murder (count 1); elder abuse (count 2); two counts of grand theft (counts 3 and 5); identity theft (count 4); and perjury (count 6). Regarding…

Justia Opinion Summary: In 2010, the California Supreme Court upheld a superior court's dismissal of a felony case under Penal Code section 1382 because there was no available judge or courtroom to hear the case. The Supreme Court held, without…

Justia Opinion Summary: Defendant Avco Corporation, a manufacturer of airplane components, appealed the denial of its summary judgment motion, which was based on the statute of repose enacted by Congress as part of the General Aviation…

Justia Opinion Summary: The lawsuit giving rise to this appeal was brought by Plaintiff-appellant Manuel Corrales, on behalf of himself, against the California Gambling Control Commission (the Commission) and the two competing factions of the…

Justia Opinion Summary: Plaintiff Olen Properties Corp. owned commercial property in the City of Newport Beach (the City) within an area known as the Koll Center. The Koll Center was a mixed-use development area, near the John Wayne Airport,…

Justia Opinion Summary: In January 2017, Jackson was convicted through a no-contest plea of felony second-degree burglary and was sentenced to five years of probation, including less than a year in jail. In July 2020, he was charged with having…

Justia Opinion Summary: Defendant attempted to appeal the denial of his petition for resentencing based on Senate Bill No. 483 (2021-2022 Reg. Sess.) (Sen. Bill No. 483). In 2012, Defendant was sentenced to state prison for 49 years to life. He…

Justia Opinion Summary: Madrigal was among several men who got out of a van and beat a man, robbing him of $25-30. One attacker stabbed the victim with a knife. The victim died soon thereafter. A jury found Madrigal guilty of first-degree…

Justia Opinion Summary: The juvenile court found that at a 2020 neighborhood party, 17-year-old D.L. shot and killed a six-year-old boy and shot an adult twice. Video footage showed D.L. running down a hill seconds after the shooting,…

Justia Opinion Summary: Defendant-appellant Seth Hilburn was charged with first degree burglary of an inhabited dwelling, first degree robbery, and carjacking, with allegations that he personally used a firearm in the commission of all three…

Justia Opinion Summary: Plaintiff-appellant Steve Ahn was a sales executive for a title insurer who claimed his sales figures were adversely affected when his employer barred him from using a particular sales pitch to solicit customers from a…

Justia Opinion Summary: Defendants B.G. and D.R. were making a purchase at a convenience store where they exchanged words with a man who was accompanied by his girlfriend and her two young children. A short time after leaving the store, B.G.…

Justia Opinion Summary: This appeal arises from a partition action by Plaintiff against her former significant other, Defendant.  The trial court entered default and a default judgment against Defendant. Nearly two years later, Defendant moved…

Justia Opinion Summary: On August 31, 2012, in San Bernardino County Superior Court, Appellant entered a no-contest plea to one count of assault by means likely to produce great bodily injury. He was placed on three years formal probation.…

Justia Opinion Summary: After sustaining a knee injury during a mandatory eighth-grade physical education class’s touch football unit, Plaintiff sued, among others, defendants Burbank Unified School District (the District) and his physical…

Justia Opinion Summary: Defendant Ahmad Raheem Price petitioned for a writ of prohibition, directing the superior court to grant his motion to set aside the information charging him with the 2019 first degree, premeditated murder of Jovany R.,…

Justia Opinion Summary: Anthony drove the car in which four defendants fled after they shot and killed the brother of a rival gang member. Two bystanders were hit and killed during the ensuing vehicle chase, resulting in two second-degree…

Justia Opinion Summary: The Wongs stored some embryos at a facility that kept them in a cryogenic tank that failed to maintain the temperature necessary to store the embryos. The Wongs’ fertility doctor told them they should consider the…

Justia Opinion Summary: The trial court granted a motion by the Labor Commissioner to amend a judgment to add Plaintiff as an alter ego judgment debtor. Plaintiff appealed. He contends there was “virtually no evidence” he commingled his assets…

Justia Opinion Summary: Plaintiff sued the City and several members of the Inglewood City Council (the council), alleging that after she reported concerns about financial improprieties, the City and the individual defendants defamed and…

Justia Opinion Summary: D.P., C.A. and E.A. (the adoptive parents of D.P.’s two older brothers) appealed an order denying a petition made pursuant to Welfare and Institutions Code section 3881 for placement of D.P. in the siblings’ adoptive…

Justia Opinion Summary: After a joint trial, defendants and appellants Larry Fletcher and Eric Taylor, Jr. were convicted of several crimes stemming from a shooting outside of a convenience store. At trial, an expert opined that both Fletcher…

Justia Opinion Summary: Swan and Hatchett are the parents of triplets born in 2016. They share custody. At a hearing addressing child support, Swan testified from a profit and loss statement that he had prepared for his self-employment as a tax…

Justia Opinion Summary: In March 2020, O’Brien was censured and suspended for one year from his employment as a professor at the University of California, Berkeley, for violating the Faculty Code of Conduct while attending an overseas…

Justia Opinion Summary: Ocie Payne Hinkle (Ocie)2 was an 89-year-old woman who owned several parcels of property in Los Angeles, California. Ocie has an adult son, Ocy. A few years earlier, Ocie had started a relationship with Roi Wilson…

Justia Opinion Summary: In 2006 and 2013, the Foothill/Eastern Transportation Corridor Agency (the Corridor Agency) approved extensions of California State Route 241, and the Environmental Parties along with other environmental organizations…

Justia Opinion Summary: Part of Visitacion’s land in San Francisco’s Visitacion Valley was formerly owned by Southern Pacific, which was, at the time of conveyance (1990), conducting railroad-related business on part of the property. The land…

Justia Opinion Summary: In January 2020, Achane pleaded guilty to willfully inflicting corporal injury on a spouse or cohabitant (case 1); he was sentenced to an upper-term sentence of four years, suspended. On August 6, (case 2) Achane pleaded…

Justia Opinion Summary: Plaintiff worked for Defendant Skyview Capital, LLC. He sued this entity and others in state court after his termination. Skyview moved to compel arbitration. The trial court granted the motion and stayed the…

Justia Opinion Summary: Divine Food and Catering, LLC (Divine) appeals from the dismissal of its malicious prosecution complaint against defendants and respondents the Western Diocese of the Armenian Church of North America (the Diocese), St.…

Justia Opinion Summary: This appeal involved the effect of an antiwaiver provision of the Song-Beverly Consumer Warranty Act on a release executed as part of a pre-litigation settlement between plaintiff-appellant Derek Rheinhart and…

Justia Opinion Summary: Plaintiff filed a complaint alleging seven causes of action against TFMI. Plaintiff alleged he entered into two oral contracts with TFMI for which he has not been paid – one for his management of TFMI farms located in…

Justia Opinion Summary: Ford Motor Company (Ford) appealed from an order denying its motion to compel arbitration of Plaintiffs’ causes of action for breach of warranty, violations of the Song-Beverly Consumer Warranty Act (Civ. Code, Section…

Justia Opinion Summary: Joseph Codinha appealed an order increasing his aggregate prison term by 16 months in response to a letter from the Department of Corrections and Rehabilitation (the Department) informing the trial court it had…

Justia Opinion Summary: After shooting his ex-girlfriend and her boyfriend, Defendant was convicted by a jury of the following: two counts of premeditated attempted murder; two counts of assault with a deadly weapon; one count of inflicting…

Justia Opinion Summary: Plaintiffs Richard Lauckhart and Sharon and Ronald Baumgartner as trustees of the Baumgartner Family Revocable Trust filed suit to prevent defendant El Macero Homeowners Association, a California nonprofit mutual benefit…

Justia Opinion Summary: The City of San Diego (City) appealed a judgment entered in favor of Save Our Access on its petition for writ of mandate challenging the City’s approval of a 2020 ballot measure proposing amendments to the San Diego…

Justia Opinion Summary: Nicholas Yedinak petitioned for mandamus relief, challenging the trial judge’s order denying him bail. Yedinak was charged with two counts of felony child abuse based on allegations he inflicted severe, nonaccidental…

Justia Opinion Summary: The Privette doctrine limits a property owner’s potential liability for on-the-job injuries sustained by employees of an independent contractor. An exception to the Privette doctrine’s rule of nonliability in cases…

Justia Opinion Summary: The Monte Vista Villas Project, on the site of the former Leona Quarry, has been in development since the early 2000s. The developers planned to close the 128-acre quarry site, reclaim it, and develop the land into a…

Justia Opinion Summary: Under the Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act or the Act), a debt collector may not “collect or attempt to collect a consumer debt by means of judicial proceedings when the debt collector…

Justia Opinion Summary: Bennett, an oral and maxillofacial surgeon, purchased three disability income insurance policies from National in 1984, 1991, and 1995. Under the policies, monthly benefits were payable for life if he was totally…

Justia Opinion Summary: S.B. (father) appealed from the juvenile court’s order terminating his parental rights over his daughter H.B. pursuant to Welfare and Institutions Code1 section 366.26. Father contends only that the juvenile court erred…

Justia Opinion Summary: In 2018, voters in the City of South Lake Tahoe (City) enacted Measure T, an initiative that prohibited the use of dwellings in residential zones as short-term or vacation rentals. Measure T amended the City’s vacation…

Justia Opinion Summary: Defendent Ernest Tilley pled no contest to robbery and admitted a prior strike conviction, for which he was sentenced to the middle term, doubled pursuant to the strike. Tilley appealed, arguing: (1) the trial court…

Justia Opinion Summary: The Court of Appeal reversed the judgment of the juvenile court denying Father's request for an evidentiary hearing on his petition filed under Cal. Welf. & Inst. Code 388 to reinstate reunification services with Minor,…

Justia Opinion Summary: San Diego City Attorney Mara Elliott successfully moved to strike a defamation complaint filed against her by a former political rival, Cory Briggs, under the California anti-SLAPP (Strategic Lawsuit Against Public…

Justia Opinion Summary: The Court of Appeal affirmed the judgment of the trial court entered in favor of East Bay Municipal Utility District (EBMUD) on Plaintiffs' purported class action complaint, holding that the trial court did not err in…

Justia Opinion Summary: The Court of Appeal denied a writ of mandate sought by Petitioner to compel the superior court to dismiss the allegation that he committed various crimes "for the benefit of, at the direction of, or in association with a…

Justia Opinion Summary: Defendant inmates Jesse Farias and Fernando Miranda were found guilty of various charges stemming from their attack on a fellow inmate. Defendants, their counsel, and the State then agreed to allow the trial court to…

Justia Opinion Summary: Plaintiff-appellant Ratilal Shah sued the California Department of Transportation and the State Merit Award Board (Board), alleging the Board wrongfully denied him cash awards for suggestions that saved the state money.…

Justia Opinion Summary: An arbitrator issued subpoenas to compel two individuals, who were not parties to the arbitration, to appear and produce documents at a hearing specially set “for the limited purpose of receiving documents” from them, or…

Justia Opinion Summary: Waqa was convicted of forcible rape after he sexually assaulted a woman in a public restroom. Because Waqa moved the victim from the restroom’s small stall to its large stall before raping her, the jury also found true…

Justia Opinion Summary: Defendant-appellant Darrick Ocegueda was convicted by jury for first degree murder. He contended on appeal that the trial court misinstructed the jury on the theory of provocation as it related to the premeditation and…

Justia Opinion Summary: The City of Pomona (the City) decided to allow commercial cannabis activities in specific locales within its boundaries. In doing so, the City determined it was exempt from the requirements of the California…

Justia Opinion Summary: To reduce wildfire risk on a large swath of hilly, forested, and fire-prone land on the University’s Hill Campus, the Regents prepared and approved a plan for vegetation removal projects. The Regents prepared and…

Justia Opinion Summary: The complaint, filed in September 2021, alleged that “San Francisco’s criminal legal system is in a state of crisis,” as over 400 criminal defendants had cases pending past their statutory deadline for trial. Of the…

Justia Opinion Summary: The City of San Buenaventura (City) removed a statute of Father Junípero Serra because it is now offensive to significant members of the community. This appeal stems from the denial of the Coalition for Historical…

Justia Opinion Summary: Since 1961, Santa Clara County has owned and operated Reid-Hillview Airport, a reliever airport for the San Jose International Airport. Reid-Hillview serves all aviation other than commercial passenger flights and air…

Justia Opinion Summary: Tulare Lake Canal Company (TLCC) filed a petition for writ of mandate alleging Stratford Public Utility District (SPUD) failed to comply with the California Environmental Quality Act (CEQA) when it granted an easement…

Justia Opinion Summary: Plaintiff worked as an electrical foreman for Braaten Electric, Inc. Braaten Electric, Inc. was hired as a subcontractor by Defendant Potential Design, Inc. and its owner to work on electrical installations for two…

Justia Opinion Summary: Defendant Loretta Stiles lived in a Laguna Woods residential unit (the property) owned by Dan Blechman. Stiles was permitted to live at the property by Blechman without provision for the payment of rent or the duration…

Justia Opinion Summary: In January 2023, Assembly Bill 1936 changed the name of the former “Hastings College of the Law” to “College of the Law, San Francisco.” The plaintiffs challenged the constitutionality of AB 1936. The College’s Dean and…

Justia Opinion Summary: A jury convicted Defendant of being a felon in possession of a gun. The jury also convicted him of second-degree murder, finding he had personally and intentionally discharged a gun causing death. On appeal, Defendant…

Justia Opinion Summary: Zaal Aresh appealed an order vacating a judgment he obtained to enforce his attorney fee lien and to collect the fees and costs he earned in two cases from the settlement funds recovered in those cases. His dispute was…

Justia Opinion Summary: The Regional Water Quality Control Board, Los Angeles Region (Regional Board) renewed permits allowing four publicly owned treatment works (POTWs) to discharge millions of gallons of treated wastewater daily into the Los…

Justia Opinion Summary: Plaintiffs were stockholders of Sempra when the Aliso Canyon Natural Gas Storage Facility (Aliso Canyon facility) experienced a natural gas leak (Aliso gas leak). Sempra was a California corporation “whose operating…

Justia Opinion Summary: The trial court entered judgment for Respondent in this breach of contract claim. The Second Appellate District affirmed and also imposed sanctions against Appellant's counsel for filing a frivolous appeal. The Second…

Justia Opinion Summary: In May 2022, Defendant filed a motion to vacate his sentence on the basis that the 230 years to life sentence was unauthorized because his three prior violent or serious felony convictions under the “Three Strikes” law…

Justia Opinion Summary: Robin J. appealed the denial of her request to renew a domestic violence restraining order (DVRO) against Michael M., the father of their two children. The Court of Appeal concluded the trial court misapplied the law in…

Justia Opinion Summary: In 2006, Redland, acting as a trustee, obtained a reverse mortgage line of credit from FFSF. She owned two parcels. Redland died in 2015. Dupree, an attorney, became the successor trustee. A series of bank failures,…

Justia Opinion Summary: CalSTRS is a “unit of the Government Operations Agency” authorized to invest the assets of the Teachers’ Retirement Fund (Ed. Code, 22001, 22203). In 2016, CalSTRS formed two LLCs for the purpose of acquiring two…

Justia Opinion Summary: Defendant-appellant Travis Cody petitioned for postconviction relief under California Penal Code former section 1170.95. In 2012, a jury found Cody and codefendant Steven Banister guilty of murder during a home invasion…

Justia Opinion Summary: Petitioner petitioned for a writ of habeas corpus challenging Governor Gavin Newsom’s reversal of her 2020 grant of parole. Petitioner is serving concurrent sentences of seven years to life for the 1969 murders which she…

Justia Opinion Summary: In 2016, petitioner Daniel Garcia was diagnosed as having porphyria, an extremely rare condition that is potentially fatal, especially if not properly treated. Garcia was in jail awaiting trial on charges including…