12 results for 'judge:"Robie"'.
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: Family Law, Native Americans
J. Robie finds that substantial evidence supported a finding that a utility customer aided and abetted the diversion of electricity. He purchased equipment to grow cannabis, made phone calls to the area, collected money that could have come from the operation, and utility employees found no one living at the home while every room was set up to grow cannabis. The same evidence supported a treble damages award of $82,000 plus attorney fees. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 30, 2024, Case #: C097382, Categories: Damages, Conversion
J. Robie finds that the trial court properly rejected a civil service employee's claim that her due process rights were violated when she was denied a Skelly hearing. Skelly hearings are only available upon notice of an adverse employment action, and she chose a voluntary demotion rather than face what she was told would be possible termination. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 23, 2024, Case #: C097235, Categories: Employment, Due Process
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The payments for merchandise are subject to the trust requirements for preneed contracts under the Short Act because they were sold as part of a package deal. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098017, Categories: Contract
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The exception does not apply because the funeral home did not deliver the merchandise. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098037, Categories: Contract
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J. Robie finds that the trial court properly denied a county's anti-SLAPP motion, which it filed in an effort to strike a demoted employee's whistleblower retaliation complaint. Though it was error to hold that the county was required to fully cite the parts of the complaint it sought to strike, its demotion of the employee was not protected conduct under anti-SLAPP law. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 25, 2024, Case #: C095426, Categories: Anti-slapp, Civil Procedure, Employment Retaliation
J. Robie finds that the trial court properly denied a motion to compel arbitration of employment discrimination and retaliation claims after deciding not to sever the unconscionable terms of an employment contract's arbitration provision. The procedural and substantive unconscionability of the provision is so extensive, the trial court could not just eliminate the bad parts but would have had to rewrite it entirely. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 16, 2024, Case #: C097674, Categories: Arbitration, Employment
J. Robie finds that the trial court should have suppressed the firearms found in defendant's mother's car after he consented to having it searched. Police said they would not tow the car if he gave consent, but it was a false promise of leniency as they towed it anyway. Defendant would not have voluntarily consented if not for the false promise, which is a form of coercion. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: November 7, 2023, Case #: C098102, Categories: Firearms, Search
J. Robie finds that the trial court properly upheld a county's certification of a 848-acre multi-use development. The climate change analysis in the project's environmental impact report relied on a methodology that was never rejected by state appellate courts as alleged by an opponent of the project. The methodology the county used did not compare the project's greenhouse gas emissions with a "statewide business-as-usual goal," which the lead agency did in a case cited by the opponent. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: September 7, 2023, Case #: C095631, Categories: Environment, Zoning, Housing
J. Robie finds that the trial court properly relied on the record, forgoing live testimony, before denying defendant's petition for resentencing for second degree murder. She received adequate due process during the resentencing hearing, which was held to the reasonable doubt standard. Her participation in the hearing was voluntary and the hearing did not determine guilt or carry a risk of additional punishment. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: August 31, 2023, Case #: C093672, Categories: Murder, Sentencing, Due Process
J. Robie finds that the trial court improperly found defendant guilty of being a felon in possession of a firearm. Though the arresting officer had probable cause to search defendant's passenger floorboard based on a radio call from another officer who had surveilled the vehicle and had seen defendant place a firearm under the passenger seat, he did not have probable cause to search the vehicle's trunk, where the firearm was ultimately found. Reversed.
Court: California Courts Of Appeal, Judge: Robie , Filed On: July 25, 2023, Case #: C096463, Categories: Firearms, Search
J. Robie holds that the trial court improperly dismissed a complaint for trespass and injunctive relief against an elected tribal chairperson after it found that state courts lack jurisdiction over intra-tribal leadership disputes. No tribal dispute existed to deprive the trial court of jurisdiction since neither party challenged the validity of the suspension of the elected chairperson or the authority of the tribal council to act on behalf of the tribe in passing the suspension resolution. The property subject to the trespass claim is not tribal land but is owned in fee simple, and the suspended chairperson failed to show that federal law bars state courts of jurisdiction over property disputes between tribal members over non-tribal land. Reversed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: July 12, 2023, Case #: C096097, Categories: Property, Native Americans, Jurisdiction