35 results for 'judge:"Delaney"'.
J. Delaney finds that the trial court properly denied defendant's petition for resentencing on a manslaughter conviction. Statutory changes that ended imputed malice theories of murder came after he pleaded guilty, and his plea served as an admission that he directly aided and abetted murder, a still valid theory. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: April 22, 2024, Case #: G062075, Categories: Sentencing, Plea, Manslaughter
J. Delaney recommends granting, in part, a disabled man’s motion for default judgment on his Americans with Disabilities Act claims against a restaurant. He sufficiently alleges the sidewalk was too steeply sloped, and the sales counter and bathroom sink were too high, among other ADA-related issues.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: April 22, 2024, Case #: 1:23cv759, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees
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J. Delaney finds that the trial court properly permitted an attorney to withdraw from a case involving windfall profits generated from the resale of oil extraction leases and allowed reasonable time for appellants to obtain new council. The trial court also properly granted summary judgment to the community development corporation because appellant’s response did not provide evidence that is acceptable for consideration by the court.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: March 22, 2024, Case #: 2024-Ohio-1034, Categories: Corporations, Energy, Contract
J. Delaney finds that the trial court properly denied defendant an evidentiary hearing for resentencing on a felony murder conviction. He admitted to having the intent to kill but argued that he did not assist the actual killer in the killing so he lacked the actus reus required for felony murder. The actus reus element was satisfied because, while possessing the intent to kill, he was engaged in the underlying felonies of rape and robbery in furtherance of a common design. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: March 22, 2024, Case #: G061916, Categories: Murder, Sentencing
J. Delaney finds the trial court properly denied the construction company's motion for judgment notwithstanding the verdict after the jury ruled in favor of the salon owner on its counterclaim for civil theft. Evidence in the record clearly established the construction company forged a receipt for one of the payments made by the salon, while the damages for the theft claim were also separate from those made in the contract counterclaim, which allowed both to be submitted to the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 20, 2024, Case #: 2024-Ohio-634, Categories: Construction, Damages, Contract
J. Delaney finds the trial court erroneously dismissed the homeowner's consumer sales claim against the restoration company. The one-year statute of limitations contained in the company's terms and services agreement does not apply to such claims, which are subject to a two-year statute of limitations under Ohio law. However, even though the physical contract between the parties was not available at the time the homeowner digitally signed it, he was provided complete documentation at the conclusion of the remediation project and, therefore, the one-year statute of limitations is applicable to his contract and negligence claims, which were properly dismissed. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 13, 2024, Case #: 2024-Ohio-531, Categories: Civil Procedure, Consumer Law, Contract
J. Delaney recommends granting, in part, an individual’s Telephone Consumer Protection Act claims against a realty company. He sufficiently shows the calls at issue were made in violation of the Act and is entitled to $3,000 in statutory damages.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: February 1, 2024, Case #: 2:22cv1886, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Damages, Consumer Law
J. Delaney recommends granting default judgment to a plastic sheet manufacturer and awarding it $265,000 on its contract claim against a packaging company. The packaging company did not file an opposition, and the manufacturer has sufficiently pleaded its claims of breach of contract, account stated, and goods sold and delivered.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: January 8, 2024, Case #: 2:22cv1700, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Delaney finds the trial court properly admitted the entirety of the victim's forensic interview with a sexual assault nurse examiner, including comments about defendant's previous and unrelated violent behavior. Statements about the conduct were fleeting and any prejudice was outweighed by the probative value of the interview, during which the victim gave a full and detailed account of defendant's sexual abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 27, 2023, Case #: 2023-Ohio-4761, Categories: Evidence, Sex Offender
J. Delaney finds that although defendant's vehicle did not move during the drug transaction, her convictions for drug trafficking were supported by sufficient evidence, including the large quantities of meth found in the vehicle, along with her admissions to police she had "done this several times" with the other individuals arrested after the transaction. Meanwhile, defendant's motion to suppress was properly denied because police had legitimate reasons to make their initial approach to her vehicle, including out-of-state license plates and a prolonged stop at the gas station, which was a known trafficking location. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4691, Categories: Drug Offender, Evidence, Search
J. Delaney finds the trial court properly granted the state's motion to suppress evidence of the victim's prior violent behavior. Although defendant proceeded with a theory of self-defense, it was clear he was unaware of any previous violence on the victim's part at the time of the incident that led to domestic violence charges; therefore, the evidence would not have affected the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4692, Categories: Evidence, Domestic Violence, Self Defense
J. Delaney recommends granting, in part, default judgment to a glass infuser seller on its trademark infringement and unfair competition claims against a smoke shop. Although the seller sufficiently supported its claim for damages, it is entitled to only $5,000, rather than the requested $150,000, as it did not identify the marks or specify the number of marks within the shop.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: December 7, 2023, Case #: 2:22cv2034, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Delaney finds the trial court properly denied defendant's motion to suppress during his drug case. Testimony from several confidential informants and a 14-month ongoing investigation by police that included several controlled buys were sufficient to establish probable cause for a search warrant at defendant's residence. Furthermore, DNA evidence from various items at the home used to manufacture drugs and testimony from eyewitnesses who purchased drugs from defendant were sufficient to convict defendant of all the trafficking charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: November 17, 2023, Case #: 2023-Ohio-4160, Categories: Drug Offender, Evidence, Search
[Modified.] J. Delaney modifies a footnote and denies a rehearing with no change in judgment. The trial court improperly dismissed a Rosenthal Act complaint filed by a consumer because he did not owe the subject debt. The Act applies to unfair attempts to collect a debt that is either actually due or owing or falsely alleged to be due or owing. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: September 26, 2023, Case #: G061836, Categories: Debt Collection, Consumer Law
J. Delaney finds that while the medical providers do not dispute the injury to the patient's femoral nerve occurred during hip replacement surgery, the trial court properly granted their motion for summary judgment because the inability by the patient's expert witness to pinpoint exactly when or why the injury occurred prevented him from creating a question of fact as to whether the providers' care fell below a reasonable standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: September 25, 2023, Case #: 2023-Ohio-3416, Categories: Evidence, Experts, Medical Malpractice
J. Delaney finds that the trial court properly dismissed a dangerous condition of public property claim against a city based on hazardous recreational activity immunity. A man who was rendered quadriplegic when he dove off a seawall into shallow water failed to allege triable issues of fact to challenge the statutory assumption that diving from any location other than a diving board or diving platform is a hazardous recreational activity. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: August 29, 2023, Case #: G061277, Categories: Immunity, Negligence
J. Delaney finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his vehicle. The police officer's search of his license plate in a database returned a wanted result that gave the officer probable cause to initiate a traffic stop. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, which fell within the relevant statutory range and, therefore, were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: August 18, 2023, Case #: 2023-Ohio-2897, Categories: Search, Sentencing, Vehicle
J. Delaney finds that the probate court properly declared a woman incompetent and appointed guardians for her. The appellant’s arguments regarding one of the guardian’s authority to appoint a successor trustee to the woman’s trust are barred by res judicata.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: July 19, 2023, Case #: 2023-Ohio-2492, Categories: Wills / Probate
J. Delaney holds that the trial court properly denied an airplane parts manufacturer's motion for summary judgment. California's collateral order doctrine does not allow the manufacturer to file an appeal based on the statute of repose in the federal General Aviation Revitalization Act because the denial order did not direct a money payment or the performance of an act.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: July 11, 2023, Case #: G062374, Categories: Civil Procedure, Product Liability
J. Delaney finds witness testimony during defendant's trial on menacing and firearms charges regarding the sequence of events that led to his arrest allowed the jury to reasonably conclude he had a loaded gun in his truck. Neighbors testified they either heard or saw him "squeal" out of his driveway immediately before crashing the truck and firing several shots toward the victim. Meanwhile, the prosecution's statement during closing arguments about the definition of a loaded gun, although imprecise, was an isolated statement and did not prejudice the jury against defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 29, 2023, Case #: 2023-Ohio-2188, Categories: Evidence, Firearms, Threats
J. Delaney finds the trial court properly denied the parents' request for a jury instruction on the standard of care owed to a guest or invitee in a negligence action. The injuries sustained by the girl during a ziplining accident were the result of a recreation activity that required application of the primary assumption of risk doctrine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 26, 2023, Case #: 2023-Ohio-2132, Categories: Jury, Negligence