11 results for 'judge:"Menetrez"'.
J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: Family Law, Native Americans
J. Menetrez finds that the trial court should have granted defendant's petition for compassionate release from a 75-year sentence for first degree murder, as no evidence supported its dangerousness finding. He retains some ability to speak despite rapidly progressing amyotrophic lateral sclerosis (ALS) that severely limits his physical capacity and will likely cause his death within a year. But he has never solicited anyone to commit a crime or committed a crime in concert with anyone, and neither his gang affiliations nor lack of remorse mean he poses an unreasonable risk of committing a super strike crime if released. Reversed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: April 10, 2024, Case #: E082085, Categories: Murder, Sentencing, Gangs
[Modified.] J. Menetrez removes the name of a probation officer with no change in judgment. The juvenile court properly ordered that defendant, a juvenile, be transferred to criminal court to face a murder charge. Recent statutory changes raising the standard of proof for a transfer to clear and convincing did not give greater weight to any one of several factors, such as welfare or foster care history, human trafficking or sexual battery. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 7, 2024, Case #: E082250, Categories: Juvenile Law, Murder
J. Menetrez finds that the juvenile court properly ordered that defendant, a juvenile, be transferred to criminal court to face a murder charge. Recent statutory changes raising the standard of proof for a transfer to clear and convincing did not give greater weight to any one of several factors, such as welfare or foster care history, human trafficking or sexual battery. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E082250, Categories: Juvenile Law, Murder
J. Menetrez finds that the trial court improperly denied defendant's motion to quash the state's subpoena seeking his case file in preparation for a resentencing hearing. The trial court must apply the factors in the appeal court's "Facebook Inc. v. Superior Court" opinion, which apply to subpoenas issued by both the defense and prosecution. That standard is used to determine if good cause exists to seek a defendant's entire case file, including medical and mental health records. Vacated.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E081770, Categories: Criminal Procedure, Sentencing, Sex Offender
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J. Menetrez finds that the trial court properly refused to compel the arbitration of a minor's claims that the producer of the video game Apex Legends tricked players into buying cosmetic items, characters and other game-specific currency. The trial court had discretion to determine that the minor had disaffirmed the arbitration agreement along with all other contracts he signed when buying the game. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: January 17, 2024, Case #: E080414, Categories: Arbitration, Consumer Law, Juvenile Law
[Consolidated.] J. Menetrez finds the trial court improperly convicted defendant for threatening statements made to judges. Because a judge is not an “executive officer” within the meaning of certain penal code, defendant is not liable under that provision as a matter of law. “Executive officer” unambiguously refers to an officer of the executive branch, of which judges are not a part. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 25, 2023, Case #: E079389, Categories: Judiciary, Threats, Due Process
J. Menetrez finds that defendant's convictions for possessing an unregistered, loaded firearm and for possessing a controlled substance while armed with a firearm pass constitutional tests. But the trial court erred in imposing two sentences for the offenses, as the crimes were completed by a single act. Vacated in part.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 18, 2023, Case #: E079475, Categories: Drug Offender, Firearms, Sentencing
J. Menetrez finds that the juvenile court properly held that a child was a dependent of the court and removed him from his father's custody based on evidence of domestic violence between parents. The expanded statutory duty of initial inquiry only applies where authorities lacked a warrant before taking a child into temporary custody. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: August 23, 2023, Case #: E079972, Categories: Family Law
J. Menetrez finds that the trial court erred in denying class certification of an employee's inadequate wage statement claims, as well as granting summary judgment to her employer on Private Attorneys General Act wage and rest period claims. Her time card rounding claims should have also survived. However, the trial court properly found that the employer's use of an alternative workweek schedule was not voided by its failure to make certain disclosures prior to an employee election on the schedule since the employer did not omit material information about the effects of the proposed schedule. Reversed in part.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: July 24, 2023, Case #: E072704, Categories: Employment, Class Action