12 results for 'judge:"Guerrero"'.
J. Guerrero finds that the appeals court properly reversed defendant's conviction for dissuading a witness. The subject statute is ambiguous about whether the offense requires an attempt to prevent the filing of a criminal complaint or to prevent a witness from providing evidence in support of conviction, or both. So, the rule of lenity requires a reading that favors defendant, who tried to dissuade only after the underlying charges were filed. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: April 22, 2024, Case #: S273797, Categories: Criminal Procedure, Witnesses
J. Guerrero upholds the death sentence defendant received after pleading guilty to five counts of murder, along with life sentences for robbery, kidnapping and other counts. Evidence seized that was not specified in search warrants did not support a blanket suppression of all seized evidence since the warrants were sufficiently particular, were supported by probable cause, and allowed police to look in every corner of his residence for any trace evidence. Also, the jury was properly impaneled, evidence of corpse dismemberment was properly admitted, a misstatement by the state during closing argument did not merit reversal, and the death penalty is not cruel and unusual punishment. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 22, 2024, Case #: S132256, Categories: Death Penalty, Murder
J. Guerrero finds that the appeals court properly reinstated a representative Private Attorneys General Act complaint that the trial court had dismissed on manageability grounds. Trial courts lack the broad authority to strike claims for judicial economy reasons, as their inherent authority is limited to situations such as frivolous claims and a failure to prosecute. Also, the unique manageability requirements of class actions, which sound in equity, do not apply to Act claims, which are statutory enforcement actions that do not ask trial courts to consider superiority or the predominance of common issues. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 18, 2024, Case #: S274340, Categories: Civil Procedure, Employment, Class Action
J. Guerrero reverses the appeals court's decision affirming the juvenile court's removal of the child from the drug-addicted father. The California Supreme Court granted review to resolve the split of authority regarding the meaning of “substance abuse" within the Welfare and Institutions Code verses the Diagnostic and Statistical Manual of Mental Disorders. Neither definition is essential. The law at issue assigns “substance abuse” its ordinary meaning of excessive use of drugs or alcohol. Though professional diagnoses can be relevant to determining the existence of substance abuse, the statute does not require such proof. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S274943, Categories: Family Law, Health Care, Guardianship
J. Guerrero finds the court of appeals improperly rejected defendant's argument the state hospital's certification of his return to competency ended his commitment within the 2-year statutory period. Defendant was charged with multiple sexually violent offenses and was designated for competency determination and restoration. He did not receive a court hearing on the hospital's determination of competence within the 2-year period due to Covid-19 delays and his incompetency commitment did not end with the mere filing of the certificate of restoration. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S272129, Categories: Competence, Sex Offender, Commitment
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J. Guerrero holds that the trial court rightly held that defendant, seeking relief under changes to murder accomplice liability law, was bound by the jury's gang-murder special circumstance finding that he had intended to kill. The trial court properly gave the finding a preclusive effect when assessing defendant's petition, and it correctly required him to state a prima facie case for relief. But the trial court must hold an evidentiary hearing since his intent to kill did not establish his knowledge of the actual shooter's intent to kill as necessary for aider and abettor murder liability.
Court: California Supreme Court, Judge: Guerrero, Filed On: November 27, 2023, Case #: S272238, Categories: Murder, Sentencing, Gangs
J. Guerrero finds that the appeals court erred in concluding that hearsay that qualified for the spontaneous statement exception to defendant's confrontation right was automatically admissible at his probation revocation hearing. A defendant does not have a Sixth Amendment confrontation right in probation revocation hearings, but a defendant may have a due process right to confront and cross-examine an adverse witness if the state cannot show good cause for not making the witness available or there is insufficient independent corroboration of the hearsay evidence. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: August 14, 2023, Case #: S269237, Categories: Confrontation, Probation
J. Guerrero finds that the appeals court erred when it concluded that a director of a nonprofit public benefit corporation loses standing to continue litigation when he or she loses the position. Unlike shareholder enforcement suits involving for-profit corporations, statute does not require continuous directorship in litigation intended to remedy breaches by the leadership of a nonprofit public benefit corporation. Otherwise, directors facing litigation for self-dealing or other malfeasance would be encouraged to remove plaintiff directors from office, which would stifle the enforcement of laws governing charities. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: August 3, 2023, Case #: S271054, Categories: Corporations
J. Guerrero finds the appellate court improperly found evidence surrounding a previous molestation of Doe to be admissible in this suit seeking to recover emotional distress damages for sexual abuse committed by her 4th grade teacher when she was 8 years old. Cited evidence code may permit evidence that would otherwise be excluded, though admissibility is subject to scrutiny for relevance. Code governing relevance is designed to protect against unwarranted intrusion into the private life of a sexual assault claimant by identifying and circumscribing evidence intended to attack credibility, and the trial court must undertake proper proceedings under this code. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: July 27, 2023, Case #: S272166, Categories: Education, Evidence, Emotional Distress
J. Guerrero finds that the appeals court erred in holding that a county is immune from hospital collections claims for unpaid emergency room bills. The Government Claims Act does bar hospitals from seeking reimbursement under the the Knox-Keene Health Care Service Plan Act for emergency medical services provided to people enrolled in the county's health care service plan. The Government Claims Act provides immunity for tort claims, but does not apply to contract claims or other non-tort claims seeking money damages. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: July 10, 2023, Case #: S274927, Categories: Health Care, Insurance, Immunity
J. Guerrero finds the appeals court misinterpreted the force requirement of the kidnapping statute where the victim is deceived while intoxicated. Defendant transported and then raped an intoxicated victim after telling her he could find her lost cell phone. The force requirement for an intoxicated person is the same as for an infant or child, who cannot provide legal consent, cannot fathom illegal intent and may willingly go with a deceptive kidnapper. Combined with the illegal intent that he had to commit rape, the jury had adequate findings to convict defendant of kidnapping. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: June 22, 2023, Case #: S272627, Categories: Sex Offender, Kidnapping, Jury Instructions
J. Guerrero finds that the appeals court properly determined that statute immunizes a school district from treble damages sought by a minor student who was sexually assaulted by a district employee. The student sought enhanced damages under a statute that allows for treble damages where there is evidence that an employer covered up past abuse by an employee. Statute shields public entities from enhanced, noncompensatory damages that are expressly punitive, or primarily punitive or exemplary in nature. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: June 1, 2023, Case #: S269608, Categories: Tort, Immunity, Damages