13 results for 'judge:"Feuer"'.
J. Feuer finds that, after dismissing prior prison term sentence enhancements, the trial court properly gave defendant the same 12-year sentence he originally received for robbery and possession of a firearm by a felon. The trial court had discretion to reimpose a previously stricken firearm enhancement after finding he posed a continuing threat to public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 1, 2024, Case #: B326131, Categories: Robbery, Sentencing
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
J. Feuer finds that the trial court properly held that an attorney should have produced documents in response to a subpoena from the Hollywood Foreign Press Association. But it was error to disqualify the attorney from representing a former member who was suing the association because no evidence showed that the privileged information prejudiced the association, and the disqualification deprived the former member of his right to his choice of counsel. The proper discipline would be a sanction or to report the attorney to the state bar. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: February 27, 2024, Case #: B324842, Categories: Privilege, Contract, Attorney Discipline
J. Feuer finds that the trial court improperly refused to return a three-year-old child to his mother in Mexico, and its finding that reunification posed a substantial risk of detriment was not supported by the record. The child shall be returned to his mother unless a new review hearing reveals new developments that show the child is at risk from reunification. Vacated in part.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: January 16, 2024, Case #: B331041, Categories: Family Law
J. Feuer finds that the trial court erred in denying defendant's request for substitution of counsel to defend him on a stalking charge. His previous requests were denied because his counsel of choice was not prepared, but his new counsel said he was ready and the trial court put efficiency ahead of his constitutional right. His challenge to the guilty verdict fails under the weight of the evidence against him, but he is entitled to a new trial with his counsel of choice. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: January 12, 2024, Case #: B322762, Categories: Due Process, Harassment
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J. Feuer finds the trial court improperly convicted defendant for stalking after defendant allegedly friended the victim on Facebook, posted inappropriate content that indicated he was watching her through her window and was arrested in the victim's apartment parking lot. Defendant, over the next few years, requested to substitute counsel several times, which the court denied because counsel was unprepared. However, counsel was prepared following the fourth request, and the court summarily denied the request without proper inquiry, infringing on defendant's right to counsel. Reversed.
Court: California Courts Of Appeal, Judge: Feuer , Filed On: December 15, 2023, Case #: B322762, Categories: Due Process, Menacing, Civil Rights
J. Feuer finds the trial court properly entered a default judgment of $59,191 plus attorney fees against the homeowner who failed to file an answer when he was sued for breach of contract by renters. During the renters’ tenancy, they discovered mold and reached an agreement to receive an $8,000 credit. After the home was vacated, the owner did not pay the credit, return the security deposit or identify claimed deductions from the deposit. All evidence supports the judgment, and there was no error in allowing attorney fees as enforcement costs. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: October 3, 2023, Case #: B322796, Categories: Landlord Tenant, Enforcement Of Judgments, Attorney Fees
J. Feuer finds the trial court improperly dismissed this insurance dispute over coverage for lost business income occurring due to Covid-19 lockdowns and delays. The inclusion of the term “virus” in the definition of a contaminant does not transform an exclusion applying to environmental pollution into one that encompasses the spread of a virus due to the normal human activities of breathing and touching surfaces, as argued by the insurance companies. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: October 2, 2023, Case #: B321806, Categories: Insurance, Business Expectancy
J. Feuer holds that the trial court must revisit a law firm's claim that a bank negligently allowed the disbursement of funds from an account that was blocked by order of a probate court. Triable questions about the extent to which the bank had a duty to monitor estate funds that had been put in the blocked account and the bank's special relationship to the beneficiaries of the funds should have precluded summary judgment. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: September 5, 2023, Case #: B319265, Categories: Wills / Probate, Banking / Lending
J. Feuer finds that a vehicle manufacturer cannot enforce an arbitration clause in a sales contract because a consumer's claims were based on the manufacturer's warranty, not the sales contract between the dealer and the consumer. Also, the sales contract was not intended to benefit the manufacturer. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: June 26, 2023, Case #: B320477, Categories: Arbitration, Warranty
J. Feuer finds the trial court properly upheld the valuation of a shopping center in this property tax refund action, sustaining the demurrer filed by the county, and denying the owner’s motion for summary judgment. Although the owner was not able to cross-examine the appraiser who had passed away, they had an opportunity to examine the appraiser testifying on his behalf. Absent a constitutional right, a cited precedential case does not authorize reversal of an administrative decision where the petitioner was provided the evidence relied on by the agency and was able to examine a knowledgeable representative. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 23, 2023, Case #: B315898, Categories: Property, Tax, Agency
J. Feuer finds the trial court properly convicted defendant for three counts of false imprisonment by violence, three counts of forcible oral copulation, three counts of forcible rape and one count of attempted forcible rape. Certain delays and procedures used due to the Covid-19 pandemic were harmless and did not interfere with defendant’s ability to defend. Recent amendments to the penal code apply retroactively, making the one-strike law inapplicable. Defendant’s custody credit must be corrected. Affirmed in part. Vacated in part and remanded for resentencing.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 22, 2023, Case #: B316245, Categories: Sentencing, Sex Offender, Kidnapping