812 results for 'court:"California Courts Of Appeal"'.
J. Hull finds the trial court properly sustained Governor Newsom's demurrer to defendant's petition seeking to compel the processing of his applications for clemency or commutation. Defendant does not have a due process right that would require that the applications are processed in a particular time frame. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: April 8, 2024, Case #: C096274, Categories: Sex Offender, Due Process
[Modified.] J. Franson modifies the wording of a previously published opinion and denies a rehearing with no change in judgment. The trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: April 8, 2024, Case #: F084751, Categories: Criminal Procedure, Immigration, Assault
J. Chou finds that the trial court properly faulted an employer for breaching an employment contract's stock option provision. But the $4.3 million damages award was miscalculated since it measured the employee's damages from the date of the breach without factoring in what the parties "reasonably contemplated" when forming their contract. The calculation offered by the employee's expert properly measured the damages on the date a lock-up period ended and the employee was free to sell, so the damages award must be increased by $2.3 million. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: April 8, 2024, Case #: A165372, Categories: Employment, Damages, Contract
J. Baltodano finds that the trial court improperly denied defendant's objection to the peremptory challenge that removed an apparently Hispanic juror from his burglary trial. The state claimed the juror lacked life experience, but cited specific reasons in support of the claim that are presumptively invalid. Demeanor-based reasons are now presumptively invalid, the state failed to show the prospective juror had limited community ties, and the record does not indicate she did not understand the questions she was asked. Reversed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 5, 2024, Case #: B325200, Categories: Burglary, Jury
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
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J. Krause finds that the trial court overseeing a request for a domestic violence restraining order properly admitted an audio recording of a husband calling his wife "a fucking moron" and other names, as well as one in which he refused to let her out of the car as he continually cursed at her in front of their children. Statute allows a domestic violence victim to record confidential communications before a restraining order petition is filed if the evidence might aid the trial court in its determination. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: April 5, 2024, Case #: C097015, Categories: Domestic Violence, Restraining Order
J. Bendix finds that the trial court properly ordered the production of entries in the calendar of the governor's former senior energy advisor showing meetings with utilities, unions and the Public Utilities Commission. The deliberative process privilege does not apply because the public records request asked simply whether the meetings took place, not for information about the substance of the meetings. Also, the public has a substantial interest in knowing the level of interaction between the former advisor, Alice Reynolds, and the commission she now presides over as president.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: April 5, 2024, Case #: B330847, Categories: Public Record, Privilege
J. Langhorne Wilson finds that the trial court properly rejected an ambulance employee's argument against the retroactive application of a statute requiring emergency ambulance workers to remain on call during rest breaks. The retroactivity of the Emergency Ambulance Employee Safety and Preparedness Act was confirmed by the state supreme court and the constitutionality of retroactive application was confirmed by an appeals court. Also, the trial court was within its discretion to impose a $2,000 sanction against the employee's lawyer, whose argument lacked legal merit. Affirmed.
Court: California Courts Of Appeal, Judge: Langhorne Wilson, Filed On: April 4, 2024, Case #: A167098, Categories: Sanctions, Labor
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. Snauffer finds that the trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 4, 2024, Case #: F085699, Categories: Threats, Jurisdiction, Commitment
J. Baltodano finds that the trial court properly denied an employer's motion to compel arbitration of an employee's wage and hour claims. The arbitration agreement she signed during her first period of working for the employer did not apply to claims arising from a second and distinct period of employment that started after she negotiated a new offer of employment. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 3, 2024, Case #: B329219, Categories: Arbitration, Employment
J. Kelety finds that the trial court properly denied defendant's motion for a mental health diversion prior to a 2022 trial in which he was convicted of aggravated mayhem and assault with a deadly weapon. But the trial court must revisit his motion so it may consider subsequent statutory amendments that are retroactively applicable because they became effective prior to his sentencing. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: April 3, 2024, Case #: D081445, Categories: Competence, Assault
J. Wiley finds that the trial court properly granted summary judgment to a hotel on a guest's negligence claim for cuts caused when a handheld shower wand broke. The guest failed to establish that the hotel was on notice that the shower wand was broken, and her expert's declaration had speculative conclusions that lacked foundation. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 3, 2024, Case #: B320603, Categories: Negligence, Experts, Premises Liability
J. Feuer finds that the trial court improperly dismissed a complaint alleging embezzlement, as it lost jurisdiction after granting a business partner and associates' motion to compel arbitration. The party seeking dismissal of the case for lack of prosecution must pursue the remedy in arbitration. Also, where a party seeks the dismissal for lack of prosecution of a case that is subject to arbitration, the party may have to initiate arbitration in order to achieve relief. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: April 2, 2024, Case #: B330387, Categories: Arbitration, Remedies, Jurisdiction
[Modified.] J. Wilson modifies three paragraphs and denies a rehearing with no change in judgment. The trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: April 2, 2024, Case #: H050042, Categories: Fraud, Unfair Competition, Technology
J. Grimes finds the lower court properly dismissed a special motion to strike filed by a church deacon and his wife after a donor donated over $1 million to an organization run by the wife, after a sermon. The donation was to help purchase a car and a home for a destitute family, with any leftover funds to be returned to the donor. The donor discovered that the house and car were purchased in the organization’s name, not that of the family in need. The donor filed suit alleging he was solicited for the funds which were used fraudulently to benefit the organization, not the family he believed he was helping. The deacon and his wife deny the claim, alleging the conversations with the donor were public in nature and about the family’s needs, and protected as they were part of a sermon and protected speech. The lower court disagreed, as the discussions were specific in nature and the issue was not so much about where the speech or conversation occurred, but rather about the alleged misconduct perpetrated by the deacon and his wife after the sermon. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 29, 2024, Case #: B327668, Categories: Fraud, Fiduciary Duty, Contract
[Consolidated.] J. Goldman finds that the trial court improperly granted a shooting range's motion to strike allegations that it had violated its lease with a city by demolishing and rebuilding its facility. It also erred in sustaining the range's demurrers on a neighbor's Environmental Quality Act and zoning claims. Reversed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 29, 2024, Case #: A165345, Categories: Environment, Property, Zoning
J. Dato finds that the trial court erred by allowing the state to present hearsay testimony during a murder trial. The state failed to show it diligently tried to locate the witness before it relied on her preliminary hearing testimony, so defendant's murder conviction is reversed. Also, lying in wait and torture murder special circumstances against a co-defendant based on placing the victim in a fire while allegedly alive are supported by sufficient evidence and may be retried. And the trial court improperly allowed the state to introduce evidence that defendant was a Satan worshipper, as it had minimal probative value. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: March 29, 2024, Case #: D082754, Categories: Confrontation, Evidence, Murder
J. Streeter finds the lower court properly interpreted an inventory claim in this insurance matter, but not the loss of business income. A cannabis business suffered losses after a robbery, and filed a claim with the insurance company for $2.5 million of lost inventory. The inventory was stolen from two vaults, and the business argues it should be two inventory claims with a $600,000 limit for each claim, but the insurance company argues it is one claim with a limit of $600,000. The lower court found the interpretation of a single claim to be correct, and the instant court agrees; but it finds the portion of the claim concerning lost business income may not have been properly calculated, and remands that portion of the matter for further consideration. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A167491, Categories: Insurance
J. Adams finds the lower court properly terminated the parental rights of a mother to her minor child. The child was removed from mother’s care when the juvenile court found the mother’s marijuana abuse, mental health issues and environment proved a substantial risk of harm to the child. The mother argues that her due process rights were violated when her parental rights were terminated, because the juvenile court was not required to consider her potential to change, as she, at the age of 17, is a teenager. The instant court finds no error by the lower court, as the record shows that the mother failed to comply with the reunification plan, her right to due process was not violated, and the decision is one where the needs of the child were placed as the priority. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: March 28, 2024, Case #: B330106, Categories: Family Law, Due Process, Juvenile Law
J. Stratton finds the lower court improperly granted a special motion to strike and found in favor of a law firm in this matter of alleged breach of contract and fraud. A film company had an agreement with a capital group to help find funding for film projects, and to receive a portion of the funding. The capital group dissolved, and the principal formed another company that received funding through one of the companies that the film company found for him when he was with the previous group; an action that allegedly breached the parties original agreement. The lower court granted an anti-SLAPP motion based on the fact that the film company rooted its claims on a letter from the law firm that the lower court determined was a protected communication, but the instant court found that the letter was in response to an email sent from the film company asking for assistance in collecting a fee, not tied to any litigation, and is therefore not a protected communication. The matter is remanded with an order denying the motion. Vacated.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 28, 2024, Case #: B323356, Categories: Business Practices, Contract
J. Jackson finds the lower court properly convicted defendant of 13 crimes including the premeditated attempted murder of law enforcement when he went on a three-day crime spree that ended in him crashing a stolen vehicle into a busy intersection during rush hour and engaging in a shootout with law enforcement, injuring two police officers. Evidence is sufficient to support his convictions and sentence to a determinate term of 35 years 8 months and a total indeterminate term of 30 years to life. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 28, 2024, Case #: A166011, Categories: Evidence, Firearms, Murder
J. Streeter finds the lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A166001, Categories: Murder, Sentencing, Self Representation
J. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: Landlord Tenant, Real Estate, Contract
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
J. Hoffstadt finds that the trial court properly rejected a facial challenge to the constitutionality of legislation granting cities and counties some discretion to preempt local law in order to increase housing density on a parcel-by-parcel basis. The legislature can supersede local zoning and land use law to address matters of statewide concern, such as a housing shortage. The legislation's preemption of local housing density caps is limited and does not run afoul of voter initiative rights. The legislation permissibly delegates the legislature's preemptive power to local legislative bodies. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: March 28, 2024, Case #: B321875, Categories: Preemption, Zoning, Housing
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
J. Castillo finds the trial court properly denied defendant's petition for resentencing on a second degree murder conviction. He claimed his due process rights were violated because he was not present at the proceeding where his petition was denied. But he was present at a previous hearing that functioned as the statutory resentencing hearing, when the parties were able to submit additional evidence and both parties agreed to submit the matter to the trial court. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: March 27, 2024, Case #: D081369, Categories: Murder, Sentencing, Due Process
[Modified.] J. Streeter makes two minor wording changes with no change in judgment. One of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence, is entitled to a certificate of appealability. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decision, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certificates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 27, 2024, Case #: A169146, Categories: Death Penalty, Habeas, Murder
[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