7 results for 'judge:"Bromberg"'.
J. Bromberg finds that the trial court properly denied a sheriff's motion to dismiss removal proceedings against her, which ended with guilty verdicts for perjury and five other counts related to corruption in her office's processing of concealed weapons licenses. Her claim that the case was moot once she retired failed because the civil jury's finding of malfeasance in office was a conviction in the broad sense and had the collateral consequence of barring her from jury service. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: March 15, 2024, Case #: H050653, Categories: Civil Procedure, Police Misconduct
J. Bromberg modifies a previous opinion affirming the trial court’s dismissal of a California citizen’s suit alleging that new electricity rates are invalid because they are taxes not approved by voters. The appeals court found that the rates are not taxes and fall within an exception to the definition of taxes in the California Constitution. Modifications include reference to the citizen’s contention that the administrative record’s size is burdensome and explain that record size gives no reason for doubting evidence sufficiency. There is no change in the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: October 25, 2023, Case #: H050140, Categories: Constitution, Energy, Tax
J. Bromberg finds the trial court properly dismissed the taxpayer’s claims that electricity rates charged by a regional governmental energy entity are invalid because they are taxes which voters have not approved. Though the rates are taxes under the California Constitution’s general definition of taxes, they fall within the second exception to the definition because the energy company proved that its rates do not exceed its reasonable costs. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: October 4, 2023, Case #: H050140, Categories: Constitution, Energy, Tax
[Modified.] J. Bromberg replaces the word "reasonable" with the word "strong" to characterize the suspicion of bribery created by grand jury evidence, with no change in judgment. The trial court erred in dismissing a bribery charge against Apple's head of security, who had agreed to donate iPads to the Santa Clara County undersheriff in exchange for concealed carry weapons licenses for Tim Cook's security team. Though defendant nixed the donation after the licenses were issued, “a public official may be bribed with a promise to donate to the official’s office.” Reversed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: September 18, 2023, Case #: H049408, Categories: Bribery
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J. Bromberg finds that the trial court erred in dismissing a bribery charge against Apple Inc.'s head of security, who had agreed to donate iPads to the Santa Clara County undersheriff in exchange for concealed carry weapons licenses for Tim Cook's security team. Though defendant nixed the donation after the licenses were issued, “a public official may be bribed with a promise to donate to the official’s office.” Reversed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: August 25, 2023, Case #: H049408, Categories: Bribery
J. Bromberg finds that the trial court properly granted a county's demurrer on an allegation that its failure to maintain an airport was waste under statute. The complaint failed to adequately allege that the county lacked the discretion to make the maintenance decisions it did, or that the airport's condition poses a danger to users. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: June 8, 2023, Case #: H049994, Categories: Transportation