812 results for 'court:"California Courts Of Appeal"'.
J. Chou finds that the trial court properly rejected a company's motion to vacate the dismissal of its cross-complaint in a personal injury matter, a dismissal it claimed was approved by its attorney without its authorization. Email records do not support its argument that the dismissal was a surprise or the result of excusable neglect. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: February 28, 2024, Case #: A167137, Categories: Settlements, Negligence
J. Edmon finds that the trial court erroneously upheld the revocation of a psychologist's license by the Board of Psychology. His evaluation of two children without their father's consent and without consulting their therapist did not violate ethical standards. The children's mother provided adequate consent and their reported suicidal and homicidal ideations constituted an emergency, even if a subsequent evaluation showed they were not at risk of imminent harm. And psychologists have discretion about whether consultation with other professionals is indicated and appropriate. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: February 28, 2024, Case #: B322991, Categories: Health Care, Licensing, Negligence
J. Feuer finds that the trial court properly held that an attorney should have produced documents in response to a subpoena from the Hollywood Foreign Press Association. But it was error to disqualify the attorney from representing a former member who was suing the association because no evidence showed that the privileged information prejudiced the association, and the disqualification deprived the former member of his right to his choice of counsel. The proper discipline would be a sanction or to report the attorney to the state bar. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: February 27, 2024, Case #: B324842, Categories: Privilege, Contract, Attorney Discipline
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J. Levy finds, on first impression, that changes to statutory definitions of malice and the degrees of murder did not abolish the doctrine of transferred intent. Therefore, the trial court properly denied defendant's petition for resentencing on a first degree murder conviction for the death of an unintended victim. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: February 27, 2024, Case #: F086179, Categories: Murder, Sentencing
J. Mesiwala finds that the trial court erred in holding that a state tax imposed on the value of a bundled cell phone contract violates statute. The tax regulation properly allocates a part of the bundled contract price to the cell phone's full price, even if the cell phone's price is discounted as part of a bundle that includes wireless service. The regulation resulted from a process that complied with the Administrative Procedures Act. Reversed in part.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: February 27, 2024, Case #: C093763, Categories: Administrative Law, Tax
J. Richman finds that the trial court erred in denying a gravely disabled person's motions to dismiss conservatorship proceedings. The trial court abused its discretion in finding that good cause existed to continue the trial despite a statutory requirement that proceedings commence within 10 days. But the disabled person failed to show prejudice or that the trial court erroneously concluded that she was gravely disabled. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: February 27, 2024, Case #: A167919, Categories: Commitment, Due Process, Competence
J. Moore finds that defendant failed to preserve his claim that the trial court improperly allowed a prior domestic violence conviction to be introduced as propensity evidence at trial. Nonetheless, the admission was not an abuse of discretion, and even if it was error, it was not prejudicial. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 27, 2024, Case #: G063090, Categories: Evidence, Domestic Violence
J. Buchanan finds that the trial court must hold an evidentiary hearing on defendant's claim for resentencing on a manslaughter conviction. He made a prima facie case for resentencing on the conviction, which was the result of a guilty plea to a lesser included offense of a charged murder, and the record is insufficient to determine whether he could be convicted of murder under current law. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D082071, Categories: Murder, Sentencing, Manslaughter
J. Poochigian finds that the trial court properly denied contractors' motions to compel the arbitration of an elderly homeowner's fraud, consumer warranty and unfair debt collection claims over a contract to install solar panels. Evidence from DocuSign showing the homeowner reviewed and signed the contract in just 38 seconds met the business records exception to the hearsay rule. Also, the contractors failed to show the homeowner's signature was valid as a matter of law, and, though sharp factual disputes meant the trial court should have held an evidentiary hearing, it was within its discretion to rely on recordings and undisputed declarations to deny arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F085918, Categories: Arbitration, Construction, Evidence
J. Buchanan finds that the trial court erred in granting summary judgment to an insurer that refused to defend and indemnify a policyholder's adult child who was in a traffic collision. The policy was still in effect for the adult child because the insurer was required to give all named insureds under the policy, not just the policyholder, advance notice of policy cancellation. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D081431, Categories: Insurance
J. Poochigian finds that the trial court improperly redesignated defendant's murder conviction as a burglary conviction in response to his resentencing petition, and must redesignate it as an attempted robbery conviction. Robbery, not burglary, was the underlying felony of his felony-murder conviction. Reversed
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F086065, Categories: Criminal Procedure, Murder, Sentencing
J. Moore finds trial court improperly admitted the test results from a TruNarc, a handheld narcotics analyzer, which an Irvine police officer testified about. The officer was not qualified to testify regarding the scientific principles of laser technology, as this was a new technique. Defendant’s conviction for simple possession carisoprodol must be reversed due to the improper evidence of the TruNarc. The trial court properly convicted defendant on two methamphetamine charges. Affirmed in part. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 23, 2024, Case #: G061764, Categories: Drug Offender, Evidence
J. O’Leary finds trial court properly sentenced a man to 23 years in prison for trafficking a minor and other offenses. He argues that the court erred by not dismissing his elevated punishment under new laws. The attorney general responded that it only applied to enhancements of additional terms added to the base terms, but not to the penalty provisions. The man failed to provide any other basis on his argument about his elevated sentence. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary, Filed On: February 23, 2024, Case #: G062263, Categories: Due Process, Child Victims, Human Trafficking
J. Raphael finds the trial court properly denied defendant’s motion to vacate his voluntary manslaughter conviction after he pleaded guilty to a murder charge. The man claims he was not alone when he stabbed the victim, and that he was defending himself. The investigators recounted the admission that he acted alone, and nothing suggested there was an accomplice. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: February 23, 2024, Case #: E080611, Categories: Murder, Sentencing, Manslaughter
[Consolidated.] J. Burns denies the city’s motion for rehearing in this case where the trial court properly tossed a taxpayer challenge to an initiative to raise the county sales tax by 0.5% to fund early childhood education and pediatric care. The opinion shall be modified and there shall be no change to the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: February 23, 2024, Case #: A166401, Categories: Elections, Tax
J. Kim finds that the trial court properly ordered a city to exempt, from coastal development permit requirements, the property owners’ proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. The property owners argued they were entitled to a permit 60 days after completing the application. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 22, 2024, Case #: B323731, Categories: Civil Procedure, Government, Property
J. Lavin finds the trial court properly dismissed this Digital Infrastructure and Video Competition Act of 2006 claim in favor of Netflix and Hulu. The city’s interpretation of California state law was wrong because the Act does not allow local governments to request franchise fees from non-franchise video service providers. The commission is responsible for any enforcement of franchising authority. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: February 22, 2024, Case #: B321481, Categories: Communications
Per curium, the appeals court denies an employee’s motion for rehearing against a private nonprofit facility in this negligence claim. The judgment is unchanged, but the court modifies its Jan. 25, 2024, opinion to counter some of the employee’s misrepresentations and improper additions to the record.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: February 22, 2024, Case #: B323186, Categories: Civil Procedure, Negligence
J. Hoffstadt finds that the trial court properly granted a city’s demurrer without leave to amend on a neighboring city’s claim that heavy truck traffic being diverted onto its streets was a public nuisance. The boarder streets are outside the parties’ power to regulate because the ordinance refers to “any street, road, or public right-of-way within the city.”
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B327413, Categories: Government, Municipal Law
J. Weingart finds the trial court properly convicted a man of carjacking and terminated his mental health diversion. The man argues the trial court erred in failing to provide notice of hearing before the termination of his mental health diversion. He failed to show that the error kept him from reaching a more favorable result. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: February 22, 2024, Case #: B326944, Categories: Criminal Procedure, Sentencing
J. Hoffstadt finds the trial court improperly denied a stepfather’s motion for removal from the sex offender registry after he sexually battered his seven-year-old stepdaughter. He was charged with lewd and lascivious acts with a minor and was sentenced to six months in jail with five years of probation. The stepfather has not reoffended and has registered as a tier two sex offender in an excess of 20 years. Therefore, this case is remanded for him to be removed from the registry. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B324852, Categories: Sex Offender, Child Victims
J. Greenwood finds that the trial court properly denied defendant’s Marsden motion after he was convicted of numerous sexual assault and violent charges, including rape of an unconscious person, forcible oral copulation, criminal threatening, felony false imprisonment and more. He also argues the court erred when it denied striking or removing challenged material, but the court had the authority to properly accept the material. Affirmed in part. Vacated in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: February 21, 2024, Case #: H049430, Categories: Criminal Procedure, Evidence, Assault
J. Dato finds the trial court improperly denied an award for attorney fees in this contract dispute against a county council. The property owner alleges she was fraudulently enrolled in a Property Assessed Clean Energy program. This case is remanded for the t rialcourt to find if there is a “party prevailing on the contract,” and for further proceedings. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 20, 2024, Case #: D080978, Categories: Environment, Property, Attorney Fees
J. McConnell finds the trial court improperly convicted a man for premeditated attempted murder, conspiracy to commit murder and shooting at an occupied vehicle stemming from a gang-related drive-by shooting. The man argues the court erred by allowing the lead investigator to give an improper opinion testimony, because he was not qualified to testify that the man fired a ghost gun, striking the decedent. The jury likely relied on this prejudicial evidentiary error. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 20, 2024, Case #: D080114, Categories: Murder, Sentencing, Conspiracy
J. Dato finds the trial court properly denied a continuance in this guardianship dispute when the father’s counsel withdrew. The father requested sole and physical custody of the children. The court issued a proposed decision giving the mother sole custody of the children with the parties having equal physical custody. The husband failed to show the denial affected the outcome of proceedings and both parties shall bear their own costs in this appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 16, 2024, Case #: D080977, Categories: Family Law, Guardianship