8 results for 'judge:"Chou"'.
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. Chou finds that the trial court properly rejected a company's motion to vacate the dismissal of its cross-complaint in a personal injury matter, a dismissal it claimed was approved by its attorney without its authorization. Email records do not support its argument that the dismissal was a surprise or the result of excusable neglect. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: February 28, 2024, Case #: A167137, Categories: Settlements, Negligence
J. Chou finds that the trial court properly denied defendant's motion to dismiss a prior strike when sentencing him for the theft of a catalytic converter. His prior strike for attempted robbery, a serious felony, was very recent, he repeatedly violated probation and another recent offense involved a vulnerable victim. Also, the statutory term "enhancement" is not ambiguous and does not apply to prior strikes. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: December 21, 2023, Case #: A166288, Categories: Sentencing, Theft
[Modified.] [Consolidated.] J. Chou modifies one sentence with no change in judgment. The trial court properly disqualified a district attorney's office from prosecuting cases against defendant, accused of killing a cousin of the current district attorney's husband. The current district attorney made critical comments to reporters about the handling of the case during a campaign to recall the district attorney in office at the time. Though her comments were not ethical violations, the trial court reasonably concluded that her stated beliefs could affect the plea agreement or sentencing decisions made by the assistant district attorneys in her office. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: September 29, 2023, Case #: A167241, Categories: Murder
[Modified.] J. Chou modifies one paragraph with no change in judgment and denies a petition for rehearing. The trial court partially erred in upholding a hotel's property tax assessment that was triggered by a change in ownership. The city determined the assessed value using the income approach, which does not include intangible assets, so the city correctly removed the fees and expenses associated with the hotel's management agreement from its net operating income. The city should have also deducted the fair market value of the hotel management agreement, as well as net income from in-room movies and guest laundry services from the hotel's net operating income. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: September 13, 2023, Case #: A163847, Categories: Property, Tax
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[Consolidated.] J. Chou finds that the trial court properly disqualified a district attorney's office from prosecuting cases against defendant, accused of killing a cousin of the current district attorney's husband. The current district attorney made critical comments to reporters about the handling of the case during a campaign to recall the district attorney in office at the time. Though her comments were not ethical violations, the trial court reasonably concluded that her stated beliefs could affect the plea agreement or sentencing decisions made by the assistant district attorneys in her office. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: September 13, 2023, Case #: A167241, Categories: Murder
J. Chou finds that the trial court partially erred in upholding a hotel's property tax assessment that was triggered by a change in ownership. The city determined the assessed value using the income approach, which does not include intangible assets, so the city correctly removed the fees and expenses associated with the hotel's management agreement from its net operating income. The city should have also deducted the fair market value of the hotel management agreement, as well as net income from in-room movies and guest laundry services from the hotel's net operating income. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: August 17, 2023, Case #: A163847, Categories: Property, Tax
[Consolidated.] J. Chou finds that the trial court erred when it invalidated a voter-approved parcel tax to fund schools. The qualified special tax meets statutory requirements as it applies uniformly to every nonexempt taxpayer and the same formula is applied to every improved parcel in the school district. Reversed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: August 3, 2023, Case #: A164935, Categories: Elections, Tax