7 results for 'judge:"Lie"'.
J. Lie finds that the trial court properly sided with an insurer that denied coverage for losses that the National Hockey League and professional hockey teams and venues suffered because of the Covid-19 pandemic. The league, teams and venues cannot claim they suffered covered physical loss or damage because their commercial insurance policies' contamination provisions exclude viral contamination. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: December 21, 2023, Case #: H050441, Categories: Insurance, Covid-19
J. Lie affirms the trial court conclusion that a husband was not legally bound by a 2010 wedding in India, which was followed in 2013 by a civil ceremony in Chicago. He was not domiciled there, did not voluntarily submit to be bound by the Indian Hindu Marriage Act of 1955 and the marriage there was never registered. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: November 15, 2023, Case #: H050105, Categories: Family Law
J. Lie finds the county court improperly entered judgment in favor of the beneficiary under a deed of trust executed by the borrower, which purchased trust property subject to the borrower’s pending wrongful foreclosure action. Where the pendency of the wrongful foreclosure action raised an issue of title that could not be adjudicated in an unlawful detainer proceeding, the purchaser could not serve the notice to quit or maintain an unlawful detainer action until the notice or pending litigation had been resolved. The court erred in precluding the borrower from raising the notice of pending litigation to rebut the purchaser’s claim of duly perfected title. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Lie, Filed On: October 12, 2023, Case #: H049791, Categories: Trusts, Banking / Lending, Foreclosure
J. Lie grants the county’s petition for a writ of mandate directing the trial court to modify its discovery order in the underlying land use dispute involving allegations that the county tried to bury a report that a potential chemical release at a plant adjacent to a project site presented a risk to the public. A legal education nonprofit’s attempt to use the Civil Discovery Act as a shortcut to enforce the Public Records Act is not permissible, and the portion of the order compelling compliance with the Public Records Act by way of the Civil Discovery Act is reversed because of the potential for abuse in the breadth of pretrial discovery. “Writ review is appropriate in discovery matters where ... it is necessary to address ‘questions of first impression that are of general importance to ... courts ... and where ... guidelines can be laid down for future cases.’”
Court: California Courts Of Appeal, Judge: Lie, Filed On: October 10, 2023, Case #: H050285, Categories: Environment, Agency, Discovery
J. Lie finds the trial court improperly granted the water district’s petition for a writ of mandate challenging the county’s approval of California-American Water Company’s application for a permit to construct the desalination plant and other facilities in an unincorporated part of Monterey County as part of its Monterey Peninsula Water Supply Project. The county’s statement of overriding considerations justifying the project was supported by substantial evidence and any remaining deficiency in the statement as an informational document was not prejudicial. The water district does not dispute that the California Public Utilities Commission’s environmental impact report identified remedial mitigation measures, or that the county adopted them, and the water district has shown no basis for continuing concern with the project’s consistency with the policies. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Lie, Filed On: October 4, 2023, Case #: H049146, Categories: Construction, Environment, Water
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J. Lie holds that the trial court improperly dismissed two murder counts against defendant. The two-dismissal rule does not apply to prohibit prosecution because the first dismissal by the magistrate court was not based on a factual finding. The magistrate court's preliminary hearing probable cause conclusion that defendant lacked the requisite state of mind for murder charges was a legal conclusion, not a factual one, so the state was free to file a second complaint. Reversed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: September 15, 2023, Case #: H050153, Categories: Criminal Procedure, Murder, Dui
J. Lie finds that the trial court was right to deny a motion to suppress the loaded unregistered handgun police found in a search of a juvenile. Probable cause was formed when the juvenile fled as his companions were being detained and patted down. His facial challenge to the constitutionality of the state's firearms licensing scheme fails because he did not show that its enforcement infringes Second Amendment rights in the great majority of cases. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: August 24, 2023, Case #: H050112, Categories: Firearms, Juvenile Law, Search