20 results for 'judge:"Wiley"'.
[Consolidated.] J. Wiley finds that the trial court erred in denying a motion to amend filed by a company's managing member who alleged his business partner cheated him out of the proceeds of a real estate sale. He may bring his claims on behalf of member entities and pursue his conspiracy claims against the business partner. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B314426, Categories: Unfair Competition, Fiduciary Duty, Contract
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: Anti-slapp, Defamation
J. Wiley finds that the trial court erred in denying an employer's special motion to strike a former employee's malicious prosecution complaint. The employer cannot be sued for malicious proscution because the former employee faced criminal charges for property destruction only after police conducted their own investigation, fully independent of the employer's. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 18, 2024, Case #: B324368, Categories: Anti-slapp, Malicious Prosecution
J. Wiley finds that the trial court properly tossed an employment discrimination complaint because the state employee failed to exhaust his administrative remedies, as required by the Fair Employment and Housing Act. His initial administrative claim cited sex discrimination and retaliation, but did not allege the race discrimination he included in his later lawsuit. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 17, 2024, Case #: B323735, Categories: Employment Discrimination
J. Wiley finds that the trial court properly ordered a liquor store to hire guards and stop selling single servings of alcohol. The state met its burden under the drug house statute by showing that third parties used the store to sell drugs, the owner knew about the drug dealing and the owner failed to take reasonable steps to stop the activity. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 28, 2024, Case #: B309295, Categories: Injunction
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J. Wiley finds that the trial court should have suppressed the gun police found in defendant's possession during an unlawful detention. A reasonable person would not have felt free to leave after police pulled their car so close to defendant's that he could only maybe squeeze out the door, and then shined their flashlights into the car from both sides. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 15, 2024, Case #: B328954, Categories: Evidence, Firearms, Search
J. Wiley finds that the trial court properly upheld the state's order for a hospital to include in the patient days it reports for Medi-Cal reimbursement the bed hold days at its long-term facility. The state's "Long-Term Manual" is more specific than the "Hospital Manual" about bed holds, through which beds are kept available for patients who are likely to return soon, and specific statutes control over general ones. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: February 9, 2024, Case #: B316529, Categories: Medicaid
J. Wiley upholds the trial court denial of an anti-SLAPP motion filed by a homeowner in response to her contractor's defamation suit. Her online postings were not protected by litigation privilege because the public attacks on the contractor's professional reputation were not sufficiently connected to proceedings she initiated with the contractors licensing board. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: December 27, 2023, Case #: B313864, Categories: Anti-slapp, Construction, Defamation
J. Wiley finds that evidence of a distinct tattoo on the shooter's neck, a license plate and phone records provided ample probable cause for defendant's arrest for first degree murder. Counsel was professional and deliberate in her presentation of an underconfidence defense based on the hesitancy of a witness identification. A 75-year to life sentence was supported by his extensive criminal record and his cold-blooded, unhesitating and remorseless execution of a rival taco stand vendor. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: December 18, 2023, Case #: B319020, Categories: Ineffective Assistance, Murder, Sentencing
J. Wiley finds the trial court improperly denied the nursing student's petition for a writ challenging his dismissal from a school's program. Though the school's policies did not require it to hold a hearing, the California Supreme Court has since issued a "landmark decision" about the doctrine of fair procedure. The trial court must determine whether the doctrine of fair procedure applies and, if so, whether it required the school to offer the student additional procedures. Vacated.
Court: California Courts Of Appeal, Judge: Wiley , Filed On: December 13, 2023, Case #: B320590, Categories: Civil Rights, Education, Due Process
J. Wiley finds that dismissal at the summary judgment stage of an interference with contract complaint was error since a written agreement for the sale of several gas stations, combined with extrinsic evidence, was definite enough to constitute an enforceable contract. But the trial court properly ruled against a tortious interference with contract claim since a necessary economic interest disappeared when one party assigned its interest to a third party. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: November 28, 2023, Case #: B314861, Categories: Interference With Contract, Contract
J. Wiley finds that the trial court erred in ruling that a bail agent must forfeit a $100,000 bond. After the fugitive was caught in Mexico, the state delayed its extradition decision past the appearance period. The bail agent followed the bail rules and indecision by prosecutors should not result in an unjust forfeiture, so the trial court should have asked the state to announce its extradition decision or extended the appearance period. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 18, 2023, Case #: B322752, Categories: Criminal Procedure, Sex Offender, Bail
J. Wiley finds that the trial court properly denied a name change petition because petitioner had an outstanding warrant. A trial court has the authority to deny a name change even in the absence of a third party opposing the name change and it is required to by statute to check the state's criminal database for outstanding warrants before granting a name change. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 16, 2023, Case #: B322152, Categories: Public Record
J. Wiley holds that the Workers' Compensation Appeals Board improperly delayed final rulings on claimants' petitions for reconsideration. The Board must act on petitions for reconsideration within 60 days, and it may not grant a petition only to extend the deadline for purposes of further study. However, statute does not require the Board to issue a final ruling on the merits of a petition within 60 days.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 1, 2023, Case #: B318842, Categories: Workers' Compensation
J. Wiley finds that an employer forfeited its right to compel the arbitration of a wrongful termination claim when it failed to timely pay arbitration fees. And the arbitrator lacked the authority to to cure the employer's breach of the arbitration agreement or stop the employee from withdrawing from arbitration. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 28, 2023, Case #: B318880, Categories: Arbitration, Civil Procedure, Employment
[Modified.] J. Wiley changes several sentences regarding intentionality in a manslaughter case and denies a petition for rehearing with no change in judgment. Defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 13, 2023, Case #: B319448, Categories: Firearms, Manslaughter
J. Wiley finds that defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B319448, Categories: Firearms, Murder, Sentencing
[Modified.] J. Wiley modifies more than a dozen sentences in a defamation opinion with no change in judgment. The trial court erred in granting Rep. Maxine Waters' anti-SLAPP motion in a defamation case over for an allegation she made during the 2020 election campaign. Evidence shows the possibility that Waters, who said her opponent had been dishonorably discharged from the Navy, willfully disregarded available information to the contrary. Her opponent sufficiently showed that Waters had not taken the minimal steps required to investigate the evidence he claimed showed his discharge had been honorable, so his defamation claim should have been allowed to proceed. Vacated.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B312937, Categories: Anti-slapp, Elections, Defamation