8 results for 'judge:"Perluss"'.
J. Perluss finds that the trial court that granted defendant's petition for resentencing on a murder conviction properly denied his petition to have his records sealed on the basis of factual innocence. The trial court finding that he was not the actual shooter does not mean he was factually innocent. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: November 28, 2023, Case #: B321325, Categories: Murder, Sentencing
J. Perluss finds the trial court improperly denied the injured parties’ motion for fees and costs in this negligence suit over a traffic accident. After the trial court awarded damages on remand, the injured parties moved for fees and costs alleging that the at-fault party had unreasonably denied requests for admission as to the status of certain medical records as business records. The at-fault party had no reasonable belief that she could prevail on the merits of this issue, and her denial caused the injured parties to incur expenses proving the medical records were business records. Other expenses were properly granted for the at-fault party. Affirmed in part. Reversed in part and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 13, 2023, Case #: B317540, Categories: Vehicle, Discovery, Attorney Fees
J. Perluss finds the trial court properly issued prejudgment right to attach orders of over $7 million against the residential mortgage lender by its former employees in this breach of contract suit. Revenue sharing agreements were not “modified” by the employees’ email confirmation of profit and loss calculations. The lender didn’t provide declarations about damages or argue that an employee’s calculations of damages are inaccurate. The lender also failed to rebut the claim that additional amounts were due for selling mortgage servicing rights and for outstanding branch reserves that were to be paid within 30 days of termination of the agreements. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 12, 2023, Case #: B323063, Categories: Business Expectancy, Banking / Lending, Contract
J. Perluss denies as moot the father’s appeal of the juvenile court’s removal of his children. The children were removed from the father and placed with their mother after the family services agency determined that the parents engaged in physical and verbal altercations in the presence of the children. Prior to the father’s filing, the juvenile court terminated its jurisdiction and issued joint legal and physical custody based on the parent’s mediated agreement. Neither the juvenile court or court of appeals has jurisdiction to hear the issues.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 9, 2023, Case #: B317838, Categories: Family Law, Jurisdiction, Guardianship
J. Perluss finds the county court improperly issued the civil harassment protective order in favor of the attorney who represented the husband in proceedings alleging domestic violence brought by the wife, and against the wife’s attorney. Though an employee testified that the attorney, seeking documents at the other attorney’s office, wedged himself in the door when asked to leave and took his phone out to record as he exclaimed “You’re hurting me!,” though inappropriate, certain of the conduct was partially protected and failed to cause severe emotional distress. The evidence does not support the order. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 4, 2023, Case #: B311524, Categories: Emotional Distress, Restraining Order, Attorney Discipline
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J. Perluss finds that the trial court should have denied a borrower's motion to disqualify a lender's attorney from acting as both a witness and counsel for the lender in the lender's fraudulent inducement action against the borrower. The evidence did not support the disqualification and the lender has the right to choose its counsel. And the timing of the motion to disqualify came long after the attorney's likely dual roles was apparent, so it appears that the motion was tactical. Reversed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: August 22, 2023, Case #: B316718, Categories: Settlements, Banking / Lending
J. Perluss finds that the trial court properly admitted evidence of defendants' whereabouts at the time of a murder that police secured using a geofence search warrant. Though the warrant was impermissibly broad under the Fourth Amendment, police had a good faith, reasonable reliance on the geofence warrant, which was still a novel investigative tool in 2019. Also, the warrant complied with the Electronic Communications Privacy Act since it did not target any individual phone number, account or email address. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: August 16, 2023, Case #: B318310, Categories: Murder, Search
J. Perluss finds that the trial court properly granted summary judgment to Disney on contract and unfair competition claims that material elements of its film "Zootopia" were lifted from pitch materials created by an outside writer. No evidence showed that the writer's materials made it beyond his contact at Disney to the company's animation department. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: July 19, 2023, Case #: B315859, Categories: Unfair Competition, Contract