812 results for 'court:"California Courts Of Appeal"'.
J. Mauro finds that the trial court prematurely discharged a writ that directed the Department of General Services to revisit its certification of the environmental impact report for a plan to demolish the State Capitol Building Annex. The Department certified a revised environmental impact report that left a visitor center out of the project. But the Department must still determine whether the revised environmental impact report for the approved portions of the project comply with this court's decision in Save Our Capitol. Reversed.
Court: California Courts Of Appeal, Judge: Mauro, Filed On: May 15, 2024, Case #: C100160, Categories: Construction, Environment
J. Yegan finds that defendant failed to preserve his claim that he is entitled to resentencing for conspiring to smuggle marijuana into prison. Neither he nor counsel show any legal error occurred in a previous resentencing that took two years off his 10-year sentence. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: May 15, 2024, Case #: B325433, Categories: Drug Offender, Sentencing
J. Petrou finds that an order for involuntary antipsychotic medication expired so defendant's appeal is moot, but the trial court erred in holding that she was not entitled to writ review of the order. A defendant found incompetent to stand trial has a liberty interest that supports the interim judicial review of temporary involuntary antispychotic medication orders. Neither administrative court proceedings nor a mandatory involuntary medication hearing within 18 days of a doctor's certification for involuntary medication constitute adequate judicial review. Reversed in part.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: May 14, 2024, Case #: A167272, Categories: Criminal Procedure, Competence
J. Kelety finds that the trial court properly granted summary judgment to governmental entities on a trip and fall complaint. Trail immunity shields the entities from liability for a fall caused when a park visitor tripped on a cable that was strung between two wooden posts. No dispute existed about whether the cable was on a walking path down to a beach that both the visitor and the entities described as a trail, or that the wooden poles and cable were parts of the trail. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: May 13, 2024, Case #: D083075, Categories: Immunity, Negligence
J. Duarte finds that the trial court was within its discretion to deny class certification of a nuisance action alleging a city allowed the pH level of its water supply to become corrosive. Common issues do not predominate since each claim for property damage would require individualized determinations about the city's nuisance liability. Affirmed.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: May 13, 2024, Case #: C099011, Categories: Water, Class Action
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J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: Arbitration, Health Care, Wrongful Death
J. Hull holds that an appeals board properly overturned an adminstrative court's denial of workers' compensation benefits for injuries a worker suffered in a traffic collision while off duty. His work at a temporary, remote firefighting camp made him a commercial traveler, exempt from the going and coming rule. He was traveling to find cell service during off hours, which was an activity for comfort or leisure that was incident to his employment. The employer contemplated workers would leave the camp in their personal vehicles and was a reasonably foreseeable consequence of being employed away from home.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 10, 2024, Case #: C098711, Categories: Workers' Compensation
J. Humes finds that the trial court improperly granted the state's peremptory strike of a Black, female juror from defendant's trial for sexual abuse of a child. The strike was prima facie discriminatory but the state's reasons for the strike were facially race-neutral. However, the trial court failed to adequately probe the state's claims that it struck the prospective juror because she held a doctoral degree in a soft science, said she was concerned about implicit bias and demonstrated she might be too opinionated. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 10, 2024, Case #: A164789, Categories: Jury, Sex Offender
The appeals court upholds the trial court denial of an anti-SLAPP motion that an ex-wife filed in response to her ex-husband's petition for a restraining order. Emails she sent about a lawsuit she planned to file against him were protected by litigation privilege, but others were unrelated and unprotected. However, using the litigation privilege in support of an anti-SLAPP motion to bar his petition for a restraining order would run counter to the purpose of litigation privilege. A restraining order would not limit her access to the judicial process, and preventing him from filing for one would limit his. And he met his prima facie burden of showing that her emails were sufficiently abusive under statute to withstand her anti-SLAPP motion. Affirmed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: H049873, Categories: Anti-slapp, Restraining Order
J. Weingart finds that the trial court properly rejected a challenge to a property tax reassessment triggered by a change in the ownership of a leased property. The transaction occurred with 26 years remaining on the lease, which is below the statutory 35-year threshold for reassessments. The leasehold interest gave the lessee effective ownership until fewer than 35 years remained on the lease, after which the "leasehold interest was no longer substantially equal to the value of the fee interest" and Proposition 13's protections no longer applied. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: May 9, 2024, Case #: B324243, Categories: Property, Tax
J. Delaney finds that the trial court improperly granted an anti-SLAPP motion in a defamation case filed by a politician's wife who claimed that statements on YouTube falsely associated her with communists in Vietnam. The wife did not become a limited purpose public figure simply by carrying a campaign poster one time at a cultural event, and family members of political candidates are not automatically public figures without more purposeful action of their own, so she is not required to show actual malice by the YouTube commenter. At the anti-SLAPP stage, the wife met her burden of showing that the allegation of communist ties was false, had a natural tendency to injure and demonstrated negligence, and the comments were not privileged. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: May 8, 2024, Case #: G062338, Categories: Anti-slapp, Defamation
J. Jackson finds that the trial court was within its discretion to require that insureds who sought attorney fees in a bad faith insurance action waive their attorney-client privilege to allow discovery of invoices, fee agreements and payment history. Under Brandt, the recovery of insureds' attorney fees as an element of their damages is an election that requires them to provide discovery, and seeking recovery of attorney fees is an implied waiver of privilege.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 7, 2024, Case #: A169321, Categories: Insurance, Privilege, Attorney Fees
J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: Family Law, Native Americans
J. Detjen finds that the trial court should have granted an employee's motion to withdraw from arbitration after his former employer failed to timely pay the arbitration fees and costs. The employer was $250 shy of the full amount due, and its argument that the employee had to pay one-half that amount fails because the arbitration agreement's sharing provision only applies to the initial case management fee, which had already been paid. Also, the employee's silence when the employer sought an extension did not mean he "agreed" to the extension. Reversed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: May 6, 2024, Case #: F086342, Categories: Arbitration, Employment, Sanctions
J. Segal finds that the juvenile court properly declared a mother's son a dependent child of the court and ordered his removal after finding that the evidence showed her substance abuse put the child at a substantial risk of serious physical harm. The removal was also supported by her refusal to cooperate with the family services department, and by her absconding with the child for two years, which put the child at risk and made department oversight impossible. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: May 6, 2024, Case #: B318672, Categories: Family Law
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: Family Law, Native Americans
J. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: Drug Offender, Juvenile Law, Search
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: Evidence, Murder, Sentencing
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: Murder, Sentencing
[Consolidated.] J. Baltodano holds that the trial court must revisit the restitution claims of four commercial fishers who argue they lost revenue due to a crude oil spill. Neither a mediated civil settlement nor a class action lawsuit bar restitution for commercial fishers who demonstrate direct financial losses from the criminally unlawful discharge. However, the trial court properly denied restitution to oil platform employees who relied on the oil industry since the income they lost when the pipeline shut down made them only indirect victims. Reversed in part.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: May 2, 2024, Case #: B315256, Categories: Restitution, Environment, Criminal Negligence
J. Snauffer finds that the instructions given to the jury in defendant's sexual abuse case did not create a preferential credibility standard for the complaining witness. One instruction told the jury to be careful when fact-finding on the basis on one witness's testimony and the other told the jury that a conviction may legally be based on one witness's testimony. However, the trial court erred in convicting him for distinct acts of sexual abuse that occurred during the period for which he was also convicted of continuous sexual abuse. Vacated in part.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: May 2, 2024, Case #: F085895, Categories: Sentencing, Sex Offender, Jury Instructions
J. Bedsworth holds that the trial court properly awarded $10,000 in discovery sanctions against a law firm. Regardless of whether the law firm was counsel of record when sanctions were imposed, it is liable because it misused the discovery process with unmeritorious objections, evasive responses and nasty emails, and its lead attorney was "woefully uncivil." Affirmed.
Court: California Courts Of Appeal, Judge: Bedsworth, Filed On: May 2, 2024, Case #: G061829, Categories: Sanctions, Discovery, Attorney Discipline
J. Feuer finds that, after dismissing prior prison term sentence enhancements, the trial court properly gave defendant the same 12-year sentence he originally received for robbery and possession of a firearm by a felon. The trial court had discretion to reimpose a previously stricken firearm enhancement after finding he posed a continuing threat to public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 1, 2024, Case #: B326131, Categories: Robbery, Sentencing
J. Robie finds that substantial evidence supported a finding that a utility customer aided and abetted the diversion of electricity. He purchased equipment to grow cannabis, made phone calls to the area, collected money that could have come from the operation, and utility employees found no one living at the home while every room was set up to grow cannabis. The same evidence supported a treble damages award of $82,000 plus attorney fees. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 30, 2024, Case #: C097382, Categories: Damages, Conversion
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: Administrative Law, Elections, Municipal Law
J. Rothschild finds that the trial court improperly gave a deadlocked jury additional guidance on implied malice, resulting in a unanimous decision to convict defendant for second degree murder. Implied malice requires a conscious disregard from human life, not merely a disregard for whether someone is hurt or killed. Reversed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: April 29, 2024, Case #: B328209, Categories: Murder, Jury Instructions
J. Danner finds that the trial court properly rejected a challenge to a city's plan to issue and sell bonds to fund its pension liabilities. The city's charter creates an obligation to provide city employees with pensions, this contractual commitment must be managed in an actuarially sound manner and the unfunded liability for future pension payments is a current debt that has already been incurred. The plan does not trigger constitutional debt limits requiring voter approval, as it will not cause indebtedness that exceeds revenue in any given year. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: April 29, 2024, Case #: H050889, Categories: Constitution, Pensions, Tax
J. Simons finds that the trial court improperly ordered defendant to pay restitution after the end of her two-year mental health diversion period. Even though a mental health diversion does not end with a conviction, the trial court could have imposed restitution at the time it entered the diversion order and ordered its payment during diversion. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 26, 2024, Case #: A166452, Categories: Restitution, Restraining Order
J. Adams finds that the trial court properly sustained Apple's demurrer on a class action complaint alleging that the Apple App Store imposes unfair contractual terms on software developers. The Colgate doctrine provides Apple with a safe harbor against the developers’ unfair competition claim under the unfair prong, as Apple's practices amounted to permissible unilateral conduct under both antitrust and unfair competition statutes. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: April 25, 2024, Case #: H050526, Categories: Antitrust, Unfair Competition