9 results for 'judge:"Renner"'.
J. Renner finds that the trial court should have suppressed the machine gun police found on defendant's person after a warrantless search of his car turned up a loaded magazine. Police lacked probable cause to search his car under the automobile exception to the warrant requirement. The probable cause required to arrest someone differs from the probable cause for a search. Police cited defendant's known association with a gang but failed to provide reasons they believed evidence of a crime would be found in his car. Defendant was also subjected to an unreasonably long investigatory detention after police found a gun on the party whose description matched the one given in the original police call. Vacated.
Court: California Courts Of Appeal, Judge: Renner, Filed On: April 5, 2024, Case #: C099530, Categories: Firearms, Search
J. Renner finds that the trial court properly denied defendant's petition for termination from the California sex offender registry. Defendant is an Oregon resident who is currently registered there. Relief is not possible because petitioner, who was convicted in California, is not registered in any California county. Affirmed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: January 24, 2024, Case #: C097934, Categories: Sex Offender, Equal Protection
J. Renner finds that the trial court erroneously granted a bank's motion for summary judgment on a car buyer's consumer, unfair business practices and misrepresentation claims. The bank assigned an auto loan contract back to the dealer, but under the federal Holder Rule liability attaches to both a seller and a creditor even if the creditor no longer holds the debt. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: December 20, 2023, Case #: C097061, Categories: Fraud, Consumer Law, Banking / Lending
J. Renner holds that defendant is not entitled to early parole release under the provisions of Proposition 57, which allows early parole release for nonviolent offenders. He was convicted for violent felony offenses and is serving an aggregate term, even if he has completed the full term for his nonviolent offense.
Court: California Courts Of Appeal, Judge: Renner, Filed On: November 28, 2023, Case #: C098893, Categories: Burglary, Habeas, Parole
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J. Renner finds the trial court properly granted summary judgment in favor of the California Department of Water Resources in this suit seeking civil penalties and injunctive relief for the department’s release of water from Lake Oroville down the dam’s spillways. A cited statute authorizes penalties against any person who has deposited harmful materials into California waters. There is no triable issue of fact, as the context of the water release was a declared emergency from flooding. Affirmed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: October 5, 2023, Case #: C093600, Categories: Environment, Water, Injunction
J. Renner finds that the trial court applied the wrong standard to deny a utility's challenge to a water district's eminent domain action seeking to take over part of the utility's electrical distribution system. The utility was not required to show that the water district grossly abused its discretion or that it lacked substantial evidence to support its resolution of necessity. Instead, the utility must simply show that one of the resolution's condemnation for public necessity elements or one of the condemnation for a more necessary public use elements is not supported by the preponderance of evidence. Vacated.
Court: California Courts Of Appeal, Judge: Renner, Filed On: September 21, 2023, Case #: C097529, Categories: Civil Procedure, Property, Water
J. Renner holds that the trial court must reinstate a charge that defendant carried a concealed firearm in her vehicle. Under the U.S. Supreme Court decisions in Heller and Bruen, the state's concealed carry prohibition remains constitutional even if state's firearm licensing statutes were found to be unconstitutional. So, defendant's attack on the state's licensing scheme could only show that other firearm prohibitions are unconstitutional, like the ban on open carry, while leaving the ban on concealed carry intact. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: August 24, 2023, Case #: C097229, Categories: Firearms, Civil Rights
J. Renner finds that the trial court erred in ordering the arbitration of a car buyer's lemon law and fraudulent inducement claims against the car manufacturer. The equitable estoppel doctrine cannot be used to apply an arbitration provision in the dealership sales contract to the car buyer's claims against the manufacturer, which was not a signatory to the sales contract. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: August 16, 2023, Case #: C096773, Categories: Arbitration, Consumer Law