Category: California Courts of Appeal Opinions

Filed 3/21/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re the Marriage of LISA and JEREMIAH J. SULLIVAN, III. LISA SULLIVAN, Respondent, v. JEREMIAH J. SULLIVAN III, Appellant. D079481 (Super. Ct. No. D560631) Original proceeding on a petition for writ of mandate challenging a judgment and order […]

Filed 3/21/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN SHAUNEEN MILITELLO et al., Plaintiffs and Appellants, v. VFARM 1509 et al., Defendants and Respondents. B318397 (Los Angeles County Super. Ct. No. 21SMCV00789) APPEAL from an order of the Superior Court of Los Angeles County, Mark […]

Filed 3/20/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Appellant, v. TOMOMIRO NAKANO, Defendant and Respondent. H049057 (Santa Clara County Super. Ct. No. C2009811) The Santa Clara County District Attorney (District Attorney) appeals from the trial court’s order terminating probation after respondent […]

Filed 3/3/23; Certified for Publication 3/20/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE CALIFORNIA CAPITAL INSURANCE COMPANY, Plaintiff and Respondent, v. EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendant and Appellant. G060532 (Super. Ct. No. 30-2017-00928693) O P I N I O N Appeal from a judgment and […]

Filed 3/2/23 Certified for Publication 3/10/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR In re J.M. et al., Persons Coming Under the Juvenile Court Law. B313754 (Los Angeles County Super. Ct. Nos. 19CCJP08077, 19CCJP08077B 19CCJP08077C LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff […]

Filed 3/9/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. JOSE ARREGUIN, Defendant and Appellant. 2d Crim. No. B304838 (Super. Ct. No. CR31011) (Ventura County) Jose Arreguin appeals an order denying his petition for resentencing pursuant to former Penal […]

Filed 3/9/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) LILIA GARCIA-BROWER, as Labor Commissioner, etc., Plaintiff and Respondent, v. NOR-CAL VENTURE GROUP, INC., Defendant and Appellant. C089148 (Super. Ct. No. 34-2019-00249023-CU-PT-GDS) APPEAL from a judgment of the Superior Court of Sacramento County, David I. Brown, […]

Filed 3/9/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE NCR PROPERTIES, LLC, Plaintiff and Appellant; v. CITY OF BERKELEY et al., Defendants and Respondents; SYDNEY LEE et al., Real Parties in Interest. A163003 (Alameda County Super. Ct. No. RG19024268) 2504 DANA STREET, LLC, Plaintiff […]

88 Cal.App.5th 566 (2023) THE PEOPLE, Plaintiff and Respondent, v. PEPE LOPEZ, Defendant and Appellant. No. E078211.Court of Appeals of California, Fourth District, Division Two. February 23, 2023.As modified March 9, 2023.APPEAL from the Superior Court of Riverside County, Super. Ct. No. CR36044, John D. Molloy, Judge. Affirmed. Anthony Dain, under appointment by the Court […]

Filed 3/9/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE CENTER FOR ENVIRONMENTAL HEALTH, Plaintiff and Appellant, v. PERRIGO COMPANY et al., Defendants and Respondents. A163682 (Alameda County Super. Ct. No. RG20-054985) Appellant Center for Environmental Health (CEH) sued respondents, various manufacturers and retailers of […]

Filed 3/9/23; Opinion following order vacating prior opinion CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. JOHN M. OLIVA, Defendant and Appellant. E073979 (Super.Ct.No. FVI1503175) OPINION APPEAL from the Superior Court of San Bernardino County. Tony Raphael, Judge. […]

Filed 3/8/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT PACIFIC PALISADES RESIDENTS ASSOCIATION, INC., Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents; RONY SHRAM et al., Real Parties in Interest and Respondents. B306658 Los Angeles County Super. Ct. No. […]

Filed 2/9/23; Certified for Publication 3/8/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT KEVIN RAMIREZ, Plaintiff and Respondent, v. THE SUPERIOR COURT OF KERN COUNTY, Defendant and Respondent; DEPARTMENT OF MOTOR VEHICLES, Real Party in Interest and Appellant. F082588 (Kern Super. Ct. No. BCV-19-102984) OPINION APPEAL from […]

Filed 2/9/23; Certified for Publication 3/7/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Nevada) KATHERINE ZAHNLEUTER, Plaintiff and Respondent, v. THOMAS MUELLER, as Trustee, etc., Defendant and Appellant. C093909 (Super. Ct. No. CU19083601) This appeal concerns a dispute related to a family trust. The successor trustee named […]

Filed 2/8/23; certified for publication 3/7/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE JIMMY HANG, Plaintiff and Respondent, v. RG LEGACY I, LLC, et al., Defendants and Appellants. G061265 (Super. Ct. No. 30-2021-01211055) O P I N I O N Appeal from an order of […]

Filed 3/7/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) THE PEOPLE, Plaintiff, v. CARLY SUE EDWARDS, Defendant and Respondent; STATE DEPARTMENT OF STATE HOSPITALS, Objector and Appellant. C094784 (Super. Ct. No. 21HB3119) THE PEOPLE, Plaintiff, v. STEPHEN MICHAEL BRAUNSTEIN, Defendant and Respondent; STATE DEPARTMENT OF […]

Filed 3/7/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE TOM PIPLACK et al., Plaintiffs and Respondents, v. IN-N-OUT BURGERS, Defendant and Appellant. G061098 (Super. Ct. No. 30-2019-01114510) O P I N I O N Appeal from an order of the Superior Court of Orange […]

Filed 1/23/23 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE STANLEY E. GROSZ, Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, et al., Defendants and Respondents; AMAZON SERVICES, LLC, et al., Real Parties in Interest and Respondents. B309418 (Los […]

Filed 1/19/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re Marriage of DESTINY and JUSTIN C. DESTINY C., Appellant, v. JUSTIN C., Respondent. D079123 (Super. Ct. No. D553087) APPEAL from an order of the Superior Court of San Diego County, Sharon Kalemkiarian, Judge. Affirmed. Keiter Appellate Law […]

Filed 1/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CITY OF OXNARD, Plaintiff and Respondent, v. AARON STARR, Defendant and Appellant. 2d Civ. No. B314601 (Super. Ct. No. 56-2020-00539039-CU-MC-VTA) (Ventura County) Voters pass two city initiatives.  Here, we decide the city has standing to […]

Filed 1/17/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re the Marriage of D.H. and B.G. D.H., Appellant, v. B.G., Respondent. D079801 (Super. Ct. No. D474390) APPEAL from an order of the Superior Court of San Diego County, Adam Wertheimer, Commissioner. Reversed and remanded with directions. Antonyan […]

Filed 1/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR LEROY IYERE et al., Plaintiffs and Respondents, v. WISE AUTO GROUP, Defendant and Appellant. A163967 (Marin County Super. Ct. No. CIV2101151) Wise Auto Group, doing business as Infiniti of Marin (hereafter Wise), appeals an order […]

Filed 12/28/22; Certified for Publication 1/19/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) REBECCA WU, Plaintiff and Appellant, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Defendant and Respondent; TWIN RIVERS UNITED EDUCATORS, Real Party in Interest and Respondent. C092640 (Super. Ct. No. 34-2019-80003289-CU-WM-GDS) This case involves our review […]

Filed 1/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT 5TH AND LA, Plaintiff and Appellant, v. WESTERN WATERPROOFING COMPANY, INC., Defendant and Respondent. B313679 Los Angeles County Super. Ct. No. 20STCV02781 APPEAL from a judgment of the Superior Court of Los Angeles County, Armen Tamzarian, […]

Filed 1/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. ELIAN ANGEL MENDOZA DAVIS, Defendant and Appellant. A164046 (San Mateo County Super. Ct. No. 20-SF-001498-A) Defendant was charged with raping an intoxicated person. While he was out on bail […]