12 results for 'judge:"Mesiwala"'.
J. Mesiwala finds that the trial court erred in holding that a state tax imposed on the value of a bundled cell phone contract violates statute. The tax regulation properly allocates a part of the bundled contract price to the cell phone's full price, even if the cell phone's price is discounted as part of a bundle that includes wireless service. The regulation resulted from a process that complied with the Administrative Procedures Act. Reversed in part.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: February 27, 2024, Case #: C093763, Categories: Administrative Law, Tax
[Modified.] [Consolidated.] J. Mesiwala changes two paragraphs and denies a rehearing with no change in judgment. The trial court properly upheld the approval of amendments that will extend long-term water contracts between the Department of Water Resources and local government contractors to 2085. The amendments do not violate the Environmental Quality Act, the Sacramento-San Joaquin Delta Reform Act or the public trust doctrine. Affirmed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: January 25, 2024, Case #: C096304, Categories: Environment, Water
[Consolidated.] J. Mesiwala finds that the trial court properly upheld the approval of amendments that will extend long-term water contracts between the Department of Water Resources and local government contractors to 2085. The amendments do not violate the Environmental Quality Act, the Sacramento-San Joaquin Delta Reform Act or the public trust doctrine. Affirmed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: January 5, 2024, Case #: C096304, Categories: Environment, Water
[Consolidated.] J. Mesiwala finds that the trial court erred in awarding a wife all the net proceeds from the sale of quasi-marital property without findings that the husband exhibited oppression, fraud or malice. It was also error to exclude evidence of the wife's domestic violence before ordering spousal support and deny the husband's request for a domestic violence restraining order. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: December 29, 2023, Case #: C091292, Categories: Family Law
J. Mesiwala holds that the trial court must dismiss defendant's case because his right to a speedy trial was violated. The trial court failed to bring him to trial within 60 days of the date it received a remittitur from this court ordering a new trial. Vacated.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: December 20, 2023, Case #: C098517, Categories: Speedy Trial
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J. Mesiwala finds that the trial court erred in allowing a consolidated evidentiary hearing in which defendant shared counsel with a codefendant. He has a constitutional right to his own counsel in a new hearing petition for resentencing on a felony murder conviction. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: November 29, 2023, Case #: C097140, Categories: Murder, Sentencing
J. Mesiwala finds the juvenile court improperly terminated the father’s parental rights. The child was removed through a protective custody warrant based on a failure to thrive diagnosis. The father says that Social Services failed to comply with requirements of the Indian Child Welfare Act by not inquiring of extended family members as to the minor’s potential Indian ancestry. Conditionally reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: October 13, 2023, Case #: C097911, Categories: Family Law, Native Americans, Guardianship
J. Mesiwala finds the trial court erred in dismissing a wrongful death claim against a school district by the parents of a student killed in a car collision. The student was in the car of a friend who picked her up because a district school bus did not arrive. Though the student was not in a school bus, the district is not immune because it had accepted the student into its bus program and undertaken to transport the student to school. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: September 18, 2023, Case #: C096394, Categories: Immunity, Wrongful Death
J. Mesiwala finds the trial court improperly ordered defendant to pay $629.99 in restitution for an undamaged cell phone returned to the victim after the refund period. The victim escaped from defendant's home after he assaulted her during an argument, leaving her purse and phone behind. The court awarded her the purchase price of the phone, allowing her to keep it, which overcompensated her. The victim will be allowed to sell the phone. If she is unable to, the court will calculate the difference in value between the day she purchased the phone and the day it was returned to her. If the phone is sold, the court will calculate the difference between the purchase price and the sale price. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: July 28, 2023, Case #: C097090, Categories: Assault, Restitution
J. Mesiwala holds that the trial court erred in allowing the state to privately retain an expert to testify in a trial that ended with defendant's designation as a sexually violent predator. The Sexually Violent Predator Act does not allow the state to retain an expert so defendant is entitled to a new trial. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: July 17, 2023, Case #: C095622, Categories: Sex Offender, Experts
J. Mesiwala finds the trial court improperly convicted defendant for possession and transportation of controlled substances. The prosecutor exercised a peremptory challenge against a juror whose family member had previously been convicted by the current district attorney, but this should not have been allowed because it was potentially racially motivated. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: May 19, 2023, Case #: C096022, Categories: Drug Offender, Jury, Due Process