11 results for 'judge:"Petrou"'.
J. Petrou finds that an order for involuntary antipsychotic medication expired so defendant's appeal is moot, but the trial court erred in holding that she was not entitled to writ review of the order. A defendant found incompetent to stand trial has a liberty interest that supports the interim judicial review of temporary involuntary antispychotic medication orders. Neither administrative court proceedings nor a mandatory involuntary medication hearing within 18 days of a doctor's certification for involuntary medication constitute adequate judicial review. Reversed in part.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: May 14, 2024, Case #: A167272, Categories: Criminal Procedure, Competence
J. Petrou finds that the juvenile court properly denied a motion to seal juvenile records. The dismissal of juvenile court petitions after the juvenile's wardship ended did not obligate the juvenile court to seal his records since the underlying adjudications for forcible lewd conduct are ineligible for sealing under statute. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: April 16, 2024, Case #: A168282, Categories: Juvenile Law, Sex Offender
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: Education, Covid-19, Contract
J. Petrou vacates the appeals court's previous opinion on order of the California Supreme Court, but again rules that defendant forfeited her right bring a Racial Justice Act claim. Following general appellate forfeiture rules, her claim is barred because she failed to raise it before the trial court entered judgment, in which she was convicted of one count of first degree murder and one count of second degree murder. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: January 8, 2024, Case #: A163074A, Categories: Criminal Procedure, Murder
J. Petrou finds that the trial court properly refused to apply an arbitration provision to an elderly woman's sexual assault and battery claims against a residential care facility. The provision was buried in a long, dense and confusing contract, and was therefore procedurally unconscionable. Provisions on confidentiality, limiting discovery and the imposition of costs and fees were also substantively unconscionable. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: December 19, 2023, Case #: A168767, Categories: Arbitration, Elder Abuse
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J. Petrou finds that the trial court properly applied the trivial defect doctrine to hold that no triable issues of fact precluded summary judgment on a trip-and-fall complaint. A vertical displacement between a metal plate cover and the surrounding sidewalk was trivial in nature and size. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: December 18, 2023, Case #: A165638, Categories: Negligence
J. Petrou finds that the trial court improperly held that a city's 2005 loan agreement with a developer barred the later imposition of impact fees on the project. The agreement cannot be interpreted in a way that infringes on the City's police powers to enforce affordable housing, transportation and capital improvement impact fee ordinances. Reversed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: June 22, 2023, Case #: A164315, Categories: Municipal Law, Zoning, Housing