7 results for 'judge:"Castillo"'.
J. Castillo finds that the trial court properly denied mandamus relief to a local water agency that challenged another local water agency's claim to be the regional groundwater sustainability agency (GSA) under the water code. The challenger failed to show that its powers were impaired by the legislature's express designation of the other agency as the local GSA. By becoming the GSA, the other agency did not violate the code by forming a public corporation within the challenger's jurisdiction. And the other agency complied with all the notice requirements of the water code in announcing its intent to become a GSA. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: April 12, 2024, Case #: D081984, Categories: Water
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
J. Castillo finds that the trial court properly instructed the jury not to draw an adverse reference from the refusal of the alleged victim in defendant's domestic violence trial to testify, as she had properly invoked her Fifth Amendment privilege through counsel. Also, substantial evidence supported the decision not to excuse a juror for bias. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: January 30, 2024, Case #: D080776, Categories: Domestic Violence, Jury Instructions
[Consolidated.] J. Castillo finds that the trial court gave an erroneous special jury instruction that misstated the legal expectations bank customers have to privacy in the financial documents they provide to banks. Bank customers have a constitutional right to privacy, but it is not unconditional and the extent of their expectation of privacy requires fact-finding. So the trial court must revisit whether a bank president owned information about his account that a purported whistleblower copied and removed from the bank. The trial court also erred in its instructions about the elements required to support an affirmative whistleblowing defense. Reversed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: December 29, 2023, Case #: D080136, Categories: Employment, Privacy, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Modified.] J. Castillo alters several sentences with no change in judgment and denies a petition for rehearing. The trial court abused its discretion when it awarded a civil harassment restraining order to a homeowners' association president who was not a party to the subject petition for a workplace violence restraining order. The trial court lacked the authority to sua sponte amend the cause of action and petitioning party without providing notice. Reversed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: September 13, 2023, Case #: D079455, Categories: Restraining Order
J. Castillo finds that the trial court abused its discretion when it awarded a civil harassment restraining order to a homeowners' association president who was not a party to the subject petition for a workplace violence restraining order. The trial court lacked the authority to sua sponte amend the cause of action and petitioning party without providing notice. Reversed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: August 23, 2023, Case #: D079455, Categories: Restraining Order