7 results for 'judge:"Bamattre-Manoukian"'.
J. Bamattre-Manoukian finds that the trial court erroneously held that a county was not required to comply with a city's claim presentation ordinance before it sued the city for reimbursement of sums spent on emergency road repairs. The city ordinance has a claim presentation requirement that applies to all claims that are exempted from the requirement under the Government Claims Act. The city ordinance also expressly states that no lawsuit for claims for money or damages may be filed unless a written claim has first been presented to the city. Vacated.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: April 16, 2024, Case #: H050881, Categories: Municipal Law
J. Bamattre-Manoukian finds that the trial court properly admitted evidence found after defendant was required to use his fingerprint to unlock his phone. Two electronic communications search warrants supported the compulsion, and regardless of the warrants, the evidence showing he had sexually abused several minors met the good faith exception to the exclusionary rule. The search did not violate his right against self-incrimination because he was not compelled to provide a combination or other contents of his mind, and because the use of his fingerprint was not a testimonial act. Even if the state's expert testimony about the responses typical of childhood sexual abuse victims was impermissible, the error was harmless. And his due process rights were not violated by an instruction that the jury could rely on proof established of any charged offense to show his predisposition to commit the other charged offenses. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: December 22, 2023, Case #: H049957, Categories: Search, Sex Offender, Due Process
J. Bamattre-Manoukian finds that the trial court had discretion under the Sustainable Groundwater Management Act to deny a city's challenge to a county's groundwater sustainability plan for an aquifer sub-basin. Where local agencies fail to reach an agreement on which agency should manage an aquifer, the county may step in as the presumptive groundwater management agency. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: November 13, 2023, Case #: H049575, Categories: Water
J. Bamattre-Manoukian denies the murder convict’s petition for a writ of mandate to disqualify a judge who denied his petition for resentencing once, and then again after the Sixth District reversed and remanded the first order. Laws cited address a trial judge in a prior proceeding who is assigned to conduct a new trial, not to rule on a request for resentencing. Petitioner fails to demonstrate that his post-appeal proceeding is a “new trial.” Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 29, 2023, Case #: H050633, Categories: Judiciary, Murder, Sentencing
[Modified.] J. Bamattre-Manoukian modifies several paragraphs and footnotes in a foreclosure case with no change in judgment. The trial court improperly held that claim preclusion barred borrowers' lawsuit for wrongful foreclosure and related causes. The federal rule that the second of two voluntary dismissals without prejudice by a plaintiff constitutes a final judgment on the merits does not apply to subsequent state court actions on state law claims. However, borrowers lacked standing to pursue a wrongful foreclosure claim on the basis of a defective deed assignment since the defect made the assignment voidable but did not void the foreclosure. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 27, 2023, Case #: H049324, Categories: Banking / Lending
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J. Bamattre-Manoukian finds that defendant is not entitled to resentencing under changes to the felony murder rule for a death that occurred as he fled the store he had burglarized. He struck the victim with his car during flight and the victim suffered a fatal head injury when he hit the ground, so defendant was the actual killer and was solely responsible for the victim's death. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 26, 2023, Case #: H050142, Categories: Murder
J. Bamattre-Manoukian finds that the trial court improperly held that claim preclusion barred borrowers' lawsuit for wrongful foreclosure and related causes. The federal rule that the second of two voluntary dismissals without prejudice by a plaintiff constitutes a final judgment on the merits does not apply to subsequent state court actions on state law claims. However, borrowers lacked standing to pursue a wrongful foreclosure claim on the basis of a defective deed assignment since the defect made the assignment voidable but did not void the foreclosure. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: August 30, 2023, Case #: H049324, Categories: Banking / Lending