8 results for 'judge:"Viramontes"'.
J. Viramontes finds that the trial court erred in denying defendant's petition for resentencing on attempted murder and manslaughter convictions. The record of conviction, which was based on a plea, does not bar his eligibility for resentencing at the prima facie stage. Neither the plea nor the preliminary hearing record established that he was the actual killer, had the intent to kill, demonstrated actual malice or acted with reckless indifference. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 9, 2024, Case #: B324576, Categories: Murder, Sentencing
J. Wiley finds that the trial court properly granted summary judgment to a hotel on a guest's negligence claim for cuts caused when a handheld shower wand broke. The guest failed to establish that the hotel was on notice that the shower wand was broken, and her expert's declaration had speculative conclusions that lacked foundation. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 3, 2024, Case #: B320603, Categories: Negligence, Experts, Premises Liability
[Consolidated.] J. Viramontes holds that the trial court must revisit its denial of an employee's attorney fee request after he was awarded $7,600 in wages. Statute entitles employees who prevail on minimum and overtime wage claims to reasonable attorney fees and costs, and the trial court must determine how much of the $323,000 the employee requested is reasonable. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 25, 2024, Case #: B322697, Categories: Employment, Attorney Fees
J. Viramontes finds that the trial court properly rejected an event promoter's claim that the force majeure provision in a booking contract required musical artists to refund deposits they received before the Covid-19 pandemic and related government restrictions forced the event's cancellation. The pandemic and the cancellation met two requirements for a refund under the force majeure provision, but the provision provides an exception where the artists keep the deposits if they were "ready, willing, and able to perform" despite a force majeure event. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 6, 2024, Case #: B323977, Categories: Covid-19, Contract
J. Viramontes finds that the trial court properly granted a building owner summary judgment in a resident's slip and fall case. A strong current of rainwater on the building's driveway was an open and obvious risk and the resident could have avoided the current. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: November 14, 2023, Case #: B319377, Categories: Negligence
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J. Viramontes finds that an employee failed to present sufficient evidence that he was fired due to a discriminatory or hostile work environment. His employer supported the termination with evidence that the employee's own conduct was intimidating and that he was unable to perform his job competently. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: November 14, 2023, Case #: B303509, Categories: Employment
J. Viramontes finds that the trial court properly denied a former city employee's petition to regain the forfeited part of her pension. She forfeited some of her benefits when she pleaded no contest to felony misappropriation of public funds. The plea was a conviction for the purposes of the forfeiture statute because she admitted to every element of the charged felony. Statute is clear that a subsequent reduction to a misdemeanor, which was part of her plea agreement, has no effect on the forfeiture. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: September 21, 2023, Case #: B317848, Categories: Civil Procedure, Pensions
J. Viramontes holds that the trial court must allow defendant to withdraw a no contest plea and vacate her convictions for identity theft and related offenses because she did not fully understand the adverse immigration consequences of her plea. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: June 29, 2023, Case #: B317814, Categories: Plea, Identity Theft