9 results for 'judge:"Boulware Eurie"'.
[Modified.] [Consolidated.] J. Boulware Eurie modifies a footnote and denies a rehearing with no change in judgment. The trial court was right to conclude that a staffing company hired by a subcontractor on public works projects was not a "laborer" under the mechanics' lien law since it was acting as an employer that bestowed labor on a work of improvement. Also, the prevailing parties were properly awarded attorney fees because the mechanics' lien law governs the payment bonds that were issued on the projects. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: January 19, 2024, Case #: C096705, Categories: Constitution, Contract
J. Boulware-Eurie finds that a citation for a workplace safety violation was not supported by sufficient evidence that workers were exposed to the fungus that causes Valley Fever. However, the employer violated regulations by requiring workers to wear masks without evaluating their fitness to wear them. Reversed in part.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: October 16, 2023, Case #: C096704, Categories: Administrative Law
J. Boulware Eurie finds that the trial court properly admitted screenshots of a rap video that show defendant's tattoo, blue clothes, a hand sign and other indicators of his association with the Crips that were relevant to show his motive for shooting a victim who was wearing red. The screenshots were not prejudicial since they were central to the state's claim that defendant believed the victim was in a rival Bloods gang and the video itself was not played. Also, recent legislation that limits the evidentiary use of forms of creative expression is not retroactively applicable. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: September 11, 2023, Case #: C096437, Categories: Murder, Gangs
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J. Boulware Eurie finds that the trial court should have suppressed drugs found in defendant's car during a warrantless search subsequent to a traffic stop for missing vehicle tags. The reason for the stop ended once the officer saw the proper documentation in the vehicle's rear window and he unlawfully prolonged the stop to make further inquiries, which revealed evidence of criminality. Vacated.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 31, 2023, Case #: C096555, Categories: Drug Offender, Search
J. Boulware Eurie finds that the New Motor Vehicle Board properly approved the establishment of a new Honda dealership less than 10 miles from an existing Honda dealership. The Board was allowed by statute to rely on the car manufacturer's dealer performance standards when considering the likely impact on the existing dealer. The new dealership's peremptory challenge to the first administrative law judge who was assigned to hear the existing dealer's protest was allowed by the Board regulations. The Board was not required to entertain the existing dealer's late request to take official notice of Covid-19 effects on the sales environment. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 24, 2023, Case #: C095058, Categories: Administrative Law
J. Boulware Eurie finds that the trial court properly converted a criminal restitution order into a $1 million civil judgment against insurance fraudsters who falsely claimed they lost an original Van Gogh painting in a house fire. Statute authorizes trial courts to deem restitution orders money judgments, as crime victims may seek civil remedies for economic losses from criminal activity. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: May 26, 2023, Case #: C095606, Categories: Fraud, Insurance