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Zhang v. Super. Ct.
Date: November 9, 2022
Docket Number: B314386

People v. Buchanan  
Date: November 9, 2022
Docket Number: H049838

Justia Opinion Summary: Officers separately arrested the defendants for DUI and released each with a Notice to Appear. Each signed their respective Notice, agreeing to appear in court on a specified date more than 25 days later. Each Notice…

Raja Development Co., Inc. v. Napa Sanitary District  
Date: November 8, 2022
Docket Number: A162256

Justia Opinion Summary: Condominium owners alleged that a sewer service charge collected by Napa Sanitation District consists of a “capacity fee” and a “use fee” and that the latter was an unlawful tax. A challenge to the capacity fee was…

P. v. Berdoll  
Date: November 8, 2022
Docket Number: B317129

Justia Opinion Summary: Defendant appealed the trial court's judgment after pleading no contest to 24 counts of using a minor to pose to create media depicting sexual acts and one count of possession of matter depicting a minor engaged in…

Dedication and Everlasting Love etc. v. City of El Monte  
Date: November 8, 2022
Docket Number: B318078

Justia Opinion Summary: Plaintiff and appellant Dedication and Everlasting Love to Animals, Inc. (DELTA) owns a vacant lot in the City of El Monte (City or El Monte). After receiving several citations for violating the municipal code, DELTA…

In re E.C.  
Date: November 8, 2022
Docket Number: F084030

Justia Opinion Summary: A.C. (Mother) is the mother of E.C., now three years old. In 2020, E.C. was taken into protective custody after Mother’s domestic violence-related arrest, and, in 2021, she was made a dependent of the juvenile court…

Doe v. Software One
Date: November 8, 2022
Docket Number: G060554

Randle v. Farmers New World Life Insurance Co.  
Date: November 7, 2022
Docket Number: B304970

Justia Opinion Summary: Plaintiff sued Farmers New World Life Insurance Company (Defendant or Farmers) for breach of contract, breach of the covenant of good faith and fair dealing, and punitive damages in connection with a policy insuring the…

Unzueta v. Akopyan  
Date: November 7, 2022
Docket Number: B313215

Justia Opinion Summary: Plaintiff appealed from a judgment entered in favor of Defendant, on Plaintiff’s action for medical malpractice after the trial court denied her motion under Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v.…

Taska v. The RealReal, Inc.  
Date: November 4, 2022
Docket Number: A164130

Justia Opinion Summary: Taska was hired by TRR in 2017 but was terminated in 2018, allegedly based on her protest against the CEO’s discriminatory comments and her reports of workplace-related legal violations. After arbitration, Taska stated…

Wisner v. Dignity Health  
Date: November 4, 2022
Docket Number: C094051

Justia Opinion Summary: Pro se plaintiff Gary Wisner, M.D. filed a complaint alleging that defendants Dignity Health and the Dignity Health St. Joseph’s Medical Center (collectively, SJMC) falsely reported to the National Practitioner Data Bank…

Roe v. Hesperia Unified School Dist.  
Date: November 4, 2022
Docket Number: E075092

Justia Opinion Summary: From August 2018 through January 2019, plaintiffs were six-year-old first grade students who attended Maple Elementary School (Maple) within the Hesperia Unified School District (the District). Pedro Martinez worked at…

Amiodarone Cases  
Date: November 3, 2022
Docket Numbers: A161023, A161762

Justia Opinion Summary: Amiodarone was developed in the 1960s for the treatment of angina and was released in other countries. Amiodarone is associated with side effects, including pulmonary fibrosis, blindness, thyroid cancer, and death. In…

The Travelers Indemnity Co. v. Lara  
Date: November 3, 2022
Docket Number: B306897

Justia Opinion Summary: The Travelers Indemnity Company appeals the judgment entered after the superior court denied Travelers’ petition for a writ of administrative mandate challenging the Insurance Commissioner’s decision that certain…

Shouse v. County of Riverside  
Date: November 3, 2022
Docket Number: E076975

Justia Opinion Summary: Petitioner Andrew Shouse was terminated from his employment as a captain of the Riverside County Sheriff’s Office (RCSO, the Department, or respondent), following an administrative hearing. Findings on the record…

State Department of State Hospitals v. Superior Court of Napa County  
Date: November 2, 2022
Docket Number: A164384

Justia Opinion Summary: Under the Government Claims Act, a public entity is not liable for injury except as otherwise provided by statute; a public entity may be vicariously liable for injury caused by an act or omission of its employees acting…

Villareal v. LAD-T, LLC
Date: November 2, 2022
Docket Number: B313681M

In re Foster  
Date: November 1, 2022
Docket Number: A160713

Justia Opinion Summary: In 1997, two 14-year-old girls were walking near their school when Foster, age 21, approached them, drew a knife, and told them to get on the ground and not try to run or he would kill or stab them. He sexually assaulted…

Mills v. Facility Solutions Group  
Date: November 1, 2022
Docket Number: B313943

Justia Opinion Summary: Plaintiff filed a complaint against his former employer, Facility Solutions Group, Inc. (FSG), for disability discrimination and related causes of action under the Fair Employment & Housing Act. The same month Plaintiff…

GC Brothers Entertainment v. Alcoholic Beverage Control etc.  
Date: November 1, 2022
Docket Number: B316346

Justia Opinion Summary: The Department of Alcoholic Beverage Control (Department) revoked a nightclub’s liquor license after the club’s owner, GC Brothers Entertainment LLC dba The Palms (Petitioner), failed to respond to an accusation alleging…

Morgan v. Ygrene Energy Fund, Inc.  
Date: November 1, 2022
Docket Number: D079364

Justia Opinion Summary: In 2008, California enacted a Property Assessed Clean Energy program (PACE) as a method for homeowners to finance energy and water conservation improvements. A PACE debt was created by contract and secured by the…

In re T.O.
Date: November 1, 2022
Docket Number: E077783M

Davis v. Shiekh Shoes, LLC  
Date: October 31, 2022
Docket Number: A161961

Justia Opinion Summary: In 2018, Shiekh hired Davis; both signed an agreement to resolve all disputes by binding arbitration. Davis resigned after three months, claiming she was subjected to sexual harassment by her co-worker and customers. In…

P. v. Machado  
Date: October 31, 2022
Docket Number: B311023

Justia Opinion Summary: The trial court denied Defendant’s petition despite the parties’ stipulation to waive the resentencing hearing. Defendant contended that in doing so, the court misinterpreted the statute and violated the doctrine of…

Shapell Socal Rental Properties v. Chico's FAS
Date: October 31, 2022
Docket Number: G060411M

P. v. Vargas  
Date: October 28, 2022
Docket Number: B313853

Justia Opinion Summary: Defendant appealed the denial of her petition for resentencing under Penal Code section 1172.6. On remand, the trial court issued an order to show cause and held an evidentiary hearing. The People offered no argument in…

Council for Education and Research etc. v. Starbucks Corp.  
Date: October 27, 2022
Docket Number: B309227

Justia Opinion Summary: The Council for Education and Research on Toxics (CERT) brought these actions under Proposition 65 (Prop. 65) against Respondents, dozens of companies that roast, distribute, or sell coffee. CERT claimed that Respondents…

Trujillo v. City of L.A.  
Date: October 27, 2022
Docket Number: B314042

Justia Opinion Summary: Plaintiff sued the City for its negligence in maintaining the City-owned sidewalk in a dangerous condition. The City moved for summary judgment on the ground that the sidewalk was not a “dangerous condition”. Although…

P. v. Duran  
Date: October 27, 2022
Docket Number: B317640

Justia Opinion Summary: Defendant was convicted of second-degree murder in 1984 for a gang-related stabbing petitioned for relief under Penal Code section 1172.6 (former section 1170.95), and proceeded to an evidentiary hearing. The People…

In re Oscar H.  
Date: October 27, 2022
Docket Number: B318634

Justia Opinion Summary: A mother appeals an order terminating parental rights over her son, based on a deficient initial inquiry about Indian ancestry. The only source of information about ancestry was the mother. The Los Angeles County…

Dhital v. Nissan North America, Inc.  
Date: October 26, 2022
Docket Number: A162817

Justia Opinion Summary: Plaintiffs sued Nissan, alleging the transmission in a 2013 Nissan Sentra they purchased was defective, bringing statutory claims under the Song-Beverly Consumer Warranty Act (Civ. Code 1790) and a common law fraud claim…

Tariwala v. Mack  
Date: October 26, 2022
Docket Number: B311232

Justia Opinion Summary: Defendant owned a parcel of land until 2011, when he defaulted on a secured loan. Over the next decade, Defendant frustrated the attempts of all new owners to renovate or occupy the property. He would physically block…

G.I. Industries v. City of Thousand Oaks  
Date: October 26, 2022
Docket Number: B317201

Justia Opinion Summary: G.I. Industries, doing business as Waste Management (WM), provided solid waste management for the City of Thousand Oaks (City). The City was considering entering into a new exclusive solid waste franchise agreement with…

Adoption of M.R.
Date: October 26, 2022
Docket Number: C095856M

Defries v. Yamaha Motor Corporation, U.S.A.  
Date: October 26, 2022
Docket Number: E073917

Justia Opinion Summary: Plaintiff-appellant Chad Defries suffered injuries while riding a Yamaha dirt bike. He sued the U.S. distributor of that dirt bike, defendant-respondent Yamaha Motor Corporation, U.S.A. (Yamaha), among others, asserting…

People v. Picazo  
Date: October 25, 2022
Docket Number: A161621

Justia Opinion Summary: Picazo was convicted of multiple sexual offenses against children and possession of child pornography. Picazo was sentenced to a determinate prison term of 10 years and eight months consecutive to an indeterminate term…

Figueroa v. FCA US  
Date: October 25, 2022
Docket Number: B306275

Justia Opinion Summary: Plaintiff purchased a new pickup truck. FCA US LLC (FCA) is the manufacturer of the truck. Within 900 miles the truck engine overheated and the truck had to be towed to the dealership for repair. The dealership replaced…

K.M. v. Grossmont Union High School Dist.  
Date: October 25, 2022
Docket Number: D075957

Justia Opinion Summary: Plaintiffs K.M., H.R., and M.L. sued the Grossmont Union High School District (the District) for negligence based on alleged sexual abuse by their high school drama teacher, James Chatham. They also asserted sexual…

Limon v. Circle K Stores  
Date: October 25, 2022
Docket Number: F082289

Justia Opinion Summary: Plaintiff’s complaint alleged Circle K violated the Fair Credit Reporting Act (FCRA) by failing to provide him with proper FCRA disclosures when it sought and received his authorization to obtain a consumer report about…

Vought Construction Inc. v. Stock  
Date: October 24, 2022
Docket Number: A164823

Justia Opinion Summary: Vought sued for the balance due on his contract for the renovation of Stock’s house, additional compensation under a disputed change order, and penalties for the violation of a prompt-payment statute, Civil Code section…

In re K.H.  
Date: October 24, 2022
Docket Number: F084002

Justia Opinion Summary: M.H. (Father) and A.C. (Mother) are the parents of K.H., now 20 months old. Due to his parents’ drug use, K.H. was taken into protective custody following his birth and made a dependent of the juvenile court under…

Camp v. Home Depot U.S.A., Inc.  
Date: October 24, 2022
Docket Number: H049033

Justia Opinion Summary: Plaintiffs filed a putative class action for unpaid wages, claiming that Home Depot’s electronic timekeeping system captured each minute worked by employees, but that due to a quarter-hour rounding policy, employees were…

Adoption of M.R.  
Date: October 21, 2022
Docket Number: C095856

Justia Opinion Summary: Father of the minor M.R. appealed a trial court’s judgment after it freed the minor from father’s custody and control, and freed the minor for adoption by the maternal great-grandmother (grandmother). Father contended…

California v. Keel  
Date: October 21, 2022
Docket Number: D079181

Justia Opinion Summary: In 2005, fifteen-year-old Davion Keel and eighteen-year-old Ariel Bolton held Barry Knight at gunpoint and robbed him of twenty dollars on the streets of San Bernardino. One of them shot and killed Knight when he…

Parker v. Schwarcz  
Date: October 20, 2022
Docket Number: A165163

Justia Opinion Summary: Parker’s daughters sought the appointment of a conservator of their mother’s estate. Schwarcz, a professional fiduciary, was appointed as temporary conservator of Parker’s estate. Following mediation, Parker, her…

City of L.A. v. PricewaterhouseCoopers, LLC  
Date: October 20, 2022
Docket Number: B310118

Justia Opinion Summary: The City of Los Angeles (City) entered into a contract with defendant and respondent PricewaterhouseCoopers, LLC (PWC) to modernize the billing system for the Los Angeles Department of Water and Power (LADWP). PWC filed…

Villareal v. LAD-T, LLC  
Date: October 20, 2022
Docket Number: B313681

Justia Opinion Summary: LAD-T, LLC, dba Toyota of Downtown Los Angeles (LAD-T), and its parent company Lithia Motors Inc. (Lithia; collectively, Defendants) appeal from an order denying their motion to compel arbitration of Plaintiff’s claims…

P. v. Schell  
Date: October 20, 2022
Docket Number: B313694

Justia Opinion Summary: Defendant joined in an “eight against one” gang assault resulting in the victim’s death. While his cohorts used a baseball bat, a shovel, and a knife, Defendant pummeled the victim with his fists and feet. The trial…

In re A.H.  
Date: October 19, 2022
Docket Number: A163882

Justia Opinion Summary: In September 2019, the Department filed a dependency petition after taking six-year-old A.H. and her younger half-siblings into emergency protective custody and placing them in foster care. The petition alleged that the…

Little v. Com. on Teacher Credentialing  
Date: October 19, 2022
Docket Number: C092001

Justia Opinion Summary: The California Commission on Teacher Credentialing (Commission) and the Committee of Credentials of the Commission on Teacher Credentialing (Committee) appealed a judgment and peremptory writ of prohibition directing…

Sheetz v. County of El Dorado  
Date: October 19, 2022
Docket Number: C093682

Justia Opinion Summary: Plaintiff George Sheetz challenged a $23,420 traffic impact mitigation fee (TIM fee or fee) imposed by defendant El Dorado County (County) as a condition of issuing him a building permit for the construction of a single-…

California v. Vizcarra  
Date: October 19, 2022
Docket Number: D078869

Justia Opinion Summary: In 2001, Gerardo Vizcarra was convicted of the second degree murder of Richard Holcomb. Vizcarra and three confederates beat, kicked, and stabbed Holcomb to death after he bumped a mutual companion’s young child into a…

Vigil v. Muir Medical Group IPA, Inc.  
Date: October 18, 2022
Docket Number: A160897

Justia Opinion Summary: Vigil filed a class action against Muir Medical Group, claiming that it failed to secure patients’ personal information, thereby allowing a former employee to download private medical information belonging to more than…

Allen v. Staples, Inc.  
Date: October 18, 2022
Docket Number: B311426

Justia Opinion Summary: Plaintiff began working for the defendant Employer in 2006 as a sales representative. In March 2015, she accepted a position as an Area Sales Manager, which she held until June 2017, when she was promoted to the position…

Immigrant Rights Defense etc. v. Hudson Insurance Co.  
Date: October 18, 2022
Docket Number: B313878

Justia Opinion Summary: Appellant is a self-described “watchdog association” that brings actions for injunctive relief against immigration consultants under section 22446.5, which provides a right of action against an immigration consultant to…

P. v. Hardin  
Date: October 18, 2022
Docket Number: B315434

Justia Opinion Summary: Defendant was convicted in 1990 of special-circumstance felony murder for a crime committed when he was 25 years old. Current law entitles anyone who commits a special-circumstance murder at age 16 or 17 is entitled to…

Costa v. Road Runner Sports  
Date: October 18, 2022
Docket Number: D079393

Justia Opinion Summary: Michael O’Connor signed up for a loyalty program when he bought a pair of shoes and socks from Road Runner Sports, Inc. and Road Runner Sports Retail, Inc. (collectively, “Road Runner”). He alleged Road Runner did not…

In re Tellez  
Date: October 18, 2022
Docket Number: D079716A

Justia Opinion Summary: Victor Tellez asked the Court of Appeal to vacate his conviction based on a plea of guilty to committing a lewd and lascivious act on a child under the age of 14 years. He contended his appointed counsel provided…

Leger v. R.A.C. Rolling Hills  
Date: October 18, 2022
Docket Number: D080705

Justia Opinion Summary: R.A.C. Rolling Hills LP, dba ActivCare at Rolling Hills Ranch, and ActivCare Living, Inc. (together, ActivCare), appealed an order denying their petition to compel arbitration in the elder abuse lawsuit filed by Mary…

In re T.O.  
Date: October 18, 2022
Docket Number: E077783

Justia Opinion Summary: The State of California appealed after a juvenile court declared defendant-respondent T.O. a ward of the court and placed him in a secure local facility for committing a sexual offense against his seven-year-old cousin.…

CSV Hospitality Management v. Lucas  
Date: October 17, 2022
Docket Number: A163345

Justia Opinion Summary: Lucas was living at the Aranda, a residential hotel that provides supportive housing to formerly homeless individuals. The management company sought a workplace violence restraining order (Code Civ. Proc. 527.8) against…

Miller v. Dept. of Real Estate  
Date: October 17, 2022
Docket Number: B311510

Justia Opinion Summary: Plaintiffs’ operated a mobilehome park owned by one of Plaintiff’s clients. The Department of Real Estate filed an accusation alleging Plaintiff violated various provisions of the Real Estate Law. The administrative law…

Shapell Socal Rental Properties v. Chico's FAS  
Date: October 17, 2022
Docket Number: G060411

Justia Opinion Summary: In this unlawful detainer action, counsel for plaintiff Shapell Socal Rental Properties, LLC (Shapell) requested and obtained a default and default judgment against defendant Chico’s FAS, Inc. (CFI) in direct violation…

Golf & Tennis Pro Shop v. Super. Ct.  
Date: October 17, 2022
Docket Number: G060852

Justia Opinion Summary: In a matter of first impression for the Court of Appeal, the issue presented for review centered on whether the 45-day time period to file a motion to compel further responses to interrogatories began to run upon service…

Tracy Rural County Fire etc. v. Local Agency Formation etc.  
Date: October 13, 2022
Docket Number: C095083

Justia Opinion Summary: Tracy Rural County Fire Protection District (Tracy Rural), joined by the City of Tracy (City), challenged a decision made by the Local Agency Formation Commission of San Joaquin County (San Joaquin LAFCO or the…

Gormley v. Gonzalez  
Date: October 12, 2022
Docket Number: C093201

Justia Opinion Summary: The parties to this appeal were: (1) plaintiffs in 20 separate medical malpractice lawsuits filed against two doctors and a medical spa; and (2) defendants in those lawsuits (i.e., the two doctors and the medical spa).…

McCullar v. SMC Contracting Incorporated
Date: October 12, 2022
Docket Number: C093295M

Johar v. Cal. Unemployment Ins. Appeals Bd.
Date: October 11, 2022
Docket Number: A162563M

Conservatorship of A.A.  
Date: October 11, 2022
Docket Number: A164854

Justia Opinion Summary: A.A. drove drunk and killed another driver. He was charged with gross vehicular manslaughter while intoxicated and other offenses, with enhancements. A month later, represented by counsel, he pleaded no contest to all…

P. v. Garcia
Date: October 10, 2022
Docket Number: A161579M

Young v. Midland Funding, LLC  
Date: October 7, 2022
Docket Number: A161843

Justia Opinion Summary: Young claims her employer told her that it had received a wage garnishment order in 2019. Young then discovered the existence of a 2010 default judgment against her, in favor of Midland, for a purported debt of…

Enterprise Rent-A-Car of L.A. v. Super. Ct.  
Date: October 6, 2022
Docket Number: B321016

Justia Opinion Summary: After D.G. was injured in a car accident involving a rental car driven by I.M. H.A. rented the car involved in the accident from Enterprise Rent-A-Car Company of Los Angeles (ERAC-LA). I.M. was listed as an additional…

In re G.H.  
Date: October 6, 2022
Docket Number: G061166

Justia Opinion Summary: A.H. (Mother) and J.H. (Father) appealed a juvenile court’s order terminating their parental rights to their two-year-old son, G.H., at the permanent plan selection and implementation hearing held under California…

Today's IV, Inc. v. L.A. County Metropolitan Transportation Auth.  
Date: October 5, 2022
Docket Number: B306197

Justia Opinion Summary: Appellant Today’s IV filed a civil complaint against respondents Los Angeles County Metropolitan Transportation Authority and Regional Connector Constructors for their “unreasonable” construction of an underground subway…

Kruthanooch v. Glendale Adventist Medical Center  
Date: October 5, 2022
Docket Number: B306423

Justia Opinion Summary: The Estate of N.K (the Estate), by and through Plaintiff, appealed from the judgment after the trial court granted the motion for judgment notwithstanding the verdict in favor of Defendant, Glendale Adventist Medical…

County of Santa Barbara v. Mancini  
Date: October 5, 2022
Docket Number: E075246

Justia Opinion Summary: April Mancini owned the Jah Healing Kemetic Temple of the Divine Church, Inc. (the Church), whose adherents consume cannabis blessed by Church pastors as “sacrament.” The County of San Bernardino (the County) determined…

Amy's Kitchen, Inc. v. Fireman's Fund Insurance Co.  
Date: October 4, 2022
Docket Number: A163767

Justia Opinion Summary: Amy’s employs 2,500 people to manufacture vegetarian meals. It purchased comprehensive property insurance from Fireman's, with coverage extensions for communicable diseases and for loss avoidance and mitigation:…

California v. Johnson  
Date: October 4, 2022
Docket Number: C094491

Justia Opinion Summary: Long before the passage of California Senate Bill No. 620 in 2002, defendant Frederick Johnson pleaded no contest in two cases to various counts in connection with multiple armed robberies and, as relevant here, admitted…

People v. Mitchell  
Date: October 3, 2022
Docket Number: A163476

Justia Opinion Summary: Mitchell was doing donuts in a parking lot and tried to hit people with her car. An officer activated his lights and siren to pursue Mitchell. Mitchell sped up and drove through a red light; she made a U-turn and drove…

Karton v. Musick, Peeler, Garrett LLP  
Date: October 3, 2022
Docket Number: B305837

Justia Opinion Summary: A client who retained Plaintiff, the Law Corporation, to represent him in a marital dissolution action. The client assigned the judgments to Musick Peeler & Garrett LLC (Musick Peeler). In October 2019, the Law…

International Union of Operating Engineers, Local 39 v. Macy's, Inc.  
Date: September 30, 2022
Docket Number: A161959

Justia Opinion Summary: After its collective bargaining agreement with Macy’s expired, the parties were unable to agree on a new agreement. Local 39 called a strike and began picketing at Macy’s store. Macy’s filed suit, alleging that Local 39…

Athletics Investment Group, LLC v. Department of Toxic Substances Control  
Date: September 30, 2022
Docket Number: A162524

Justia Opinion Summary: For almost 60 years, Schnitzer has operated a scrap-metal shredding and recycling facility. The Department of Toxic Substances Control acquired regulatory authority over metal-shredding facilities in the 1980s and…

P. v. Nonaka  
Date: September 30, 2022
Docket Number: B313848

Justia Opinion Summary: The People of the State of California (People), appealed the denial of the motion for victim restitution, i.e., attorney fees and costs after Respondent was convicted by plea of felony driving with a .08 blood alcohol…

Kirk v. City of Morgan Hill  
Date: September 30, 2022
Docket Number: H048745

Justia Opinion Summary: California law requires notification to “a local law enforcement agency in the jurisdiction in which the theft or loss occurred” when a gun is lost or stolen. (Penal Code 25250(a)), within five days of the time when the…

T.L. v. City Ambulance of Eureka, Inc.  
Date: September 29, 2022
Docket Number: A162508

Justia Opinion Summary: While T.L. was being transported by ambulance from a crisis stabilization unit to an inpatient psychiatric facility, she suddenly unbuckled the belts strapping her to the semi-reclined gurney and stepped out of the back…

Honchariw v. FJM Private Mortgage Fund, LLC  
Date: September 29, 2022
Docket Number: A163756

Justia Opinion Summary: Borrower took out a $5.6 million dollar bridge loan, with 8.5% interest per annum, secured by a deed of trust on real property. They defaulted on a monthly payment of $39,667, triggering late fee provisions: a one-time…

California v. Boukes  
Date: September 29, 2022
Docket Number: E077058

Justia Opinion Summary: A jury found defendant Noy Estul Boukes guilty of the first degree murder of victim 1, threatening victim 2, and falsely imprisoning victim 2. The jury also found true allegations that defendant intentionally murdered…

Bates v. Poway Unified School Dist.  
Date: September 29, 2022
Docket Number: G061222

Justia Opinion Summary: In 2014, Poway Unified School District (the District) constructed a new elementary school. The $82 million project was funded primarily by special tax bonds paid for by homeowners in local communities. Approximately four…

Cal. Water Curtailment Cases
Date: September 29, 2022
Docket Number: H047270M

Daniel C. v. White Memorial Medical Center  
Date: September 28, 2022
Docket Number: B308253A

Justia Opinion Summary: Appellant is a severely disabled child whose congenital abnormalities went undetected during his mother’s pregnancy until after viability. Appellant sued various medical providers for wrongful life, settling with one in…

P. v. Lastra  
Date: September 28, 2022
Docket Number: B309895

Justia Opinion Summary: Respondents are a group of college students, all of which face criminal charges for marching though San Luis Obispo in the wake of the murder of George Floyd. Respondents sought recusal of the San Luis Obisbo District…

Miller v. Roseville Lodge No. 1293  
Date: September 28, 2022
Docket Number: C090751

Justia Opinion Summary: Defendant-respondent Roseville Lodge No. 1293, Loyal Order of Moose, Inc. (the Lodge) hired Charlie Gelatini to move an automated teller machine (ATM) on its premises. Plaintiff and appellant Ricky Lee Miller, Jr.,…

Starr v. Mayhew  
Date: September 28, 2022
Docket Number: G060277

Justia Opinion Summary: Defendant Jeffrey Mayhew and Plaintiffs David Starr and Thomas Hunt formed a limited liability company to operate a shopping center. They agreed Mayhew would manage the company and Starr and Hunt would provide startup…

Espinoza v. Super. Ct.  
Date: September 27, 2022
Docket Number: B314914

Justia Opinion Summary: Plaintiff filed claims for discrimination and retaliation against her former employer, defendant and real party in interest Centinela Skilled Nursing & Wellness Centre West, LLC. The trial court granted Defendant’s…

Rodriguez v. Parivar, Inc.  
Date: September 26, 2022
Docket Number: A158939

Justia Opinion Summary: Rodriguez sued Parivar under California’s labor laws, alleging that Parivar misclassified her as an exempt employee, while she “spent the majority of her time performing the exact same duties as non-exempt employees” at…

Environmental Health Advocates, Inc. v. Sream, Inc.  
Date: September 26, 2022
Docket Number: A163346

Justia Opinion Summary: Sream manufactures water pipes (bongs). According to Sream, its packaging and labels have long included the statement that such products “should be sold, marketed or used for legal, non-prohibited use only.” Since July…

P. v. Lopez  
Date: September 26, 2022
Docket Number: B315320

Justia Opinion Summary: Appellant appealed the denial of his motion to withdraw his plea and vacate his conviction pursuant to Penal Code section 1473.7, subdivision (a). The Legislature has declared that section 1473.7, as amended by Assembly…

Tarrar Enterprises, Inc. v. Associated Indemnity Corp.  
Date: September 22, 2022
Docket Number: A162795

Justia Opinion Summary: Tarrar operated “a utility consultant business” in Contra Costa County. Associated issued Tarrar a comprehensive commercial liability and property insurance policy to “pay for direct physical loss of or damage to Covered…

Estate of Douglas  
Date: September 22, 2022
Docket Number: C093301

Justia Opinion Summary: Respondent Neumiller & Beardslee filed a renewal request for a 2008 judgment and identified Estate Administrator Audrey Douglas as the judgment debtor without stating she was named in her role as the administrator of an…

Doe v. McLaughlin  
Date: September 21, 2022
Docket Number: A161534

Justia Opinion Summary: In 2016, McLaughlin, the head of a business, was arrested based on an alleged domestic dispute with his former girlfriend, Olivia. In 2018, an Illinois court ordered all records in that case expunged, and the destruction…

Kernan v. Regents of the University of California  
Date: September 21, 2022
Docket Number: A162750

Justia Opinion Summary: On November 4, 2016, Kernan had an External Cephalic Version (ECV) procedure to rotate her healthy 39-week fetus from a breech position. The hospital recorded the ECV as successful. Post-procedure fetal monitoring was…

In re Baby Girl M.  
Date: September 21, 2022
Docket Number: B311176

Justia Opinion Summary: Appellant appealed from juvenile dependency jurisdiction and disposition orders concerning his daughter. The juvenile court removed Daughter from her parents’ custody; ordered Daughter suitably placed; denied Mother…

L.A. College Faculty Guild etc. v. L.A. Community College Dist.  
Date: September 21, 2022
Docket Number: B313085

Justia Opinion Summary: The Los Angeles College Faculty Guild (Guild) represents faculty at the nine community colleges in the Los Angeles Community College District (District). The Guild appeals the trial court’s judgment of dismissal of its…

In re R.O.  
Date: September 20, 2022
Docket Number: C094816

Justia Opinion Summary: Without notice to appellant A.I. (mother of the minor R.O.), the juvenile court followed its usual practice of converting what was scheduled as a contested jurisdictional confirmation hearing into an uncontested…

California v. Heard  
Date: September 20, 2022
Docket Number: D079237

Justia Opinion Summary: Frank Heard was serving a sentence of 23 years plus 80 years to life for two counts of attempted willful, deliberate and premeditated murder for a drive-by shooting he committed at age 15, and one count of voluntary…

Gavriiloglou v. Prime Healthcare Management  
Date: September 20, 2022
Docket Number: E076832

Justia Opinion Summary: Plaintiff-appellant Eleni Gavriiloglou brought this action against her former employer and its alleged alter egos. She asserted, among other things: (1) individual claims for damages based on Labor Code violations; and…

Malloy v. Superior Court  
Date: September 19, 2022
Docket Number: B318588

Justia Opinion Summary: Petitioner filed a complaint against Comprehensive Print Group LLC and its subsidiary American Pacific Printers College, Inc. for pregnancy and gender and sex-and-gender-based harassment in violation of FEHA;…

Salazar v. Target Corp.  
Date: September 19, 2022
Docket Number: E076001

Justia Opinion Summary: After Plaintiff-appellant David Salazar bought Target Corporation’s White Baking Morsels incorrectly thinking they contained white chocolate, he filed this class action against Target for false advertising under various…

Salazar v. Walmart, Inc.  
Date: September 19, 2022
Docket Number: E076006

Justia Opinion Summary: After Plaintiff-appellant David Salazar bought Walmart, Inc.’s “Great Value White Baking Chips” incorrectly thinking they contained white chocolate, he filed this class action against Walmart for false advertising under…

Moore v. Centrelake Medical Group, Inc.  
Date: September 16, 2022
Docket Number: B310859

Justia Opinion Summary: Appellants are patients at medical facilities operated by respondent Centrelake Medical Group. In reliance on Centrelake’s allegedly false representations that it employed reasonable safeguards for patients’ personal…

In re E.L.
Date: September 16, 2022
Docket Number: B316261M

In re J.K.  
Date: September 16, 2022
Docket Number: B319316

Justia Opinion Summary: Defendant (mother), who appealed the order terminating parental rights to her minor child J.K. with a permanent plan of adoption contends the juvenile court erred in finding ICWA did not apply because Santa Barbara…

Li v. Jin  
Date: September 16, 2022
Docket Number: H048817

Justia Opinion Summary: Yaning was president of the Alumni Association; Jin was the executive vice president, and Fuzu was the vice president. To incorporate the Association as a nonprofit, Jin filed documents, listing himself as Secretary and…

City of Oakland v. The Oakland Raiders  
Date: September 15, 2022
Docket Number: B313388

Justia Opinion Summary: The City of Oakland filed a lawsuit against the National Football League (the League or the NFL) and its 32 member clubs (collectively, Defendants) after one member club, the Raiders, relocated from Oakland to Las Vegas.…

California v. Board of Parole Hearings  
Date: September 15, 2022
Docket Number: C093941

Justia Opinion Summary: In 1997, real party in interest and appellant Nathan Ramazzini was convicted of first degree murder with a special circumstance regarding a killing that occurred when Ramazzini was 16 years old. Pursuant to California…

Flores v. City of San Diego  
Date: September 15, 2022
Docket Number: D078501

Justia Opinion Summary: Appellants Patricia Flores and Angelica Sanchez appealed after the trial court granted summary judgment in favor defendant City of San Diego (the City). Flores and Sanchez sued the City for wrongful death and negligence,…

California v. Fuller  
Date: September 15, 2022
Docket Number: E071794

Justia Opinion Summary: In this appeal, the State argued that a sentencing court’s discretion under California v. Tirado, 12 Cal.5th 688 (2022) was limited to imposing a lesser enhancement under Penal Code section 12022.53, so a court that…

Electronic Frontier Foundation, Inc. v. Super. Ct.  
Date: September 15, 2022
Docket Number: E076778

Justia Opinion Summary: Between 2018 and 2020, Electric Frontier Foundation, Inc. (EFF) moved to unseal affidavits filed in support of executed search warrants requested by the San Bernardino County Sheriff’s Department (the Sheriff) and issued…

Kaur v. Foster Poultry Farms LLC  
Date: September 15, 2022
Docket Number: F081786

Justia Opinion Summary: In this employment matter, Plaintiff appealed from the trial court’s grant of summary judgment in favor of her former employer, Defendant and respondent Foster Poultry Farms LLC (Foster Farms), on her claims of…

Arega v. Bay Area Rapid Transit District  
Date: September 14, 2022
Docket Number: A163266

Justia Opinion Summary: Bay Area Rapid Transit District (BART) Cash Handlers are supervised by Foreworkers. A labor agreement describes the selection of Foreworkers by an Evaluation Committee, comprised of three union representatives and three…

Bonni v. St. Joseph Health System  
Date: September 14, 2022
Docket Number: G052367A

Justia Opinion Summary: Plaintiff, surgeon Aram Bonni sued his employers, defendants Mission Hospital Regional Medical Center and St. Joseph Hospital of Orange, as well several other related entities and physicians (collectively, the Hospitals)…

People v. Garcia  
Date: September 13, 2022
Docket Number: A161579

Justia Opinion Summary: The defendants were charged with murder and kidnapping. Scott was also charged with robbery and a special circumstance of felony murder in the course of kidnapping, with a special allegation that he personally,…

People v. Sifuentes  
Date: September 13, 2022
Docket Number: A162225

Justia Opinion Summary: In 2003, Sifuentes was convicted of first-degree murder under a felony-murder theory; his co-felon killed Deputy Monego during a 1998 restaurant robbery. The jury found not true the felony-murder special-circumstance…

Johar v. California Unemployment Insurance Appeals Board  
Date: September 13, 2022
Docket Number: A162563

Justia Opinion Summary: With the agreement of her supervisor, Johar, a salesperson, left work for about a week to care for a terminally ill relative. While she was away her employer (SWS) decided she had quit. Upon her return, SWS stated…

Musgrove v. Silver
Date: September 13, 2022
Docket Number: B311504M

McCullar v. SMC Contracting, Inc.  
Date: September 13, 2022
Docket Number: C093295

Justia Opinion Summary: Under California law, the Privette doctrine holds that there is a strong presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. SMC Contracting, Inc.…

Betancourt v. OS Restaurant Services, LLC  
Date: September 12, 2022
Docket Number: B293625A

Justia Opinion Summary: Defendants are OS Restaurant Services, LLC and Bloomin’ Brands, Inc. Plaintiff worked there as a server. Plaintiff sued, alleging Defendants regularly failed to give Plaintiff her full uninterrupted rest periods, and…

Guardianship of A.H.  
Date: September 12, 2022
Docket Number: E077036

Justia Opinion Summary: Elouise Harber and Delores Williams filed cross-petitions to be appointed as guardians of two children. The trial court ordered them to exchange lists of the witnesses they intended to call, specifically including party…

People v. Thompson  
Date: September 12, 2022
Docket Number: H044699

Justia Opinion Summary: Thompson was convicted of first-degree murder for a San Jose shooting death (Pen. Code 187(a)) and possession of a firearm by a felon (29800(a)(1)), with a finding that he personally and intentionally discharged a…

California Water Curtailment Cases  
Date: September 12, 2022
Docket Number: H047270

Justia Opinion Summary: After “one of the driest years in recorded state history,” in 2015 the Water Resources Control Board issued orders to curtail water use in the Sacramento-San Joaquin River Delta. The trial court concluded that the…

In re M.A.  
Date: September 12, 2022
Docket Number: H049482

Justia Opinion Summary: The juvenile court assumed jurisdiction over M.A. upon his admission that he had committed a felony sexual battery (Penal Code 243.4). The juvenile court granted him probation for one year. At the recommendation of the…

California v. Bueno  
Date: September 9, 2022
Docket Number: D078700

Justia Opinion Summary: Defendant Alan Bueno, an inmate at the time of the offense at issue, arranged with a prison employee codefendant to obtain a cellular telephone. Bueno pleaded no contest to one felony count of conspiracy to violate…

Rodgers v. State Personnel Board  
Date: September 9, 2022
Docket Number: E075803

Justia Opinion Summary: Plaintiff-appellant Steven Rodgers, a correctional sergeant employed by the Department of Corrections and Rehabilitation (CDCR), appealed the denial of his writ petition seeking to set aside the State Personnel Board’s…

Marriage of Knox  
Date: September 9, 2022
Docket Number: F081092

Justia Opinion Summary: Appellant made a request for pendente lite attorney fees was made early in the marriage dissolution proceedings and had been pending for over a year when the trial started. By that time, Appellant was unemployed and…

People v. Salvador  
Date: September 9, 2022
Docket Number: H048162

Justia Opinion Summary: Salvador, charged with sexual penetration of a person under the age of 16 by a person over 21, lewd or lascivious act on a child aged 14 or 15, felony false imprisonment, sexual battery, and annoying or molesting a…

Maleti v. Wickers
Date: September 9, 2022
Docket Number: H048393M

Golick v. State of California  
Date: September 8, 2022
Docket Number: A162137

Justia Opinion Summary: Wong was a former patient of a mental health service provider at the Veterans Home called Pathway; in 2018 he went to the facility armed and dressed for combat and took hostage three Pathway employees. After exchanging…

Cell-Crete Corp. v. Federal Ins. Co.  
Date: September 8, 2022
Docket Number: E075264

Justia Opinion Summary: Appellant Federal Insurance Company (Federal) was the prevailing party in a lawsuit Cell-Crete Corporation (Cell-Crete) brought seeking to recover against Federal on a payment bond. After dismissal, the trial judge…

P. v. Calvary Chapel San Jose
Date: September 8, 2022
Docket Number: H048708M

People v. Rowland  
Date: September 8, 2022
Docket Number: H048799

Justia Opinion Summary: Detective Nava obtained a search warrant for Rowland’s residence. Nava had investigated a report from Sergeant Dahl, a member of the Silicon Valley Internet Crimes Against ChildrenTask Force. Dahl was investigating…

Manlin v. Milner  
Date: September 7, 2022
Docket Number: B313253

Justia Opinion Summary: In a dispute between members of a limited liability company (LLC), Plaintiff alleged that the LLC’s managing member engaged in self-dealing to the detriment of both Plaintiff and the company. After the managing member,…

County of San Joaquin v. Public Employment Relations Bd.  
Date: September 7, 2022
Docket Number: C094069

Justia Opinion Summary: The County of San Joaquin (County) petitioned for review of a Public Employment Relations Board (Board) decision in which the Board found the County interfered with and discriminated against the protected activity of the…

In re Kenneth D.  
Date: September 7, 2022
Docket Number: C096051

Justia Opinion Summary: J.T. (father) appealed a juvenile court’s order terminating his parental rights to Kenneth D. (minor) and adopting the recommended findings and orders of the Placer County Department of Health and Human Services…

ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd.  
Date: September 7, 2022
Docket Number: G060972

Justia Opinion Summary: ZF Micro Solutions, Inc., the successor of now deceased ZF Micro Devices, Inc., alleged TAT Capital Partners, Ltd., murdered its predecessor by inserting a board member who poisoned it. The trial court decided the claim…

Garg v. Garg  
Date: September 7, 2022
Docket Number: G061500

Justia Opinion Summary: Respondents moved to dismiss this appeal as untimely. The notice of appeal was filed with the superior court more than 60 days after notice of entry of judgment was served upon appellants. Appellants oppose dismissal on…

C.I. v. San Bernardino City Unified School Dist.  
Date: September 6, 2022
Docket Number: E076212

Justia Opinion Summary: On April 10, 2017, Cedric Anderson entered his wife’s classroom at an elementary school, which was part of the San Bernardino City Unified School District (the district). Anderson shot and killed his wife, a student, and…

Estate of Jones  
Date: September 2, 2022
Docket Number: A162543

Justia Opinion Summary: Jones established a trust, naming his daughter (Spencer) as successor trustee. The property was the trust’s principal asset. Jones later married Grays-Jones, but did not amend the trust. Jones contracted to sell the…

Apple Annie, LLC v. Oregon Mutual Insurance Co.  
Date: September 2, 2022
Docket Number: A163300

Justia Opinion Summary: Apple Annie operated restaurants in Marin, San Francisco, and Santa Barbara counties and had comprehensive commercial liability and property insurance through Oregon Mutual for “for direct physical loss of or damage to…

Oswald v. Murray Plumbing & Heating Corp.  
Date: September 2, 2022
Docket Number: B312736

Justia Opinion Summary: Appellant Murray Plumbing and Heating Corporation (Murray) briefly employed Respondent as a journeyman pipefitter in 2019–2020. In 2020, Respondent sued for civil penalties under the Private Attorneys General Act (PAGA),…

California v. Garcia  
Date: September 2, 2022
Docket Number: C093430

Justia Opinion Summary: In 1993, defendant Albert Garcia physically assaulted and stole money from an 82-year-old man, who died about an hour later from lethal cardiac arrhythmia. A jury found defendant guilty of first degree murder and…

In re Y.M.  
Date: September 2, 2022
Docket Number: D080349

Justia Opinion Summary: J.V. (Father) appealed a Welfare and Institutions Code section 366.26 order terminating his parental rights to his then three-year-old daughter, Y.M. His sole contention was that the San Diego County Health and Human…

People v. Nguyen  
Date: September 1, 2022
Docket Number: H047893

Justia Opinion Summary: In 2016, Santa Clara County charged Nguyen with possession for sale and transportation of a controlled substance. Six months later, the DA filed a second complaint, charging Nguyen with additional controlled substance…

2710 Sutter Ventures, LLC v. Millis  
Date: August 31, 2022
Docket Number: A162439

Justia Opinion Summary: In November 2019, Landlords served Tenants with a 120-Day Notice of Termination of Tenancy and half of the relocation assistance due under the San Francisco Rent Ordinance. Both Tenants then claimed disability status;…

Estate of El Wardani  
Date: August 31, 2022
Docket Number: D079406

Justia Opinion Summary: Ramsey Walter El Wardani died intestate in 2016 and was survived by his wife Janine and daughter from a previous marriage, Alexandria (Ali). Four years into a protracted probate dispute between Janine and Ali, the court…

Sarkany v. West  
Date: August 30, 2022
Docket Number: A162441

Justia Opinion Summary: The plaintiffs sued West, their landlord, and her son Timothy, who was part owner of property. Judgments were entered against West, totalling $201,245.50 (including $75,000 for punitive damages); judgments against…

24th & Hoffman Investors, LLC v. Northfield Insurance Co.  
Date: August 30, 2022
Docket Number: A163670

Justia Opinion Summary: Northfield issued a policy to insure an apartment complex. The coverage excludes liability for violations of the insured’s duty to maintain habitable premises; this exclusion also encompasses coverage for “any claim or…

Perez v. Hibachi Buffet  
Date: August 30, 2022
Docket Number: B304824

Justia Opinion Summary: Wet tile at Hibachi Buffet caused Plaintiff to slip and hit the floor hard. The jury awarded damages, but the court granted Buffet’s two posttrial motions. One was for judgment notwithstanding the verdict. The other, in…

Hale v. California Public Employees’ Retirement System  
Date: August 29, 2022
Docket Number: A161758

Justia Opinion Summary: The plaintiffs, firefighters with California’s Department of Forestry and Fire Protection, for the last ten years of their careers served as executive officers for the union. During that time, the plaintiffs were on…

Crane v. R. R. Crane Investment Corp., Inc.  
Date: August 29, 2022
Docket Number: B310520

Justia Opinion Summary: Plaintiff initiated an action for involuntary dissolution of R. R. Crane Investment Corporation, Inc. (R. R. Crane), a family-owned investment business that he shared with his brother. To avoid corporate dissolution, the…

California v. Cheatham  
Date: August 29, 2022
Docket Number: C094175

Justia Opinion Summary: Over ten years ago, Prince Kurtiss Cheatham fled criminal custody after he heard nonexistent voices that led him to believe his life was in danger. After being returned to custody, he again attempted to escape after…

Bowden v. Superior Court of Marin County  
Date: August 26, 2022
Docket Number: A163592

Justia Opinion Summary: Bowden was driving in Novato when she struck and killed a pedestrian in a marked crosswalk in May 2019. Blood and breath samples taken at the scene indicated that Bowden had been driving under the influence of alcohol.…

Manuel v. Superior Court of Santa Clara County  
Date: August 26, 2022
Docket Number: H048655

Justia Opinion Summary: Manuel sued for wrongful termination after he was injured during the course of his employment with BrightView. The parties dispute whether Manuel’s employment was terminated in retaliation for his job injury or whether…

Siri v. Sutter Home Winery, Inc.  
Date: August 25, 2022
Docket Number: A161923

Justia Opinion Summary: Siri sued her former employer, Trinchero, for wrongful termination. Trinchero served an offer to compromise by paying Siri $500,000 in exchange for dismissal, Code of Civil Procedure section 998. During the 30-day…

Musgrove v. Silver  
Date: August 25, 2022
Docket Number: B311504

Justia Opinion Summary: A Hollywood producer took his chef and executive assistant on a trip to Bora Bora. While there, the executive assistance died after consuming alcohol, cocaine, and then drowning. The chef provided the woman with the…

Hirschfield v. Cohen  
Date: August 25, 2022
Docket Number: B312960

Justia Opinion Summary: Plaintiff purchased four contiguous lots in Santa Monica in 1994. In 2004, Planitiff demolished the structures and erected four single-family homes. In 2009, Plaintiff rented one of the units to Defendant. At issue in…

In re J.R.
Date: August 25, 2022
Docket Number: B314532M

In re Ricky R.  
Date: August 25, 2022
Docket Number: E078646

Justia Opinion Summary: N.G. (Mother) appealed a juvenile court’s order terminating parental rights to her children, Ricky R. and Jayden R. Mother argued the Riverside County Department of Public Social Services (DPSS) failed to discharge its…

Chen v. Valstock Ventures, LLC
Date: August 24, 2022
Docket Number: A161885M

Frym v. 601 Main Street LLC  
Date: August 24, 2022
Docket Number: A163086

Justia Opinion Summary: 601 Main sued Frym, its tenant, to collect $145,211.29 in unpaid rent, taxes, and insurance premiums. Frym filed a cross-complaint against 601, DeCarli (601’s principal), and their attorney, Leoni, for fraud, extortion,…

West Coast University, Inc. v. Board of Registered Nursing  
Date: August 24, 2022
Docket Number: C094077

Justia Opinion Summary: One of the California Board of Registered Nursing (the Board) regulations stated: “An approved nursing program shall not make a substantive change without prior board authorization,” which included changes such as a…

In re Jason V.
Date: August 23, 2022
Docket Number: A163366M

Cam-Carson, LLC v. Carson Reclamation Authority  
Date: August 23, 2022
Docket Number: B312729

Justia Opinion Summary: Plaintiff CAM-Carson, LLC sued the City of Carson (City), the Carson Reclamation Authority (CRA) and others for breach of contract and breach of the covenant of good faith and fair dealing. Plaintiff is a commercial real…

In re J.R.  
Date: August 23, 2022
Docket Number: B314532

Justia Opinion Summary: Father appealed the juvenile court’s order terminating his and Mother’s parental rights and finding that the child, J.R., was adoptable. The Second Appellate District conditionally reversed that order because the Los…

In re E.L.  
Date: August 23, 2022
Docket Number: B316261

Justia Opinion Summary: D.L. (Mother) is the biological mother of four children: E.L., Child 1, now 15 years old; E.R.O., Child 2, now 11; L.O., Child 3, now 10; and E.O.O., Child 4, now 7. E.O. (Father) is the presumed father of Child 1 and…

In re Dominick D.  
Date: August 23, 2022
Docket Number: E078370

Justia Opinion Summary: T.T. (Mother) challenged a juvenile court’s finding that the federal Indian Child Welfare Act of 1978 (ICWA) did not apply to the dependency proceedings concerning her son, Dominick D. She argued the juvenile court…

King v. Pacific Gas & Electric Co.  
Date: August 22, 2022
Docket Number: A163843

Justia Opinion Summary: King is Jimmy's former spouse and mother of his minor child. Jimmy was killed in a California helicopter crash. His sole heirs were his spouse, Wasdin, and his minor child. Jimmy and King were residents of Alabama. An…

In re J.R.  
Date: August 22, 2022
Docket Number: A164334

Justia Opinion Summary: The boys were removed from the custody of their (married) parents by the Humboldt County Department of Health and Human Services in 2020, after a string of child abuse and neglect referrals stemming from repeated bouts…

Franklin v. Santa Barbara Cottage Hospital  
Date: August 22, 2022
Docket Number: B311482

Justia Opinion Summary: The issue in this appeal is whether respondent Santa Barbara Cottage Hospital (Hospital) can be held liable for the alleged negligence of its staff physician. The physician’s patient, Plaintiff, appealed the judgment…

Cameron v. Las Orchidias Properties, LLC  
Date: August 22, 2022
Docket Number: B313971

Justia Opinion Summary: Defendant appeals the trial court’s judgment in favor of Plaintiff on her causes of action for wrongful eviction and financial elder abuse. Defendant contends that (1) it was unfairly surprised at trial because the…

California v. Nieber  
Date: August 22, 2022
Docket Number: D079208

Justia Opinion Summary: Toren Nieber was convicted in 2017 for his role in the commission of a 2016 burglary and robbery during which one of the victims was shot and killed. At the preliminary hearing, the magistrate found insufficient evidence…

Paredes v. Credit Consulting Services, Inc.  
Date: August 22, 2022
Docket Number: H048092

Justia Opinion Summary: Paredes obtained dental services from Mai Dental in 2015-2016, with the understanding that payments made by Delta Dental would satisfy in full any debt that Paredes owed. In 2018, Paredes received a check from Delta for…

Gutierrez v. Chopard USA Ltd.  
Date: August 19, 2022
Docket Number: B309098

Justia Opinion Summary: Defendant Chopard USA Ltd. (Chopard) appealed the trial court’s order of attorney fees and costs in favor of Plaintiff. Plaintiff, who is legally blind, alleged a single cause of action against Chopard under the…

Logan v. Country Oaks Partners  
Date: August 18, 2022
Docket Number: B312967

Justia Opinion Summary: Plaintiff designated his nephew as his health care agent and attorney-in-fact using an advance health care directive and power of attorney for health care decisions form developed by the California Medical Association…

California v. Salgado  
Date: August 18, 2022
Docket Number: G060656

Justia Opinion Summary: Victor Salgado appealed a recall and resentencing under former Penal Code section 1170 (d)(1). After Salgado shot at a rival gang member but killed another, he was charged with: one count of first degree murder; one…

People v. Guillory  
Date: August 17, 2022
Docket Number: A161952

Justia Opinion Summary: Guillory, convicted in 2004 of kidnapping, carjacking, robbing, and murdering Curtis, claimed she qualified for resentencing under Penal Code section 1172.6(d) (effective January 1, 2019) because the jury rejected a…

Dept. of Alcoholic Beverage Control v. Alcoholic Beverage etc.  
Date: August 17, 2022
Docket Number: C094984

Justia Opinion Summary: The California Department of Alcoholic Beverage Control (Department) suspended the license of real party in interest, Bogle Vineyards, Inc. (Bogle), for 10 days after finding that Bogle violated Business and Professions…

California v. Orosco  
Date: August 17, 2022
Docket Number: D079723

Justia Opinion Summary: Appellant Jesse Orosco appeals his conviction for one count of assault on a peace officer by means of force likely to produce great bodily injury. He argued: (1) there was no substantial evidence the victim was a peace…

Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC  
Date: August 17, 2022
Docket Number: E075228

Justia Opinion Summary: Plaintiffs Lynn Gerlach and Lola Seals appealed the judgment entered in their action against defendant K. Hovnanian’s Four Seasons at Beaumont, LLC under the Right to Repair Act (the Act), concerning alleged construction…

In re Raul V.  
Date: August 17, 2022
Docket Number: E077964

Justia Opinion Summary: The juvenile court bypassed family reunification services for appellant S.Z. (Mother) pursuant to Welfare and Institutions Code section 361.5 (b)(5) and (c)(3). Mother contended the court’s ruling was not supported by…

Technology Credit Union v. Rafat  
Date: August 17, 2022
Docket Number: H049471

Justia Opinion Summary: Technology Credit Union (TCU) sought a workplace violence restraining order (WVRO) (Code Civ. Proc., 527.81) restraining Rafat and protecting TCU’s employee, M.L., claiming that Rafat had made a credible threat of…

P. v. Peyton
Date: August 16, 2022
Docket Number: B314992M

CV Amalgamated LLC v. City of Chula Vista  
Date: August 15, 2022
Docket Number: D078720

Justia Opinion Summary: This litigation arose from a decision by the City of Chula Vista (the City) to reject applications by CV Amalgamated LLC, dba Caligrown (CVA) for licenses to operate retail cannabis stores in the City. In 2018, the City…

Maleti v. Wickers  
Date: August 15, 2022
Docket Number: H048393

Justia Opinion Summary: At the time of his death, Farkas owned Parcels 5 and 18. His widow, McLaughlin, brought a probate petition to establish and enforce an access easement benefiting that property, naming Maleti. Maleti sold Parcel 18 to…

People v. Calvary Chapel San Jose  
Date: August 15, 2022
Docket Number: H048708

Justia Opinion Summary: In 2020, California and Santa Clara County issued public health orders intended to combat the Covid-19 pandemic, including orders restricting indoor gatherings and requiring face coverings, social distancing, and…

In re S.H.  
Date: August 12, 2022
Docket Number: A163623

Justia Opinion Summary: In May 2021 the Agency received a report of general neglect of an infant. A social worker met with Mother and her partner, Anthony; both reported that there was no known Native American ancestry. The dependency petition…

California v. Gregor  
Date: August 12, 2022
Docket Number: C090171

Justia Opinion Summary: Defendant Andrew Gregor, a naturalized citizen from Australia, pleaded guilty to a felony sex offense that was later reduced to a misdemeanor and dismissed after early termination of probation. After he was informed he…

P. v. Beasley
Date: August 11, 2022
Docket Number: G060302M

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

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

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

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

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

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

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

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

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

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

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

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

Alfaro v. Waterhouse Management Corp.  
Date: August 4, 2022
Docket Number: B313842

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

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

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

P. v. Ayon
Date: August 4, 2022
Docket Number: H047360M

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In re Ernesto L.
Date: July 27, 2022
Docket Number: A162151M

Nunez v. City of Redondo Beach  
Date: July 27, 2022
Docket Number: B308741

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. v. Mitchell  
Date: July 22, 2022
Docket Number: B308780

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

Callanan v. Grizzly Designs, LLC  
Date: July 22, 2022
Docket Number: C094008

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

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

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

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

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

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

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

Seviour-Iloff v. LaPaille
Date: July 21, 2022
Docket Number: A163503M

P. v. Manzanilla
Date: July 21, 2022
Docket Number: B313557M

J.J. v. Super. Ct.  
Date: July 21, 2022
Docket Number: C095308

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rittiman v. Public Utilities Commission
Date: July 13, 2022
Docket Number: A162842M

Golden Gate Land Holdings LLC v. Direct Action Everywhere  
Date: July 13, 2022
Docket Number: A163315

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

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

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

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

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

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

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

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

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

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

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

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

California v. Harden  
Date: July 12, 2022
Docket Number: D078191A

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

California v. Zabelle  
Date: July 11, 2022
Docket Number: C093173

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. v. Bunas
Date: July 5, 2022
Docket Number: D078819M

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In re Dezi C.
Date: June 28, 2022
Docket Number: B317935M

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. ex rel. Spitzer v. AWI Builders, Inc.
Date: June 24, 2022
Docket Number: G059795A

County of Sonoma v. Public Employment Relations Board  
Date: June 23, 2022
Docket Number: A163100

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In re Q.M.
Date: June 16, 2022
Docket Number: B313171

California v. Richardson  
Date: June 16, 2022
Docket Number: E076087

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Marriage of Aviles & Vulovic
Date: June 14, 2022
Docket Number: E076743M

Bruno v. Hopkins  
Date: June 14, 2022
Docket Number: H044960

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

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

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

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

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

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

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

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

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

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

640 Tenth, LP v. Newsom
Date: June 9, 2022
Docket Number: D079339M

A.F. v. Jeffrey F.  
Date: June 9, 2022
Docket Number: D079373

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. v. Maplebear Inc.
Date: June 6, 2022
Docket Number: D079209M

Filtzer v. Ernest  
Date: June 3, 2022
Docket Number: B308484

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vatalaro v. County of Sacramento  
Date: June 1, 2022
Docket Number: C090896

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

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

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

Welch v. Welch  
Date: May 31, 2022
Docket Number: B311507

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

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

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

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

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

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

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

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

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

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

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

P. v. Cruz-Partida
Date: May 26, 2022
Docket Number: A160334M

Young v. Superior Court of Solano County  
Date: May 26, 2022
Docket Number: A162850

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

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

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

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

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

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

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

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

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

P. v. Murphy
Date: May 25, 2022
Docket Number: B306773

In re M.E.  
Date: May 25, 2022
Docket Number: C094587

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

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

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

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

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

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

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

P. v. Henderson
Date: May 24, 2022
Docket Number: C088883M

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Divino Plastic Surgery v. Super. Ct.
Date: May 19, 2022
Docket Number: D079661M

P. v. Lopez
Date: May 19, 2022
Docket Number: G060261M

Padilla v. City of San Jose  
Date: May 19, 2022
Docket Number: H046132

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

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

People v. Miller  
Date: May 18, 2022
Docket Number: A161601

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

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

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

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

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

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

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

Hassaine v. Club Demonstration Services
Date: May 18, 2022
Docket Number: D079396M

Soleimany v. Narimanzadeh  
Date: May 17, 2022
Docket Number: B304644

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sky Posters Inc. v. Dept. of Transportation
Date: May 12, 2022
Docket Number: B304897M

We Advocate Through etc. v. County of Siskiyou  
Date: May 12, 2022
Docket Number: C090840

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. v. Johnson & Johnson
Date: April 27, 2022
Docket Number: D077945M

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

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

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

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

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

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

Gajanan, Inc. v. City and County of S.F.
Date: April 26, 2022
Docket Number: A160539M

Samantha B. v. Aurora Vista Del Mar
Date: April 26, 2022
Docket Number: B302321M

State of Cal. v. Super. Ct.  
Date: April 26, 2022
Docket Number: B315611

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

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

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

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

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

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

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

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

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

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

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

Miraskandari v. Edwards Wildman Palmer LLP
Date: April 25, 2022
Docket Number: B301785M

Autonomous Region of Narcotics Anon v. Narcotics Anon World Svcs  
Date: April 25, 2022
Docket Number: B309376

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

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

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

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

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

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

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

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

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