California Courts of Appeal Decisions 2023

Justia Opinion Summary: Plaintiff was employed from April 2018 to August 2019 by Defendant EmployBridge, LLC, which does business in California as Select Staffing. In March 2018, as part of her employment application, Plaintiff electronically…

Justia Opinion Summary: In 2002, the decedent wrote a letter purporting to be a will. No one witnessed the deceased sign the will. In the will, the decedent left certain property to her then-girlfriend. The couple broke up in 2003 and the…

Justia Opinion Summary: Petitioner Raji Rab contended that by allowing Los Angeles County workers to scan vote by mail ballots into the Voting Solutions for All People (VSAP) system (the computer hardware and software system used to capture and…

Justia Opinion Summary: After defendants Frayba and William Tipton pled guilty to committing insurance fraud, they were ordered to pay victim restitution to Nationwide Insurance Company of America (Nationwide). Later, Nationwide petitioned the…

Justia Opinion Summary: As four medically comprised inmates who required skilled nursing care were approaching their parole dates, the California Department of Corrections and Rehabilitation (CDCR) unsuccessfully attempted to locate post-parole…

Justia Opinion Summary: Ring manufactures and sells home security and smart home devices including video doorbells, security cameras, and alarms. The plaintiffs purchased video doorbell and security camera products from Ring and subsequently…

Justia Opinion Summary: The Contra Costa County Superior Court found McKneely, the defendant in multiple criminal actions, incompetent to stand trial. McKneely was admitted to Napa State Hospital. A year later, the Department of State…

Justia Opinion Summary: The Sativa Water District was created in 1938 under the County Water District Law to provide potable drinking water to the residents living in a neighborhood in the unincorporated community of Willowbrook and parts of…

Justia Opinion Summary: On November 3, 2020, the voters of San Bernardino County passed Measure K, amending the county charter so as to: (1) limit a supervisor to a single four-year term; and (2) limit a supervisor’s compensation to $5,000 a…

Justia Opinion Summary: Plaintiff obtained a $425,562 jury verdict in his favor on his claim that the California Department of Tax and Fee Administration (the Department) retaliated against him for filing an internal complaint with its Equal…

Justia Opinion Summary: A trial court disapproved certain disbursements made by the trustee of a special needs trust, and it surcharged the trustee. The trustee appeals, claiming the trial court abused its discretion by imposing the wrong…

Justia Opinion Summary: John MM. Doe, by and through his guardian ad litem, C.M. (Doe’s mother), and B.S. (Doe’s father) (collectively real parties in interest), sued petitioner Victor Valley Union High School District (the district) for…

Justia Opinion Summary: During a confrontation with three strangers, defendant Thomas Scott shot and killed one of them. As a result, he was convicted of voluntary manslaughter, with various enhancements and one “strike” prior felony…

Justia Opinion Summary: Plaintiff Kamiya Perry appealed a judgment entered in favor of defendant Kia Motors America, Inc. (Kia) after a jury found in favor of Kia in her automobile defect trial. On appeal, she argued: (1) the trial court abused…

Justia Opinion Summary: EBMUD, a municipal utility, provides water and wastewater services to the residents of Alameda and Contra Costa counties. The plaintiffs have paid for EBMUD water service since before July 2018. In 2017, EBMUD adopted…

Justia Opinion Summary: Under the California Fostering Connections to Success Act, certain dependents and wards of the juvenile court may remain under the court’s "continuing jurisdiction" and receive financial assistance as “nonminor…

Justia Opinion Summary: RAR2 Villa Marina Center CA SPE, Inc., RAR2-Villa Marina Center CA, LLC, and Villa Marina Company, LLC (collectively, Villa entities) appealed from a judgment entered in this property tax refund action after the trial…

Justia Opinion Summary: Defendant appealed from a judgment of conviction after the jury found him guilty with respect to four victims of three counts of false imprisonment by violence; three counts of forcible oral copulation; three counts of…

Justia Opinion Summary: In 2005, the Regents adopted a long-range development plan (LRDP) for UC Berkeley through the year 2020. An Environmental Impact Report (EIR, California Environmental Quality Act (Pub. Resources Code, 21000) noted the…

Justia Opinion Summary: Plaintiff was employed by Defendant and, as a condition of employment, was required to get a flu vaccine. Plaintiff sought an exemption based on a medically recognized contraindication, presenting a doctor's note that…

Justia Opinion Summary: In this case involving the proposed redevelopment of the Redondo Beach waterfront, the Second Appellate District reversed its previous order awarding attorney's fees to Defendant. After the court initially awarded…

Justia Opinion Summary: The Settlor of a trust, who is both the trustor and trustee, sought to amend his trust. The trust document provides that to amend the trust, he must send the document by certified mail to the trustee. The Settlor failed…

Justia Opinion Summary: Recognizing the limitations of the Batson/Wheeler inquiry, the California Legislature enacted Assembly Bill No. 3070 (2019-2020 Reg. Sess.) to add Code of Civil Procedure section 231.7, which created new procedures for…

Justia Opinion Summary: In this labor dispute, Petitioner, the employer, filed a statement of disqualification seeking to remove the trial judge based on comments made during oral argument. However, Petitioner waited one year after the judge's…

Justia Opinion Summary: In 2010, Stephen Clevenger committed suicide in an Orange County jail. Lesley Feliz, guardian ad litem for Clevenger’s daughter, then engaged in years of unsuccessful litigation in federal court against the County of…

Justia Opinion Summary: Plaintiff sued her former employer Xceed Financial Credit Union (Xceed) for wrongful termination and age discrimination in violation of the Fair Employment and Housing Act (FEHA). The case was submitted to binding…

Justia Opinion Summary: A jury convicted Defendant of human trafficking of a minor for a commercial sex act, misdemeanor false imprisonment, and forcible rape in concert of a minor 14 years or older as an aider and abettor.  On appeal,…

Justia Opinion Summary: Plaintiff was a resident at a residential skilled nursing facility when she sustained injuries in a fall. She sued the facility, Capistrano Beach Care Center, LLC dba Capistrano Beach Care Center (CBCC), and its…

Justia Opinion Summary: This lawsuit arises from a motor vehicle accident that Plaintiff alleges occurred when a tractor-trailer rear-ended the school bus she was driving. Plaintiff and a passenger on the school bus (collectively, Plaintiffs),…

Justia Opinion Summary: Plaintiff Niki-Alexander Shetty purchased a home that had been foreclosed upon by a homeowners association. The home, however, was still subject to a defaulted mortgage and deed of trust between the bank and the original…

Justia Opinion Summary: The Plan is a nonprofit health care service plan subject to Health & Safety Code 1340, including the Parity Act, under which: “Every health care service plan contract . . . that provides hospital, medical, or surgical…

Justia Opinion Summary: After mother was released from a section 5150 hold, the Agency and mother agreed to a safety plan whereby 11-month-old S.F. would remain in maternal grandmother’s care. Mother violated the safety plan. Father was then…

Justia Opinion Summary: Newborn A.H. was placed in a foster home. The Agency reported that it had denied a request for placement by J.B., a “nonrelative extended family member” (NREFM, Welf. & Inst. Code 362.7). J.B. filed a “Relative…

Justia Opinion Summary: A.C. (Mother) challenged a juvenile court’s dispositional finding that the Indian Child Welfare Act of 1978 did not apply to the dependency proceedings to her five children. Mother contended that San Bernardino County…

Justia Opinion Summary: C.E. (mother) appealed an order terminating her parental rights to I.E. (the child) and freeing the child for adoption. Mother’s sole claim on appeal was that the juvenile court erred by ruling the parental benefit…

Justia Opinion Summary: In 2021, police identified Andre Lepere as a person of interest through DNA “Investigative Genealogy.” In 1980, a 79-year-old woman was raped and murdered in her Anaheim home. Police booked a rape kit into evidence. In…

Justia Opinion Summary: Maria chose her family’s benefits during her 2014 orientation, using Coppola laptops. Coppola’s HR team was available to answer questions. The authorization agreement notifies enrollees that "clicking the SAVE button…

Justia Opinion Summary: The County of San Diego filed a test claim with the Commission on State Mandates seeking reimbursement from the State for costs the County incurred to prepare for, and attend, criminal proceedings known as "Franklin"…

Justia Opinion Summary: Samsara rented San Francisco office space from Rreef for a ten-year term, to be in “delivery condition” by November 1, 2019. Samsara provided an $11,384,368.00 letter of credit as “collateral for the full performance.”…

Justia Opinion Summary: Plaintiff was injured by fellow fans at the Los Angeles Memorial Coliseum (Coliseum) near the end of a Los Angeles Rams football game. Plaintiff, his wife, and two daughters brought an action against Contemporary…

Justia Opinion Summary: Defendants appealed from judgments of conviction entered after a jury found them each guilty of one count of grand theft. Defendants contend there was insufficient evidence to support their convictions because the…

Justia Opinion Summary: Having accidentally locked himself out of his apartment and unable to obtain assistance from the managers of the building, Plaintiff went to the roof of the building and attempted to drop down onto the balcony of his…

Justia Opinion Summary: The Lifeline Program provides discounted telecommunications services to low-income Californians. The California Public Utilities Commission (CPUC) administers the program under Pub. Util. Code 871. A “third-party…

Justia Opinion Summary: Plaintiff is a former employee of appellant Cambrian Homecare. When she was hired, Plaintiff signed a written arbitration agreement. Plaintiff brought wage-and-hour claims against Cambrian. Cambrian petitioned for…

Justia Opinion Summary: Defendants-appellants City of Huntington Beach (Huntington) and the City Council of Huntington Beach (City Council; collectively, the City) appealed the grant of attorney fees in favor of plaintiff and respondent The…

Justia Opinion Summary: Defendant-appellant Alex Alexander challenged the constitutionality of laws prohibiting felons from possessing firearms and ammunition under the Second Amendment in light of the United States Supreme Court’s recent…

Justia Opinion Summary: The eight-acre San Jose City View Plaza contained nine buildings, including the Bank, built in 1971, which later housed the County Family Court. The Bank was eligible for listing on the California Register of Historic…

Justia Opinion Summary: Employer, a temporary staffing company, hired Young as a temporary worker in 2013 and assigned Young to a temporary position at BOW. On Friday, August 16, Young had a telephone altercation with Employer’s representative,…

Justia Opinion Summary: In 2020, challenger Joe E. Collins III and incumbent Maxine Waters competed for a seat in Congress. During the campaign, Waters accused Collins of a dishonorable discharge from the Navy. Collins shot back that he had not…

Justia Opinion Summary: Defendants hired Plaintiff as a nanny. Defendants terminated Plaintiff’s employment. They hoped Plaintiff would release potential claims against them in exchange for a severance payment. Defendants asked a friend (who…

Justia Opinion Summary: After the enactment of AB 5 and the filing of Proposition 22 but before the effective date of AB 2257—Plaintiff filed suit against LPL Financial LLC under the Private Attorneys General Act (PAGA). LPL is a registered…

Justia Opinion Summary: This dispute arose out of 2011 legislation that dissolved California’s redevelopment agencies and created a process for winding down their affairs. The Department of Finance (Department) determined that certain…

Justia Opinion Summary: Based on a 2021 shooting death, a jury convicted Hiller of second-degree murder, Penal Code 187(a), and being a felon in possession of a firearm, section 29800(a)(1). The court found true several enhancement allegations,…

Justia Opinion Summary: Defendant-appellant Angelo Sherman petitioned for resentencing nearly 20 years after multiple convictions and receiving a sentence of 123 years to life for raping and sexually assaulting five different women, with a…

Justia Opinion Summary: The Agency filed a Welfare and Institutions Code section 300 petition on behalf of eight children, alleging sexual abuse. Mother initially indicated that her deceased mother “had some Native ancestry.” Father reported…

Justia Opinion Summary: Delores Attig was murdered in 1986. She was with two male friends smoking and talking in their car when they were attacked by four male assailants, two of them armed with guns. The assailants bound her friends and robbed…

Justia Opinion Summary: In 2015, a conservatorship of the estate of Thomas Tedesco, a wealthy nonagenarian (Thomas), was created, and Thomas requested the appointment of respondent David Wilson, an independent professional fiduciary, as…

Justia Opinion Summary: Kinney, an adjudicated vexatious litigant and disbarred former attorney, obtained leave to pursue an appeal from the final judgment in this probate proceeding. Leave was granted not because Kinney made the necessary…

Justia Opinion Summary: Moses attended a gathering at a condominium Roger-McKeever rented. Two years later, Moses filed suit for injuries. Moses alleged that, upon her arrival, she mentioned to Roger-McKeever that the entryway was dark.…

Justia Opinion Summary: In 2014 the Los Angeles City Council passed a resolution directing various City departments and officials to prepare and execute the necessary approvals and agreements to convey the property to Childhelp in exchange for…

Justia Opinion Summary: In this insurance coverage action, Defendant Stillwater Insurance Company (Stillwater) contends that an animal liability exclusion in the insured’s homeowner’s insurance policy (the policy) precludes any duty to defend…

Justia Opinion Summary: After years of what the Los Angeles Unified School District (LAUSD) viewed as unsatisfactory teaching performance by a certificated teacher, LAUSD served the teacher with a Notice of Intent to Dismiss and a Statement of…

Justia Opinion Summary: Plaintiff 65282 Two Bunch Palms Building LLC, (Two Bunch) orally leased an industrial building in Desert Hot Springs to Coastal Harvest II, LLC, (Coastal Harvest) for the indoor cultivation of cannabis. When, after two…

Justia Opinion Summary: Appellants were the maternal grandparents of the dependent child C.P. At a permanency hearing under Welfare and Institutions Code section 366.26, the juvenile court ordered a legal guardianship for the child and…

Justia Opinion Summary: Young alleged that Midland improperly pursued a debt collection lawsuit and obtained a default judgment against her for a delinquent credit account of $8,529.93. She sought vacatur of the default judgment and damages…

Justia Opinion Summary: The City of Lemoore (City) appealed following a jury verdict in favor of Plaintiff, who was injured when he tripped over an uneven portion of a City sidewalk. The City asks us to declare the offending portion of the…

Justia Opinion Summary: Petitioner sought an alternative writ of mandate/prohibition after the superior court denied his Penal Code section 995 motion to dismiss a charge for active participation in a criminal street gang. In the motion,…

Justia Opinion Summary: Starlight Cinemas, Inc., Akarakian Theaters, Inc. (collectively, Starlight) appealed from a judgment entered in favor of Defendant Massachusetts Bay Insurance Company (MBIC) after the trial court granted MBIC’s motion…

Justia Opinion Summary: Appellants Crestwood Behavior Health, Inc. (Crestwood), West Anaheim Extended Care and Extended Care Hospital of Westminster (West Anaheim), and Royale Health Care Center dba South Coast Post Acute (South Coast)…

Justia Opinion Summary: The landlord is a four-member LLC with a single asset--a building in downtown Napa. The tenant, Stone Brewing, a large beer brewing and retail corporation, operates a brewpub in the building. Stone Brewing did not pay…

Justia Opinion Summary: Berry sued Frazier, a veterinarian, for nominal and punitive damages based on the circumstances surrounding the euthanasia of her cat. Her complaint alleged that Berry secured Frazier’s services to perform humane…

Justia Opinion Summary: Plaintiff was a long-term employee of Defendant St. Cecilia Catholic School. In her final year of employment, Defendant worked part-time as an art teacher and office administrator. Following her discharge, Defendant…

Justia Opinion Summary: Defendant Alex Bocanegra and Vernon R. were very close friends for decades. However, one Christmas, defendant, who was married, slept with Vernon R.’s girlfriend. The next year, Vernon R., by his account, slept with…

Justia Opinion Summary: Plaintiff Manuel Hernandez appealed the judgment entered after the trial court granted summary judgment in favor of defendant City of Stockton (City) based on his failure to comply with the claims presentation…

Justia Opinion Summary: Plaintiff filed a class action lawsuit against Medical Center seeking declaratory and injunctive relief and alleging violations of the unfair competition law (UCL) and the Consumer Legal Remedies Act (CLRA) in connection…

Justia Opinion Summary: Glassman prevailed in an uninsured motorist (UIM) arbitration against Safeco. The arbitration agreement was contained in a Safeco umbrella policy that provided excess UIM benefits, above those afforded by Glassman’s…

Justia Opinion Summary: Edelweiss brought a qui tam action against financial institutions (California False Claims Act (Gov. Code 12650) (CFCA)), alleging that the defendants contracted to serve as remarketing agents (RMAs) to manage California…

Justia Opinion Summary: Wellsfry, playing golf on OCP's course, parked his golf cart, not noticing any trees or tree roots in the area. He left his cart, took a shot, and walked down a “gentle slope” toward his cart. He felt “searing pain” and…

Justia Opinion Summary: Plaintiffs appealed from a judgment dismissing their lawsuit against Defendant following Defendant’s successful motion for judgment on the pleadings on the sole claim in the operative complaint, malicious prosecution.…

Justia Opinion Summary: The Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation California (Chumash) appealed a judgment following the granting of a motion for summary judgment in favor of Lexington Insurance Company…

Justia Opinion Summary: Defendant-appellant Krissy Werntz sought resentencing under Penal Code section 1172.6. After holding an evidentiary hearing, the trial court denied the petition, finding that the prosecution proved beyond a reasonable…

Justia Opinion Summary: Plaintiff-appellant Jayde Downey appealed the dismissal of her case after a trial court sustained without leave to amend the demurrers of defendants-respondents Ara and Vahram Sevacherian (collectively, Sevacherian) and…

Justia Opinion Summary: McCormick sought disability retirement based on symptoms caused by her office environment. The California Public Employees’ Retirement System (CalPERS) denied her application. The court of appeal held that CalPERS…

Justia Opinion Summary: This case involves disputes over the disposition of assets. The assets at issue include monies and real and personal property assets held in trust pursuant to the Albert R. Pool Family Revocable Trust (“Original Trust…

Justia Opinion Summary: When she was hired by Kindercare, Westmoreland signed a “Mutual Arbitration Agreement Regarding Wages and Hours,” including a “Waiver of Class and Collective Claims” and a “Savings Clause & Conformity Clause,” stating…

Justia Opinion Summary: In 2016, Fredrickson (age 23) was charged, based on the discovery of honey oil (concentrated cannabis), marijuana, and equipment for honey oil production at her house. In 2019, Fredrickson pleaded no contest to…

Justia Opinion Summary: In 2004, Wilson was charged with shooting three people, killing two. Wilson argued that a deceased third party was the actual perpetrator. A jury found Wilson guilty of two counts of first-degree murder and one count of…

Justia Opinion Summary: This appeal arises from litigation involving a public construction project to build the Central Region 9th Street Span K-8 school in downtown Los Angeles. The Los Angeles Unified School District (LAUSD or District) and…

Justia Opinion Summary: Plaintiff signed an arbitration agreement with Empire Nissan, Inc. Nissan fired Fuentes, she sued, and Nissan moved to compel arbitration. The trial court found the arbitration agreement unconscionable and denied the…

Justia Opinion Summary: Plaintiff signed an online arbitration agreement before starting work at a car dealership. He had to sign if he wanted a job: the car dealership presented it as a take-it-or-leave-it mandatory condition. Plaintiff signed…

Justia Opinion Summary: Venetian Condominiums Maintenance Corporation was a condominium project with 368 condominium units in the University Town Center area of San Diego. It was a nonprofit mutual benefit corporation governed by the California…

Justia Opinion Summary: The Map, filed with the Alameda County Recorder’s Office in 1854, depicts lots 15-18. In 1877, those lots were conveyed with others and were separately identified. Lots 15-18 were transferred in a single conveyance in…

Justia Opinion Summary: In 2015, after his co-defendant stole a camera from tourists, Fox shot at the tourists as the two fled. Fox was charged with eight felony counts, exposing him to a life sentence. He pleaded guilty to robbery, admitted to…

Justia Opinion Summary: Three community stakeholders moved to intervene in several lawsuits challenging the authority of the California Coastal Commission (Commission) to ban all off-highway vehicle (OHV) use at Oceano Dunes State Vehicular…

Justia Opinion Summary: In 2008, as part of the defendants’ application for approval of Onglyza and Kombiglyze XR, two diabetes drugs with saxagliptin as the active ingredient, the FDA’s Endocrinologic and Metabolic Drugs Advisory Committee…

Justia Opinion Summary: Air 7, LLC, a Delaware limited liability company, and its owner, the Peter J. Koral Trust, owned a Gulfstream G-550 jet aircraft. Air 7’s headquarters were located at the Camarillo Airport in Ventura County. The owner…

Justia Opinion Summary: Coulthard was convicted of abducting his eight-year-old daughter after he failed to return the child to her mother in the United Kingdom (Pen. Code 2781 ). For this offense, the trial court suspended the imposition of…

Justia Opinion Summary: M.C. (mother) appealed the termination of parental rights to two of her children (the children) under Welfare and Institutions Code section 366.26. She contends that the juvenile court failed to determine whether it had…

Justia Opinion Summary: Article XIIIC was added to the California Constitution in 1996 after the passage of the Right to Vote on Taxes Act, or Proposition 218. Article XIIIC required that any new tax or increase in tax be approved by the…

Justia Opinion Summary: After the San Francisco Planning Commission approved a final mitigated negative declaration for the owner’s proposed renovation of a residence, Kaufman, the owner of an adjacent property, appealed the matter to the San…

Justia Opinion Summary: The Department of Children and Family Services detained infant boy S.S. at birth, based on exigency, alleging his parents abused drugs and S.S. was born testing positive for various drugs. The juvenile court detained…

Justia Opinion Summary: When A.F. was 11 years old, she applied for a domestic violence restraining order (DVRO) against her father, Jeffrey F., who held joint legal custody with her mother, Andrea F. Mother was the original guardian ad litem…

Justia Opinion Summary: Defendant Daniel Webb was an amputee with only one leg. He challenged his conviction for assault with a deadly weapon, claiming he lacked the present ability to commit a violent injury when, balanced on his remaining leg…

Justia Opinion Summary: Petitioner sought dismissal of the third attempt by the Merced County District Attorney to prosecute him for felony escape by force or violence under Penal Code section 4532, subdivision (b)(2). The People argued the…

Justia Opinion Summary: Saucedo was convicted of two counts of murder and one count of evading a police officer causing injury, after a stolen truck he was driving collided with another truck and killed two young girls. He was sentenced to…

Justia Opinion Summary: The University's adjunct faculty taught individual classes on a semester-by-semester basis. Their appointment letters referred to the Collective Bargaining Agreement, specified a per-course salary, and estimated the…

Justia Opinion Summary: Defendants were arrested and convicted of murder charges after law enforcement obtained a geofence warrant, leading to the discovery of evidence connecting them to the crime. Defendants filed motions to quash and…

Justia Opinion Summary: In a joint trial involving a gang shooting, a jury convicted Daniel Ramos and Elias Ramos of: first degree murder; attempted first degree murder; and possession of a firearm by a felon. The jury also made true findings…

Justia Opinion Summary: On December 29, 2022, Petitioner filed a petition for writ of mandate challenging a November 7, 2022, order of the superior court granting Petitioner’s request for trial setting preference under Code of Civil Procedure…

Justia Opinion Summary: The plan for the 1990 robbery-burglary was for Grady to drive Adger and Oliver (age 23) to Jimenez’s house for a transaction involving cocaine valued at approximately $60,000. Adger indicated he intended to kill Jimenez…

Justia Opinion Summary: The question presented for the Court of Appeal in this case was whether California could lawfully require anyone who seeks to vote in a presidential primary for a candidate of a particular political party to associate…

Justia Opinion Summary: Jessica G. (Mother) appealed a juvenile court’s order terminating parental rights to her son, Robert F. Relying on subdivision (b) Welfare and Institutions Code section 224.2, Mother argued that the Riverside County…

Justia Opinion Summary: Plaintiffs Oscar and Audrey Madrigal sued defendant Hyundai Motor America (Hyundai) under California’s automobile lemon law. Early in the case, Hyundai made two offers to compromise under Code of Civil Procedure section…

Justia Opinion Summary: In May 2022, the juvenile court granted a motion to transfer defendant minor T.A. from juvenile court to a court of criminal jurisdiction. T.A. argued the Court of Appeal should remand so the juvenile court could…

Justia Opinion Summary: Appellant Madera County Department of Social Services (department) appealed from the juvenile court’s orders issued at a combined hearing for family reunification review and disposition from a Welfare and Institutions…

Justia Opinion Summary: Sonny Kim Thai appealed a trial court’s order denying his petition for termination from the sex offender registry and ordering he could not file another petition for five years. Thai argued insufficient evidence…

Justia Opinion Summary: Plaintiffs William Thompson and Simon Cole were professors at the University of California, Irvine, and taxpaying residents of Orange County. They filed a taxpayer lawsuit under California Code of Civil Procedure section…

Justia Opinion Summary: Bird Rides, Inc. (Bird) launched its electric motorized scooter rental business in the City of Los Angeles (the City) by deploying hundreds of Bird scooters onto the City’s streets and sidewalks. Plaintiff and her…

Justia Opinion Summary: Coast Restaurant Group appealed the dismissal of its case. The trial court sustained respondent AmGUARD Insurance Company’s demurrer to the operative complaint without leave to amend. Appellant contended the court erred…

Justia Opinion Summary: Tax assessors sometimes appraise commercial property using the income method: they forecast yearly income the property will yield and discount the future stream to present value. This method requires assessors to…

Justia Opinion Summary: This case concerned California’s efforts to relicense its hydropower facilities at Oroville Dam. Before the license expired, California’s Department of Water Resources (DWR) began the process for relicensing these…

Justia Opinion Summary: In February 2001, Bounthanom Didyavong was convicted by jury of first degree murder for his role in the 1998 gang-related beating and shooting death of David D. In May 2019, following California’s adoption of Senate Bill…

Justia Opinion Summary: Shemran, Inc. (Shemran) appealed the denial of its motion to compel arbitration of a Labor Code Private Attorneys General Act of 2004 (PAGA) action brought by a former employee, Blaine Nickson. The motion was based on…

Justia Opinion Summary: Petitioner Vondetrick Carr drove drunk with four children in his car. He ran three red lights; the third time, while going 70 miles an hour, he hit a pickup truck. One of the children was killed. As a result, in 2004,…

Justia Opinion Summary: This case involves the City of Clovis’s (City) housing element and related zoning ordinances and whether they comply with specific statutory requirements designed to assure affordable housing opportunities to…

Justia Opinion Summary: Reliant Life Shares, LLC (Reliant or LLC) was a profitable limited liability company owned in equal parts by three members. Two of them, SM and DC, were longtime friends and business partners. After DC stopped working…

Justia Opinion Summary: Plaintiff, doing business as The Soni Law Firm (collectively Soni), appealed from a judgment awarding attorney fees under the Mandatory Fee Arbitration Act (MFAA in favor of Defendants Timothy Tierney and Cartograph,…

Justia Opinion Summary: The Commission on Teacher Credentialing (Commission) and its Committee of Credentials (Committee) (collectively, defendants) appealed the grant of mandamus relief to petitioner Russell Earnest, setting aside the…

Justia Opinion Summary: In 2015, Nijmeddin was sentenced to an indeterminate life term, consecutive to a determinate term, for murder, attempted voluntary manslaughter, assault with a deadly weapon, and possession of narcotics. In 2023, the…

Justia Opinion Summary: In the first part of a bifurcated trial, a jury found Jones guilty of first-degree murder and being a felon in possession of a firearm, finding true the allegation that he had personally used a firearm causing death. In…

Justia Opinion Summary: Plaintiffs filed claims against the Ford Motor Company (FMC) for alleged defects in vehicles the company manufactured. FMC filed a motion to compel arbitration of plaintiffs’ claims based on the arbitration provision in…

Justia Opinion Summary: The California Department of Industrial Relations, Division of Labor Standards Enforcement (Division) debarred the following from acting as public works contractors: (1) GRFCO, Inc. (GRFCO), a contractor; (2) George…

Justia Opinion Summary: The Investigative Consumer Reporting Agencies Act (ICRAA, Civil Code, 1786) mandates certain disclosures for investigative consumer reports, which are often used by landlords to make decisions regarding consumers who…

Justia Opinion Summary: In the 1970s-1980s, the County approved maps for two subdivisions bordered by a tributary of “Murderer’s Creek.” The creek is a natural watercourse that is the main receptacle for storm runoff emanating from the…

Justia Opinion Summary: In 2016, with a negotiated agreement, Vaca entered a plea of no contest to two counts of violating Health & Safety Code section 11379(a). The court dismissed the remaining charges and placed Vaca on formal probation for…

Justia Opinion Summary: In 1988, Kerins was convicted of sodomy with a person under 18, a Sexually Violent Predator (SVP) qualifying offense. In 1998, Kerins pleaded guilty to two counts of annoying or molesting a child under 18. The trial…

Justia Opinion Summary: The Oakland Waterfront Ballpark District Project proposes the redevelopment of Howard Terminal, a 50-acre site within the Port of Oakland, and five contiguous acres. It includes a 35,000-seat ballpark for the city’s…

Justia Opinion Summary: Plaintiff, a former driver for Defendant Lyft, Inc., filed suit against Lyft under the Private Attorneys General Act of 2004 (PAGA). He alleged that Lyft misclassified him and other drivers as independent contractors…

Justia Opinion Summary: Vivera Pharmaceuticals, Inc. (Vivera) was developing a medical test kit, but had received “negative publicity” from its litigation with a rival company. Vivera hired Sitrick Group, LLC (Sitrick) to manage a public…

Justia Opinion Summary: Almost 15 months elapsed from the time the juvenile court found Petitioner K.R. incompetent to stand trial and referred him for remediation until the court determined that he had been restored to competency and…

Justia Opinion Summary: Minor S.S. (minor) appealed an order transferring him from the juvenile court to a court of criminal jurisdiction, pursuant to former Welfare and Institutions Code section 707.1. Minor contended: (1) the juvenile court’s…

Justia Opinion Summary: At sentencing, counsel stated that her client, defendant Eric Cooks waived his right to appear at any future restitution hearing. The court noted the waiver orally and in its sentencing minute order. Cooks appealed,…

Justia Opinion Summary: Moss Gropen brought suit against, among other defendants, Cyrus Shabrang and Michael Noud (together, Real Parties in Interest) arising out of Gropen’s treatment at a hospital. Gropen appeared at the noticed deposition…

Justia Opinion Summary: Over several months, Jackie Marquez stole about $100,000 from her brother-in-law Robert C., who was then about 80 years old. The prosecution elected to charge Marquez with eight felony counts of elder theft as a…

Justia Opinion Summary: Santa Clara Valley Water District was insured by Century. In 2000, the District notified Century that it had been advised by the federal government of potential claims for natural resource damages resulting from mercury…

Justia Opinion Summary: In October 2016, the mother filed a request to reinstate joint legal and physical custody of her minor daughter, after a lengthy period in which the father exercised sole legal and physical custody based on a child…

Justia Opinion Summary: While their marriage dissolution proceeding was pending in Virginia, David and Joanna filed dueling requests for domestic violence restraining orders in Marin County Superior Court under the Domestic Violence Prevention…

Justia Opinion Summary: Defendant-appellant Stephen Wilson was convicted by jury of the sexual abuse of a child age 10 or younger. Wilson told his adult son that the victim (C.F.) at age six “was a better kisser than every one of my wives…

Justia Opinion Summary: Bautista-Castanon digitally penetrated his four-year-old niece while babysitting. He was convicted of sexual penetration of a child who was 10 years of age or younger (Penal Code 288.7(b)) and commission of a lewd act…

Justia Opinion Summary: Defendant Jony Pantaleon was convicted by jury on 15 counts of committing lewd and lascivious acts on a children. In March 2022, after amendments to California’s determinate sentencing law went into effect, the trial…

Justia Opinion Summary: Defendant Yaroslav Viktorovic Shkrabak was convicted by jury of assault with force likely to produce great bodily injury, and the trial court doubled his sentence based on a prior strike conviction. Defendant argued on…

Justia Opinion Summary: In November 2021, a jury convicted Rahsaan Butler of one count of attempted voluntary manslaughter and other offenses, and found true related allegations that he personally used a firearm and caused great bodily injury.…

Justia Opinion Summary: The San Francisco Giants Ballpark sits on public land that the Taxpayer leases. The Taxpayer appealed Assessor’s valuations. In 2006, the parties applied the cost method and reached a settlement for tax years 2001–2010,…

Justia Opinion Summary: Defendant appealed an order under Corporations Code section 7616 confirming the validity of an election removing the former board of the Lake Lindero Homeowners Association, Inc. (the Association) and electing a new…

Justia Opinion Summary: Plaintiff appealed from a judgment in favor of Defendant City of Los Angeles (the City), in a lawsuit alleging the City knowingly failed to remedy a dangerous condition on public property adjacent to Plaintiff’s place of…

Justia Opinion Summary: Defendant appealed an order denying his petition for resentencing under section 1172.6. In 2017, the Second Appellate District affirmed his conviction for attempted murder, assault with a semiautomatic firearm, and…

Justia Opinion Summary: In 2002, plaintiffs M.D. Doe, A.J. Doe, and S. Doe (together, plaintiffs) sued defendant Marysville Joint Unified School District (the District) and at least one District employee, alleging their school counselor…

Justia Opinion Summary: In 2018, the California Legislature passed a law titled the “Keep Groceries Affordable Act of 2018” (the Groceries Act). The Act sought prohibit charter cities, counties, and other local governments from imposing taxes,…

Justia Opinion Summary: Plaintiff sued Uber under the Private Attorneys General Act of 2004 (PAGA), claiming Uber willfully misclassified him as an independent contractor rather than an employee, which led to numerous other Labor Code…

Justia Opinion Summary: Defendants appealed an order granting plaintiffs' motion to compel compliance with prior discovery orders and imposing monetary and issue sanctions. The trial court imposed 11 potentially case-dispositive issue sanctions…

Justia Opinion Summary: At issue here was the 2015 “public health goal” (PHG) defendant Office of Environmental Health Hazard Assessment (OEHHA) set for the contaminant perchlorate, a chemical found in rocket fuel. After OEHHA set the PHG for…

Justia Opinion Summary: Appellant M.B., mother of minor L.J., appealed the termination of her parental rights which freed L.J. for adoption. Mother contended the juvenile court erred by: (1) denying her request to admit self-made recordings of…

Justia Opinion Summary: Andre Myles was homeless when he broke into an unoccupied Oceanside house. During the 15 hours he was inside, he did not take anything of significant value. But he drank a juice box and ate ice cream belonging to the…

Justia Opinion Summary: Defendant appealed the denial of his motion brought pursuant to Penal Code section 1473.7, subdivision (a) to withdraw his 2017 no-contest plea to a violation of section 273.5 and to vacate his conviction. He contends…

Justia Opinion Summary: In September 2018, Defendant entered into a plea agreement with the People. Defendant pleaded no contest to attempted murder and admitted he had personally used and discharged a firearm in the commission of the crime. In…

Justia Opinion Summary: Defendant-appellant Latravius Gobert strangled his girlfriend to death in front of their six-year-old daughter. After a jury convicted him of second degree murder, the court imposed a 35 years-to-life prison sentence. On…

Justia Opinion Summary: Unhappy with a Virginia court’s order regarding the custody of his minor daughter, appellant Paul Fishbein sought to modify that order only one month later in California family court. When the California court found it…

Justia Opinion Summary: SM, AA and RM are the co-owners of Cannaco Research Corporation (CRC), a licensed manufacturer and distributor of cannabis products. All three individuals served as officers of CRC until February 2021, when AA and RM…

Justia Opinion Summary: Jeremiah Sullivan, III, appeals a stipulated judgment of dissolution of marriage. He challenged a 2018 order that was incorporated into the stipulated judgment, in which the family court found that it lacked jurisdiction…

Justia Opinion Summary: An insured’s general liability insurer defended under a reservation of rights, and paid out its $2 million policy limits to settle the lawsuit. The insured’s workers’ compensation and employers’ liability insurer denied…

Justia Opinion Summary: Nakano, charged with felony possession of child pornography, entered a plea of no contest after the court stated that its “indicated sentence” would be to grant probation with a suspended sentence and that its “goal" was…

Justia Opinion Summary: After Richard Cohen (Richard) filed a request to modify his child support and spousal support obligations, Lauralin Anderson Cohen (Lauralin) moved to dismiss Richard’s motion under the disentitlement doctrine as Richard…

Justia Opinion Summary: In 1985, Palo Alto established the Commercial Downtown zoning district with parking regulations that allowed for “payment of an in-lieu monetary contribution to the city to defray the cost” of new, off-site parking…

Justia Opinion Summary: Plaintiff sued the State of California, and Rob Bonta and Xavier Becerra in their capacities as the current and former Attorney General after a federally licensed firearms dealer refused to complete Plaintiff’s purchase…

Justia Opinion Summary: A juvenile wardship petition alleged against E.P. alleged two counts of murder, two counts of  attempted murder, and one count of street terrorism. The juvenile court held a fitness hearing pursuant to Welfare and…

Justia Opinion Summary: Some of the practices that have made California's Central Valley an "agricultural powerhouse" have also adversely impacted the region’s water quality and environmental health. Respondents State Water Resources Control…

Justia Opinion Summary: In August 2020, police went to a motel room to investigate child abuse. Three children were present: K.H. (an eight-year-old boy), A.H. (a five-year-old girl), and P.A. (an 18-month-old girl). The boy had visible bruises…

Justia Opinion Summary: Dr. Heidari and Dr. Moradi owned a dental practice. Heidari sued Moradi for breach of contract. Moradi filed a cross-complaint, claiming that Heidari fraudulently misappropriated over $1.7 million. Moradi’s counsel,…

Justia Opinion Summary: In 2014, Lopez became the manager at La Casa’s domestic violence shelter. In 2016, Lopez gave birth and experienced complications. She provided La Casa with certifications relating to her condition. Lopez alleged La Casa…

Justia Opinion Summary: On August 28, 2017, while the plaintiffs were being transported in an ambulance operated by AMR employees, the ambulance collided with another vehicle. The plaintiffs’ suit, filed on November 8, 2018, and alleging motor…

Justia Opinion Summary: A patient filed a complaint concerning Dr. Dore, a Board-certified psychiatrist. The Board discovered suspected irregularities in Dore's prescription of controlled substances. Dore declined to answer questions. The…

Justia Opinion Summary: Defendant was convicted of carjacking, attempted robbery and arson, all committed shortly after he turned 19 years old. At the conclusion of a resentencing hearing, Defendant’s trial counsel said that he would prepare a…

Justia Opinion Summary: Plaintiff filed sexual harassment, failure to prevent sexual harassment, wrongful constructive termination, discrimination, and retaliation actions against her former employer, Rite Aid Corporation and Thrifty Payless,…

Justia Opinion Summary: Government Code 65913.4 provides for streamlined, ministerial approval of affordable housing projects meeting specified requirements. Berkeley denied Ruegg’s application for ministerial approval of a mixed-use…

Justia Opinion Summary: This writ proceeding involves a statutory challenge for cause filed against a trial court judge presiding over a wrongful termination lawsuit. The parties are Plaintiff and his former employer, Defendant Bassett Unified…

Justia Opinion Summary: In 2017, defendant-appellant Carl Tice, Jr., was arrested and charged with committing a felony offense. He was later charged with three counts of battery on a custodial officer, and one count of battery on a detention…

Justia Opinion Summary: In May 2020, the state transferred 194 inmates from CIM to San Quentin. The transferees were at risk of developing serious symptoms of COVID-19 (persons over the age of 65 and/or with underlying medical conditions);…

Justia Opinion Summary: In November 2020, the voters approved Proposition 22, Bus. & Prof. Code, 7448–7467. Proposition 22 concerns drivers that operate transportation or delivery services using an electronic application or platform to connect…

Justia Opinion Summary: Plaintiff appealed from a judgment of dismissal of his medical negligence claim against Defendant County of Santa Clara, after the trial court sustained the County’s demurrer without leave to amend on statute of…

Justia Opinion Summary: A trial court denied defendant Matthew Burke's request to strike a prior strike conviction under Penal Code section 1385 and to consider applying recent amendments to section 1385 to that determination. Defendant pled no…

Justia Opinion Summary: Defendant My Ngo was a “shotcaller” in a Vietnamese gang. At age 19, he was paid $2,000 to commit a murder for hire. In 2021, he filed a motion for a “Franklin hearing”: a hearing pursuant to People v. Franklin, 63…

Justia Opinion Summary: Father M.M. and mother J.M. pled no contest to a dependency petition regarding their minor children, J. and M. (along with their now-adult sibling Mi.), based on the parents engaging in repeated conflicts in the…

Justia Opinion Summary: Landlords purchased two derelict Berkeley single-family homes and converted them into triplexes. One house had been operated as an unpermitted rooming house and the other had been registered as a rooming house since…

Justia Opinion Summary: Generic versions of ranitidine-containing antacids are sold under the brand name Zantac. In 2019, after an independent laboratory found “significant quantities of NDMA,” a known carcinogen in ranitidine-containing…

Justia Opinion Summary: Defendant appealed an order denying his petition for resentencing pursuant to former Penal Code section 1170.95. The Second Appellate District reversed the order and remanded for an evidentiary hearing pursuant to…

Justia Opinion Summary: During an investigation into possible violations of California overtime laws by appellant Nor-Cal Venture Group, Inc. (Nor-Cal), respondent Labor Commissioner for the State of California (Commissioner) subpoenaed…

Justia Opinion Summary: David Bustamante (the victim) was shot and killed in the parking lot of an In-N-Out restaurant on Christmas Day in 2015. The victim was giving a tattoo to Nancy A. when he told her he had to go out to meet a friend. Ana…

Justia Opinion Summary: People who do not want an eldercare facility built near them have been fighting the project since 2017. Others want the facility, saying the project would fit the neighborhood and the public needs it. The trial court…

Justia Opinion Summary: Richard Mueller and his wife, Joan Mueller (collectively, settlors), had two children together: plaintiff Katherine Zahnleuter (formerly Mueller) and Amy Mueller. Richard also had a daughter from a previous marriage,…

Justia Opinion Summary: Appellant California Department of Motor Vehicles (DMV) appealed from a judgment granting Plaintiff’s petition for writ of mandate (judgment). DMV contends the issues presented on appeal are whether the trial court erred…

Justia Opinion Summary: In three separate cases consolidated for appeal, a trial court found defendants incompetent to stand trial and ordered them be committed to the California Department of State Hospitals (DSH) for competency treatment.…

Justia Opinion Summary: Defendant In-N-Out Burgers appealed a trial court’s denial of its motion to compel arbitration of the claims of plaintiffs Tom Piplack and Donovan Sherrod for penalties under the Labor Code Private Attorneys General Act…

Justia Opinion Summary: Plaintiff Jimmy Hang sued defendants RG Legacy I, LLC, 1899 Raymond LLC, and Arlene Rosales for elder abuse and negligent hiring and supervision. The RG Legacy parties filed a petition to compel arbitration of those…

Justia Opinion Summary: Over the objection of 12-year-old M.M.’s mother (“mother”), the juvenile court authorized the Los Angeles County Department of Children and Family Services or the congregate care facility where M.M. was placed to…

Justia Opinion Summary: A Welfare and Institutions Code section 602 petition alleges that about 10 years ago, while he was a minor, Petitioner committed a lewd act upon a child. This matter came to the attention of law enforcement only because…

Justia Opinion Summary: Plaintiff River’s Side at Washington Square Homeowners Association was established to manage a development consisting of 25 residential units and common areas. It sued Defendants River’s Side LLC et al. for construction…

Justia Opinion Summary: “Breathe” was previously known as the American Lung Association of Los Angeles County, affiliated with the national organization, ALA, and the American Lung Association in California (ALAC). Breathe’s predecessor entered…

Justia Opinion Summary: Southern California Edison Company (Edison), an investor-owned public utility, filed a complaint in eminent domain to condemn an easement across a landowner’s property for the purpose of accessing and maintaining…

Justia Opinion Summary: In consolidated proceedings, Petitioners each sought a writ requiring the Superior Court to dismiss their cases for violating their speedy trial rights under Penal Code section 1382.2. Petitioners argued there was no…

Justia Opinion Summary: In these dependency proceedings, T.M. (Father) appealed from a juvenile court exit order awarding sole physical custody of minors N.M. and S.M. to E.S. (Mother), contending no substantial evidence supported the order.…

Justia Opinion Summary: Plaintiff (Mother) appealed from the post-judgment order modifying the parenting plan between her and her former husband, Defendant (Father) with respect to their two minor children. Mother contends the family court…

Justia Opinion Summary: Defendant-appellant Brandon Lewis was convicted by jury of pimping three minors, for which he was sentenced to over 73 years in prison. He appealed, contending his Sixth Amendment right to confront an accuser was…

Justia Opinion Summary: Parry, driving on Lakeshore Boulevard, saw Fugit hurl a coffee mug at his vehicle. It shattered the vehicle’s window and sent glass fragments flying into the passenger compartment. Other motorists saw the incident and…

Justia Opinion Summary: Skillz provides a mobile platform that hosts games in which players compete for cash prizes. To participate in paid-entry competitions, a user must save the player account; after entering a date of birth, the user must…

Justia Opinion Summary: With new counsel, a client sues his former attorneys, alleging they accepted $27,500 in fees from him but did not perform the promised legal services. New counsel engages in communications via email and telephone with…

Justia Opinion Summary: Plaintiff suffered a stroke on August 18, 2009. He was hospitalized at St. John’s Regional Medical Center for two weeks, followed by a month in St. John’s inpatient rehabilitation facility. He entered Oxnard Manor, a…

Justia Opinion Summary: Appellant appealed an order denying a recommendation by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his 2011 sentence and resentence him pursuant to Penal Code section…

Justia Opinion Summary: Olga Marcela Escobar-Eck was the President and Chief Executive Officer of Atlantis, a land use and strategic planning firm in San Diego. Atlantis helped submit an application, on behalf of All People’s Church (Church) to…

Justia Opinion Summary: Ung stole cryptocurrencies from multiple victims in 2018, exploiting a common website security feature: A user can prompt a website hosting an account to send a text message to the user’s phone with a security code that…

Justia Opinion Summary: The Supreme Court remanded an employment matter to the Second Appellate District to resolve two issues the parties addressed in their respective appeals, but that we did not reach based on our conclusion about the nature…

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: The Lunada Bay Boys (Bay Boys) are a group of young and middle-aged men local to the City of Palos Verdes (the “City”), who consider themselves to be the self-appointed guardians of Lunada Bay. One of their tenets is to…

Justia Opinion Summary: Plaintiff brought a qui tam case on behalf of the State of California alleging Defendants and Respondents engaged in medical insurance fraud. Plaintiff asserted the alleged fraud victimized the state workers’…

Justia Opinion Summary: Defendant pled no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense in exchange for a four-year sentence. Defendant contends the court erred in not awarding him…

Justia Opinion Summary: Securus Technologies, LLC (Securus), is one of six telecommunications companies providing incarcerated persons calling services (IPCS) in California. In this original proceeding, Securus challenges the decision of the…

Justia Opinion Summary: Objectors challenged the adequacy of an environmental impact report (EIR) for the long-range development plan for the University of California, Berkeley through the 2036-2037 academic year and the university’s immediate…

Justia Opinion Summary: A judgment creditor seeks delivery of her debtor’s Academy Award statuette, commonly known as the Oscar, under the Enforcement of Judgments Law (EJL). Respondent Academy of Motion Picture Arts and Sciences (AMPAS)…

Justia Opinion Summary: Plaintiff appeals from the trial court’s grant of summary judgment in favor of her former employer, respondent Kaiser Foundation Hospitals (Kaiser). The Second Appellate District reversed the judgment. The court…

Justia Opinion Summary: The last clause of section 248.5 (e) of California’s Healthy Workplaces, Healthy Families Act of 2014 (the Act) (Labor Code, § 245 et seq.) was the focus of this appeal. Plaintiff Ana Wood filed a Private Attorney…

Justia Opinion Summary: This appeal from summary judgment in favor of Sequoia Insurance Company (Sequoia) was one of thousands of cases nationwide involving a claim for business interruption coverage arising out of the COVID-19 pandemic. The…

Justia Opinion Summary: Plaintiff sued her former employer, Dolgen California, LLC (Dollar General), to recover civil penalties under the Private Attorneys General Act of 2004 for various Labor Code violations suffered by her or by other…

Justia Opinion Summary: Decedent was employed by Jones as a construction worker. Jones was under contract with DOT to perform construction work on I-580 in Oakland. Much of this work was performed at night because it required lane closures. A…

Justia Opinion Summary: Plaintiffs sued Defendant and the law firm (collectively, the lawyers) for legal malpractice on the theory that the lawyers in drafting the LLC operating agreements did not adhere to the intent of their mother’s trust.…

Justia Opinion Summary: Defendant Dwayne Burgess appealed a trial court’s denial of his petition for resentencing after an evidentiary hearing pursuant to Penal Code section 1172.6. Though there was no dispute defendant was eligible for such a…

Justia Opinion Summary: The City of Palm Springs closed off one of its downtown streets to all vehicular traffic for a period of three years to allow a tourism organization to install and display a large statue of Marilyn Monroe in the middle…

Justia Opinion Summary: In 1992, a jury convicted Pepe Lopez of first degree murder with a true finding on a prior-murder special circumstance after hearing evidence the victim was shot and killed during a robbery in which Lopez participated…

Justia Opinion Summary: Johnson sexually abused his eight-year-old adopted daughter, Jane. His wife discovered and reported the abuse. Johnson was convicted of nine counts of aggravated sexual assault of a child (Pen. Code 269(a)(4)); nine…

Justia Opinion Summary: A jury convicted Defendant of one count of first-degree murder, three counts of second-degree murder, four counts of attempted murder, one count of shooting at an occupied vehicle, and one count of being a felon in…

Justia Opinion Summary: Christopher Kenney was inside his mother’s home in violation of a temporary DVRO that had not yet been served. Sheriff’s deputies yelled through a locked bedroom door, “There’s a restraining order on file, Christopher”…

Justia Opinion Summary: This case concerned the statute of limitations in the California Public Safety Officers Procedural Bill of Rights Act. One of these protections was described in Government Code section 3304 (d)(1): a public agency cannot…

Justia Opinion Summary: Defendant was convicted of several sex offenses against Jane Doe, his adoptive niece: oral copulation or sexual penetration of a child ten years old or younger (count 2), sexual intercourse or sodomy with a child ten…

Justia Opinion Summary: Kelly Sundberg appealed the denial of his application for outpatient placement pursuant to Penal Code section 1026.2. In 1999, Sundberg was found not guilty by reason of insanity (NGI) following a criminal trial,…

Justia Opinion Summary: A jury found defendant-appellant Travon Venable, Sr. guilty of first degree murder and attempted murder. The jury also found true, on each count, a gang enhancement and a gang-related firearm enhancement. Bullets fired…

Justia Opinion Summary: The Bureau filed a dependency petition with respect to L.B., Welfare and Institutions Code 300, due to Mother’s failure to protect L.B. from ongoing domestic violence between Mother and her long-term partner, T.Y., and…

Justia Opinion Summary: After the Arcadia City Council approved J.W.’s application to expand the first story of her single-family home and add a second story (“the project”), Arcadians for Environmental Preservation (AEP), a grassroots…

Justia Opinion Summary: C.G. (Mother) and R.A. (Father) appealed a juvenile court’s order terminating their parental rights to three of their minor children. Father’s parents repeatedly denied any Indian ancestry, but Mother reported she was…

Justia Opinion Summary: In 2016, Hunter W. was charged with attempted murder and assault with a deadly weapon, as well as allegations that he personally used a deadly weapon. Shortly after, he was charged with driving without a license and…

Justia Opinion Summary: Petitioner D.S. (Mother) was the adoptive mother of A.S. In 2021, San Bernardino County Children and Family Services (CFS) petitioned on behalf of A.S. in response to allegations of physical abuse. During the pendency of…

Justia Opinion Summary: Defendant pled no contest to first-degree residential burglary and admitted a prior felony “strike” conviction within the meaning of the “Three Strikes” law. He also entered a waiver pursuant to People v. Cruz (1988) 44…

Justia Opinion Summary: G Companies Management, LLC, a California limited liability company, appealed an order staying its cross-complaint against LREP Arizona, LLC, based on the forum selection clause in a loan agreement between the parties.…

Justia Opinion Summary: Todd pleaded no contest to three counts of buying or receiving stolen property in exchange for dismissal of the remaining counts and a stipulated sentence of 44 months. In 2021, the court imposed the stipulated sentence:…

Justia Opinion Summary: Mother S.G. appealed after the juvenile court terminated her parental rights to her son. She raised two challenges. First, she faults the Los Angeles Department of Children and Family Services (DCFS) for failing to…

Justia Opinion Summary: In 2021, the California Department of Corrections and Rehabilitation (the Department) sent a letter to the superior court recommending that it resentence Gabriel Mendoza because of errors in his original sentence.…

Justia Opinion Summary: Defendants Churchwell White LLP, a law firm, and two of its attorneys, Barbara Brenner and Robin Baral (collectively Churchwell) represented a corporation in an action to quiet title to water rights. In the quiet title…

Justia Opinion Summary: Valero alleged that Dellard was a care custodian who provided in-home services to a dependent adult, Barton. Valero also provided such services to Barton. The two worked different shifts. Valero alleged that Dellard, a…

Justia Opinion Summary: Markham heard the engine of his Mazda idling and saw Pack drive it away. Markham and Walker got into another car and followed. When Pack stopped, a chase and confrontation ensued. Pack was charged with four counts,…

Justia Opinion Summary: JSC, the property owner, hired Cahill as the general contractor on the residential rehabilitation project. Cahill hired Janus as a subcontractor for demolition work. Degala was a Janus employee. The project site was in…

Justia Opinion Summary: Tribal lending entities (TLEs) retained the LLCs to manage their online lending programs. In 2017, the relationships began to deteriorate. The LLCs and their managing members, the Koettings, allegedly persuaded…

Justia Opinion Summary: Following Defendant’s 2009 guilty plea to seven felony counts arising from the theft and use of credit cards and other items, the trial court sentenced Defendant to an aggregate indeterminate state prison term of 35…

Justia Opinion Summary: The prosecution filed a complaint alleging that a defendant committed a lewd or lascivious act on a child by force, violence, duress, menace, and fear. The North River Insurance Company and its bail agent (collectively,…

Justia Opinion Summary: Mother gave birth to Minor’s half-brother and tested positive for drugs at the hospital, triggering a referral to the Solano County Social Services Department. Mother abandoned the newborn at the hospital. Three-year-old…

Justia Opinion Summary: In 2010, the City of Irvine adopted a plan to guide development of the Irvine Business Complex (the IBC), which covered roughly 2800 acres in the City. It also prepared and approved a program environmental impact report…

Justia Opinion Summary: Under Health and Safety Code 101850, Alameda, a hospital authority was created as “a public agency for purposes of eligibility with respect to grants and other funding and loan guarantee programs.” The plaintiffs worked…

Justia Opinion Summary: These original proceedings involve efforts by the Public Utilities Commission (PUC or the Commission) to discover whether the political activities of Southern California Gas Company (SCG) are funded by SCG’s…

Justia Opinion Summary: Appellants (the brothers) appealed following a judgment affirming an arbitration award that resolves an employment dispute between the brothers, their former employer, defendant and respondent U-Haul Co. of California…

Justia Opinion Summary: Plaintiffs-buyers Melissa and Geoffrey Williams sued defendant FCA US LLC (manufacturer) for violation of the Song-Beverly Consumer Warranty Act (popularly known as the lemon law), seeking restitution for a defective…

Justia Opinion Summary: When Leonardo Fernandez arrived at the hospital with his son Marco, the child was 13 weeks old and already dead. Marco sustained 18 separate rib fractures and bruises spattered his body. Blunt forces had caused several…

Justia Opinion Summary: Fleming filed a class action complaint, alleging Oliphant violated the California Rosenthal Fair Debt Collection Practices Act. Oliphant filed a petition to dismiss Fleming’s class action claims and compel binding…

Justia Opinion Summary: Appellant appealed from a post-judgment order denying her request for the entry of a qualified domestic relations order (QDRO) and instead adopting the QDRO proposed by Respondent. Appellant contends that the family…

Justia Opinion Summary: In 2001, a body was found with multiple stab wounds. Maldonado reported witnessing the killing and seeing a man with blood on his chest who may have been the killer. Police found a sweatshirt and knife buried in the…

Justia Opinion Summary: Fuentes pleaded guilty to inflicting corporal injury on Doe, a person with whom he had a dating relationship, and admitted inflicting great bodily injury on the (then-pregnant) victim in circumstances involving domestic…

Justia Opinion Summary: Ornelas pled no contest to a felony count of offering to give away a controlled substance, conditioned on two years of felony probation. A few months after being placed on probation, Ornelas failed to report as directed.…

Justia Opinion Summary: The Morenos sought a determination that Bertuccio was not an heir entitled to an intestate share of the Estate of Franco. The probate court granted them summary judgment, finding Bertuccio to be the child of a 1957…

Justia Opinion Summary: Plaintiff signed an arbitration contract with an employer called Intelex Enterprises, LLC. While working for Intelex, Plaintiff also worked for other firms (Other Firms). These Other Firms were legally separate from…

Justia Opinion Summary: Petitioner Nicholas Casson was a firefighter for the City of Santa Ana for 27 years. In 2012, he retired and began collecting a pension from California Public Employees Retirement System (CalPERS). He immediately started…

Justia Opinion Summary: Casandra Murrey, a single, 46-year-old female, worked for General Electric Company (GE) as a product sales specialist for ultrasound equipment. The complaint alleged GE hired Murrey in early 2018 and she was a “top…

Justia Opinion Summary: K.V. (Mother) and David V. (Father) appealed the juvenile court’s order terminating their parental rights to daughter M.V. They contend the court erred when it declined to order a supplemental bonding study and did not…

Justia Opinion Summary: Appellant V.R. is the mother of now 11-year-old N.R. Mother appealed the juvenile court’s order terminating her parental rights as to N.R. Mother argued that the order is unsupported by clear and convincing evidence of…

Justia Opinion Summary: Radell R. appealed a dispositional order denying him reunification services with his eight-year-old and six-year-old daughters under the bypass provision in California Welfare and Institutions Code section 361.5 (b)(6)…

Justia Opinion Summary: Livermore adopted a General Plan and a Downtown Specific Plan in 2004, for which it certified an environmental impact report (EIR). A subsequent EIR (SEIR) was certified in 2009, after amendments to the Downtown Specific…

Justia Opinion Summary: Appellant Ventura29, LLC purchased property (the Property) in the City of San Buenaventura (City). Appellant filed a complaint against the City alleging that Appellant “is in the process of developing a multi-unit…

Justia Opinion Summary: Plaintiff sued Sisyphian for (1) failure to pay minimum wage, (2) failure to pay overtime wages, (3) failure to pay wages for missed meal periods, (4) failure to pay wages for missed rest breaks, (5) waiting time…

Justia Opinion Summary: Plaintiffs-appellants Jennifer Bitner and Evelina Herrera were employed as licensed vocational nurses by defendant-respondent California Department of Corrections and Rehabilitation (CDCR). They filed a class action suit…

Justia Opinion Summary: Defendant was 22 years old when he committed various sex crimes for which he was sentenced to serve multiple life in prison without parole and multiple life in prison with parole terms. These sentences were based on the…

Justia Opinion Summary: Jonathan Starr brought a probate petition challenging the actions of M. Thomas Ashbrook, who was acting as the trustee of the revocable trust of Jonathan’s father, Arnold Starr. The petition alleged that Ashbrook had…

Justia Opinion Summary: Ortiz took a baseball bat to an unoccupied Jeep belonging to a stranger and was charged with felony vandalism causing property damage in excess of $400. Ortiz pleaded no contest and admitted a prior strike, a 2020…

Justia Opinion Summary: Plaintiffs Rodrigo Rodriguez Preciado, Norma Janeth Banda Arreola, Alejandro Rodriguez Banda, and Haydee Antonieta Zumaeta appealed a trial court order quashing service of summons filed by defendant Freightliner Custom…

Justia Opinion Summary: In November 2018, appellant Ryan Kite was driving a truck while under the influence of alcohol. He pulled out of a parking lot into traffic without coming to a stop, causing motorcyclist D.P. to slam on his brakes and…

Justia Opinion Summary: Chen sued BMW for breach of warranty and for violating the Song-Beverly Consumer Warranty Act (Civ. Code 1790) and the Consumers Legal Remedies Act (section 1750). After the suit was pending for about a year, the…

Justia Opinion Summary: After a woman developed mesothelioma, she and her husband (Plaintiffs) brought this action in 2020 against a number of entities, including respondent Avon Products, Inc. (Avon). Relying on a declaration (Gallo…

Justia Opinion Summary: Minor K.C. appealed the order imposing a condition of probation that prohibits unconsented sexual touching of another person. K.C. argues that probation condition 6A is unconstitutionally vague because it does not define…

Justia Opinion Summary: D.S. and A.S. were married and have children, ages 14 and eight. A.S. filed a petition for legal separation and an ex parte request for temporary emergency orders related to child custody and visitation, property…

Justia Opinion Summary: This case arose out of a qui tam action against Prime Healthcare Services—Encino Hospital, LLC (Encino Hospital) and others to impose civil penalties for violation of the Insurance Fraud Prevention Act (IFPA), Insurance…

Justia Opinion Summary: Plaintiff and appellant, a contractor, prevailed in an arbitration against its client, the Defendant and Respondent. After finding that Plaintiff was not duly licensed because its responsible managing employee (RME) did…

Justia Opinion Summary: Defendants were convicted of first-degree murder by a jury. The jury also found that the murder was committed for the benefit of a criminal street gang. Defendants' convictions were affirmed on appeal and then they each…

Justia Opinion Summary: Plaintiffs, six individuals employed by the County of Imperial, and the three unions representing them (the Imperial County Sheriff’s Association (ICSA), the Imperial County Firefighter’s Association (ICFA), and the…

Justia Opinion Summary: Defendant and cross-complainant Fitness International, LLC (Fitness) appealed a judgment entered in favor of plaintiff and cross-defendant SVAP III Poway Crossings, LLC (SVAP) on SVAP’s breach of contract claim for…

Justia Opinion Summary: In 1981, defendant Richard Morgan was convicted of vehicular manslaughter caused by unlawful exhibition of speed and DUI, neither of which was listed as a qualifying prior for elevating a DUI to a felony under California…

Justia Opinion Summary: Three plaintiffs began working for Wise on separate dates. Each purportedly signed an arbitration agreement, “governed by the Federal Arbitration Act and the California Arbitration Act. It bans class arbitration and…

Justia Opinion Summary: Davis and 16-year-old C.W., met at a party where C.W. and others, including Davis, drank alcohol. C.W. also smoked marijuana. Others saw C.W. vomit several times. Around 2:00 a.m., Davis, M., and C.W. went to sleep in a…

Justia Opinion Summary: A building owner operates a building in Los Angeles with retail space on the ground floor and office space, storage units, and parking on the roof. In 2012, the owner contracted with Western Waterproofing Company, Inc.…

Justia Opinion Summary: Defendant is a resident of the City of Oxnard (the City). Defendant gathered signatures for a number of initiatives, including Measures M and N. The City’s voters passed both initiatives. The City brought the instant…

Justia Opinion Summary: The California Public Employment Relations Board (Board) refused to file an unfair labor practice complaint on behalf of plaintiff Rebecca Wu, a substitute teacher representing herself in propria persona, against real…

Justia Opinion Summary: In 2015, appellant Destiny C. (Mother) petitioned for dissolution of her marriage to her husband Justin C. (Father). Six years later, following a six-day trial on custody and visitation issues, the family court made…

Justia Opinion Summary: The Public Utilities Commission (the Commission or PUC) oversees the California High-Cost Fund A program (CHCF-A), which provides subsidies to small, rural, independent telephone companies that provide local telephone…

Justia Opinion Summary: Adanna Car Wash Corporation (Adanna) appealed from the superior court’s dismissal of its trial de novo appeal from the Labor Commissioner’s award of back wages and other damages in favor of Adanna’s former employee,…

Justia Opinion Summary: Defendant Department of General Services and real party Joint Committee on Rules of the California State Senate and Assembly (collectively DGS) prepared an environmental impact report (EIR) to determine the environmental…

Justia Opinion Summary: Petitioner petitioned the superior court, pursuant to former section 1170.95 (now Section 1172.6) of the Penal Code, for resentencing on his conviction for second-degree murder. The superior court held an evidentiary…

Justia Opinion Summary: Munir, a police officer, confronted Eman, his wife of six months, with his suspicion that she was unfaithful, and stated he intended to seek a divorce. On January 19, Munir discussed this intention with his sister but…

Justia Opinion Summary: The Sonoma County Human Services Department filed a petition on behalf of then-11-month-old A.G., alleging that A.G.’s alleged father, F.G., recently been released from prison, violently attacked her Mother twice in the…

Justia Opinion Summary: After D.H. (Mother) and B.G. (Father) divorced, Father was obligated to pay $10,000 per month in child support for the parties’ youngest child, A.G., subject to California Family Code section 3901. Father filed requests…

Justia Opinion Summary: Aguilar incurred debt from a consumer credit account with OneMain Financial, which assigned the account to OneMain Trust. The debt was later sold to CACH, which sued to collect the charged-off debt. CACH dismissed that…

Justia Opinion Summary: The issue in this appeal is whether section 5241 precludes the obligee from seeking a determination of arrearages allegedly owed by the obligor, where the obligor’s employer is subject to a valid earnings assignment…

Justia Opinion Summary: Defendant Robert Nash was convicted of three lewd acts on two young girls, and sentenced to an aggregate prison term of ten years after the trial court determined a 15-yers-to-life sentence on each count under…

Justia Opinion Summary: An assistant professor at a California public university submitted four articles on topics in her field of study to various academic journals unaffiliated with her university. All four of those articles were later either…

Justia Opinion Summary: The primary issue, in this case, is whether Respondent Whittier Union High School District (hereinafter Respondent or the District) is required to reimburse Appellant Law Office (hereinafter Appellant or Firm) for the…

Justia Opinion Summary: Michael Smalley sued Subaru of America, Inc. (Subaru) under California’s lemon law. Pursuant to Code of Civil Procedure section 998, Subaru made a settlement offer to Smalley, which Smalley did not accept. The matter…

Justia Opinion Summary: Jail personnel search inmate mail for contraband. To preserve confidentiality, mail from an inmate to an attorney is opened in front of the inmate; the contents are visually inspected but not read. An officer noticed an…

Justia Opinion Summary: Amazon fulfills orders for products sold by third-party merchants through a program it calls “Fulfillment by Amazon” (FBA). According to the First Amended Complaint (FAC), the state agency responsible for collecting…

Justia Opinion Summary: In 2004, petitioner Robert Cress was convicted of first degree murder. In 2021, he filed a petition to vacate the murder conviction pursuant to California Penal Code section 1172.6. After considering documentary evidence…

Justia Opinion Summary: The original proceedings involve efforts by the Public Utilities Commission (PUC or the Commission) to discover whether the political activities of Southern California Gas Company (SCG) are funded by SCG’s shareholders,…

Justia Opinion Summary: Plaintiff Desert Regional Medical Center, Inc. (DRMC) appealed trial court orders denying DRMC’s first amended petitions to compel nurses Leah Miller, Lynn Fontana, and Renita Romero (Respondents) to arbitrate their…

Justia Opinion Summary: Plaintiffs challenged the constitutionality of two California statutes— Civil Code section 3333.2, which caps the number of damages a plaintiff may recoup for noneconomic losses at $250,000 (Civ. Code, Section 3333.2,…

Justia Opinion Summary: In three related actions, privately held public utilities sued for property tax refunds for fiscal years 2014-2015 and 2015-2016, following the County’s denial of refund claims submitted under Revenue and Taxation Code…

Justia Opinion Summary: Cheek was convicted of kidnapping, rape, and forcible oral copulation in 1980. He escaped prison, raped a 15-year-old, and was convicted of rape and furnishing a controlled substance to a minor. When Cheek’s prison term…

Justia Opinion Summary: Shusha, Inc., dba La Cava (La Cava) appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer filed by Century-National Insurance Company (Century-National) to La…

Justia Opinion Summary: Defendants-appellants Russell Davis, Ian Herzog, Evan Marshall, Debra Wear, Gloria Tedesco, and Stephen Carpenter appealed a March 22, 2021 trial court order, which denied each of their special motions to strike (anti-…

Justia Opinion Summary: C.K. (Father) and I.B. (Mother) appealed the juvenile court’s order terminating their parental rights to their infant child, D.B. They argued the Riverside County Department of Public Social Services failed to comply…

Justia Opinion Summary: In November 2015, while hospitalized at Fremont, an acute psychiatric facility, McGovern was assaulted by another patient. In March 2016, McGovern’s attorney sent Fremont a letter, requesting that Fremont preserve…

Justia Opinion Summary: The plaintiffs first worked for Tesla through staffing agencies. When Tesla offered them employment, effective August 2, 2017, most of the plaintiffs electronically signed offer letters, including an arbitration…

Justia Opinion Summary: Plaintiff appealed from a judgment in favor of his employer, Ecolab, Inc. Plaintiff sued Ecolab under the Private Attorneys General Act (PAGA; Lab. Code, Section 2698 et seq.) alleging Ecolab improperly calculated the…

Justia Opinion Summary: The City of Industry sued Cordoba Corporation, among others, after uncovering allegedly fraudulent billings for a solar energy development. Cordoba filed a cross-complaint, but the trial court granted the City’s special…

Justia Opinion Summary: Plaintiff was a captain in the Barstow Fire Protection District. The City of Barstow fired him for criminal and perjurious acts, for willful refusal to comply with official orders, and for setting a poor professional…

Justia Opinion Summary: Defendant-appellant Michelle Guiffreda appealed an order denying her petition for resentencing on a 2004 conviction for second-degree murder under California Penal Code section 1170.95 (now section 1172.6). After an…