10 results for 'judge:"Poochigian"'.
[Modified.] [Consolidated.] J. Poochigian fixes two typos with no change in judgment. The trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 25, 2024, Case #: F084700, Categories: Anti-slapp, Health Care
J. Poochigian finds that a driver is entitled to a new administrative hearing to reconsider a DUI license suspension. The driver's due process rights were violated under this court's decision in California DUI Lawyers Association. The presiding public hearing officer impermissibly acted as both an adjudicator and as an advocate. His attempt to undermine the driver's expert during questioning and his decision's mischaracterization of the expert's testimony demonstrated advocacy for the Department of Motor Vehicles. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 4, 2024, Case #: F085992, Categories: Administrative Law, Licensing, Due Process
J. Poochigian finds that defendant failed to show that the trial court improperly accepted the state's explanations for its peremptory challenges to three Hispanic jurors in his murder trial. However, his conviction for active gang participation and gang and firearm enhancements to his murder conviction must be reversed under a statute narrowing the definition of gang participation. Reversed in part.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F080361, Categories: Jury, Murder, Gangs
[Consolidated.] J. Poochigian finds that the trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F084700, Categories: Anti-slapp, Health Care
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
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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. Poochigian finds that the state should have given defendant the notice called for by the Electronic Communications Privacy Act after obtaining evidence from a phone company and Facebook using several warrants. However, despite the violation, defendant was made aware of the evidence prior to trial, so the Act's purpose was achieved and suppression of the evidence was not required. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: January 22, 2024, Case #: F084307, Categories: Evidence, Murder
J. Poochigian finds that the trial court properly granted summary judgment to an irrigation district that operated a canal drain where two people drowned. Canal immunity barred the dangerous condition of public property claim because the father and daughter were not using the canal in the manner intended by the government when their vehicle ran off the road and overturned in the drain, even though the use was not volitional. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: January 8, 2024, Case #: F084621, Categories: Immunity, Wrongful Death
J. Poochigian finds that the trial court must reconsider whether a city abused its discretion in firing a police officer for untruthfulness. The trial court improperly applied collateral estoppel to establish that the officer had illegally searched a bag and found a gun. The search was based on legal consent, and allegations that the officer omitted material facts from his police report were not supported by sufficient evidence, though the trial court had substantial evidence to support its conclusion that his testimony was untruthful. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: September 13, 2023, Case #: F083402, Categories: Employment
J. Poochigian finds that the trial court improperly held that a contractor who performed consulting services in California must take his contract and fraud to an Illinois court. The trial court had jurisdiction over contracts for in-state consulting services, and for out-of-state management services performed under the same contracts. And the trial court should have applied Illinois law to determine whether a forum selection clause in the contracts should be enforced. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: June 27, 2023, Case #: F083763, Categories: Jurisdiction, Contract